Boundary dispute and family views

[Shortperson]

I have this problem with a neighbour and it’s been a year with little engagement from them. It stemmed from me cutting some trees back that overhung my driveway, my neighbour protested and threatened legal action. I’d spoken to them first before hiring a tree surgeon and they agreed which trees should be cut back. I thought they were reasonably okay.

The next thing I know a 150 foot fence is put up the whole length of my driveway, taking over 2 metres of land at the same time. It’s not even a nice fence and they also wanted compensation for the loss of the trees/shrubs/flowers behind the line of trees.

My neighbours say the trees formed green boundary along my driveway and the fence was to keep their dog and for security. We are not sure whose boundary it is.

Ive had a full survey done, established where our boundary is (the title deeds were vague) and this shows my neighbour’s fence is in the wrong place and they had taken more land than I’d realised, before the fence went up.

Ive got a Solicitor and my neighbour’s has just instructed one in January, after ignoring me since March 2024 when the trees were cut. I’ve now had a very long letter via solicitors from them saying that they will not agree to Boundary Agreement and the fence stays up and they are still wanting compensation.

The next stage is a determined boundary which my Solicitor is applying for, if my neighbours object it’s a Tribunal. It’s not been a great year and I live alone with no family and few friends.

My children are my LPAs and my home will be sold when the time comes for care fees as they all live far away. I’m 70.

My children have said that I should let my neighbour have the land, even though it’s quite a lot ( 40 square metres), they don’t care that the value of my home will be severely affected, as long I’m okay. They are my beneficiaries in my Will.

My Solicitor says it’s my decision but suggested that I should consider carrying on as my neighbour hasn’t a strong case and that if I don’t stand up to them they may move the fence further forward over my land in the future.

Personally l would continue you with it, they sound like cheeky fuckers and like your solicitor says they might do even more of a land grab. Sorry you have such entitled nightmare neighbours. I don’t think it’s any of your families business really, you could have 15-20 years left

Course you shouldn't give them 40 square meters. They're CFs.

Are your children worried a reduction in inheritance due to you spending money now on legal fees? Rather than an unknown drop in value of the property at some future point?

I’d continue to fight it although your solicitor would say you have a strong case, they want the fee from you continuing…

We had similar with a neighbour, although they didn't take nearly as much land. Our solicitor advised to drop it as it could escalate fast and costs sky rocket. We put our own fence up right next to the neighbours fence and secured it from our side so that they couldn't access our garden or remove fence panels from our side (we also made it fractionally higher than theirs to be annoying). The whole thing made my blood boil but ultimately it was sage advice as we didn't want a legal dispute. I'm sorry you have such awful neighbours.

How did you establish where the boundary is of the deeds are vague?

if

can you offer to sell them the 40 square metres?

I'd keep on with it because it is literally stealing your land.

ETA: can you set yourself an upper boundary for costs you're incurring on this?

well if the house is your care home fees, can you afford to lose such a large amount of value? Has your solicitor got a view on whether your costs would be recoverable?

Hello

Thank you for your advice… neighbours from hell!

My children don’t want me to be stressed that’s all,…they are good kids.

caffelattetogo… I had a full survey that established the legal boundary but it’s only an opinion.

The sad thing is I really went out of my way to avoid a dispute, got their agreement too.

Befugee I can’t offer to sell land right now as no boundary agreement as they won’t engage so it’s stalemate.

Personally, I think you need to continue to ensure boundary is defined to save issues when it comes to selling the house.

Listen to your solicitor. You may not need a care home! Or move closer to children? You sound isolated.

I had a full survey that established the legal boundary but it’s only an opinion
It could be a very costly legal battle for what is 'only an opinion'.

In all likelihood, they put the fence where they believed, based on some form of opinion, was the legal boundaries.

When you say 'survey', what did it entail?

This

Do you have legal expenses insurance as part of your home insurance? This would be covered if they assess you have a strong case.

Problem is, you can’t just give them the land as there needs to be a conveyance of the land with the Land Registry/Register being updated high they should pay for if they’re getting