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Legal matters

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Original poster

Someone is renting out my garden!!!!

167 replies

NorthSouthDivider · 04/11/2023 16:24

So long story short. We have recently found out that a neighbour is renting out their property with backs onto ours. Our garden ends in woodland. Unbeknownst to us they have fenced off part of our tree lined area and included it in the parcel of land they are renting out as their property. So they are renting out their house and their garden but including a chunk of our garden as part of the deal!! What should I do?! I’m fuming.

OP posts:
Thread gallery
6
AllHunsBlazing · 05/11/2023 21:28

Happyher · 05/11/2023 20:19

If they have been using it for 12 years without permission and you haven’t challenged them they can claim ‘adverse possession’ of the land.

🙄

RecklessGoddess · 06/11/2023 04:37

Agreed, best course of action, as far as I am concerned!

TestingTestingWonTooFree · 06/11/2023 07:06

Is their home registered? I agree that the boundaries shown on the plan aren’t binding, but it would still be interesting. I think you can download LR docs for a few quid.

Rosscameasdoody · 06/11/2023 07:25

Happyher · 05/11/2023 20:19

If they have been using it for 12 years without permission and you haven’t challenged them they can claim ‘adverse possession’ of the land.

Oh dear. Read the thread. You haven’t been able to do this since 2002. You can’t just fence it off and treat it as your own, you have to apply through land registry who notify the the registered owner so they can reclaim it.

Sennelier1 · 06/11/2023 11:56

Start with a polite letter, if that doesn't work then lawyer up. And once they're of your property put a fence up. One that doesn't leave any bounderies to imagination.

Janieforever · 06/11/2023 12:00

Personally don’t understand how you didn’t notice fencing going up. We have a multi acre garden with woodland and we would see it as we walk round.

id contact s lawyer and I’d ask them to remove their fencing, give them a time line and then say you will do it by x date.

it seems they will go for adverse possession, and I think the fact you’re in mumsnet declaring yourself fuming and not having acted is not really in your favour.

potatoheads · 06/11/2023 14:13

Happyher · 05/11/2023 20:19

If they have been using it for 12 years without permission and you haven’t challenged them they can claim ‘adverse possession’ of the land.

Oh stop it. It's not that simple

MsAdoraBelleDearheartVonLipwig · 06/11/2023 18:46

I thought the Korean lady thread was outed as fake?

What would happen if you just put a fence up where you think the boundary is? Even a temporary one would get the message across. There’s no criminal damage if their fence is still standing.

MarieRoseH · 06/11/2023 19:19

Send them a legal letter saying they have stolen your land and have 14 days to move the fencing back to the landline

Ponderingtosk · 06/11/2023 20:02

OP I haven’t read all the replies but contact land registry and if you’ve not got it already get setup so that if anyone’s tries to change anything to do with property registered to you they notify you. Can’t remember all the information about it but I did this with a property of mine a few years back.

MumtoSENprincess · 06/11/2023 20:05

I am a litigation solicitor who deals with boundary disputes and I am horrified by some of the advice you are getting here. Please get proper legal advice before you do anything - many firms of solicitors do one-off fixed fee consultations. You may have legal expenses insurance cover as part of your household insurance policy. Boundary disputes can escalate and become hostile and expensive.

Ponderingtosk · 06/11/2023 20:06

Ponderingtosk · 06/11/2023 20:02

OP I haven’t read all the replies but contact land registry and if you’ve not got it already get setup so that if anyone’s tries to change anything to do with property registered to you they notify you. Can’t remember all the information about it but I did this with a property of mine a few years back.

I think it’s called the Track Changes Register

Sisterpita · 06/11/2023 22:47

@NorthSouthDivider there are two Land Registry tools that can assist you and both are free.
Property Alert https://www.gov.uk/guidance/property-alert
Add an email as one of the 3 permitted contact addresses https://www.gov.uk/government/publications/updating-registered-owners-contact-address

Property Alert

Sign up to HM Land Registry's free Property Alert service to help protect your property from fraud.

https://www.gov.uk/guidance/property-alert

Stormyweathr · 07/11/2023 08:54

If your not using it and it’s just a matter of principle strike a deal and get half the rental money

MamaJobo · 07/11/2023 09:16

Get legal advice! If they have been using it for years and it’s fenced off, they could have a claim for adverse possession.

CynicalOne · 07/11/2023 09:31

MumtoSENprincess · 06/11/2023 20:05

I am a litigation solicitor who deals with boundary disputes and I am horrified by some of the advice you are getting here. Please get proper legal advice before you do anything - many firms of solicitors do one-off fixed fee consultations. You may have legal expenses insurance cover as part of your household insurance policy. Boundary disputes can escalate and become hostile and expensive.

@NorthSouthDivider

Absolutely this ^^^

Rosscameasdoody · 07/11/2023 19:21

MamaJobo · 07/11/2023 09:16

Get legal advice! If they have been using it for years and it’s fenced off, they could have a claim for adverse possession.

Nope. Not since 2002. If they claim to land registry for adverse possession the registered owner is notified and given the opportunity to contest it. It doesn’t just get nodded through any more.

Rosscameasdoody · 07/11/2023 19:23

Ponderingtosk · 06/11/2023 20:02

OP I haven’t read all the replies but contact land registry and if you’ve not got it already get setup so that if anyone’s tries to change anything to do with property registered to you they notify you. Can’t remember all the information about it but I did this with a property of mine a few years back.

No good for adverse possession claims. This is mainly to track whether scammers are selling your property without your knowledge.

DotAndCarryOne2 · 07/11/2023 19:24

MarieRoseH · 06/11/2023 19:19

Send them a legal letter saying they have stolen your land and have 14 days to move the fencing back to the landline

Utterly useless if they have lodged a claim for adverse possession. OP needs proper legal advice.

pam290358 · 07/11/2023 19:26

MsAdoraBelleDearheartVonLipwig · 06/11/2023 18:46

I thought the Korean lady thread was outed as fake?

What would happen if you just put a fence up where you think the boundary is? Even a temporary one would get the message across. There’s no criminal damage if their fence is still standing.

This could be seen as establishing a new boundary and wouldn’t solve the problem. And OP has already updated that the neighbour is contesting on the grounds of adverse possession. OP needs sound legal advice and to establish the actual boundary and get it fenced off properly.

Teflondon · 07/11/2023 22:04

I work in an estate agents and this would drive us bonkers! It is not their issue, you need to speak to the neighbours and resolve. They are not getting paid by yourself or the neighbours to act as a mediator. I understand if it was something obvious like they were letting out a house and including a neighbours driveway, but boundary issues are complicated.
They sound very very cheeky though and I can see why you are fuming!

Crazydonkeylady · 07/11/2023 22:43

I would see a solicitor and at the very least have a cease and desist letter sent to them along with a copy of the deeds (in spite of them theoretically not being absolute without a boundary survey). I would also construct my own very secure fence on my boundary - perhaps tensioned stock fencing with a couple of strands of barbed wire along the top. To be fair since I have livestock I’d probably put some in the woodland too along with a few strands of electric wire attached to a powerful energiser and plenty of warning notices about the electric fence and private land. I’d leave their fence I damaged and in place for now and offer them it back to have put up within their own boundary. Good luck. I hope you manage to get it sorted. I would inform the estate agent of the issue but I wouldn’t really expect them to deal with it. It may well be worth you getting the boundary survey done to strengthen your case and hopefully get this resolved more quickly. Not fair I know having to bear the cost but probably worth it in the end.

Crazydonkeylady · 07/11/2023 22:45

Crazydonkeylady · 07/11/2023 22:43

I would see a solicitor and at the very least have a cease and desist letter sent to them along with a copy of the deeds (in spite of them theoretically not being absolute without a boundary survey). I would also construct my own very secure fence on my boundary - perhaps tensioned stock fencing with a couple of strands of barbed wire along the top. To be fair since I have livestock I’d probably put some in the woodland too along with a few strands of electric wire attached to a powerful energiser and plenty of warning notices about the electric fence and private land. I’d leave their fence I damaged and in place for now and offer them it back to have put up within their own boundary. Good luck. I hope you manage to get it sorted. I would inform the estate agent of the issue but I wouldn’t really expect them to deal with it. It may well be worth you getting the boundary survey done to strengthen your case and hopefully get this resolved more quickly. Not fair I know having to bear the cost but probably worth it in the end.

Please not that should have said UNDAMAGED not I damaged! I think it would be wiser to leave the intruding fence for the time being but to construct your own in the correct place.

Onethingatatime23 · 08/11/2023 09:31

Knock on the door and tell them what they have done and give them the dressing down of their lives if they did it on purpose. How fucking dare they? Give them 7 days to sort it our or you will take action and charge them any costs, and take them to court if necessary to get the money back.

Rosscameasdoody · 08/11/2023 09:52

Onethingatatime23 · 08/11/2023 09:31

Knock on the door and tell them what they have done and give them the dressing down of their lives if they did it on purpose. How fucking dare they? Give them 7 days to sort it our or you will take action and charge them any costs, and take them to court if necessary to get the money back.

Try reading the thread. The land is being contested by the neighbour under adverse possession laws. No point knocking on the door as the law is potentially on their side if it’s established that they have a claim. The OP has already been advised by several actual solicitors that she needs to get proper legal advice to contest it and reclaim the land via land registry procedures.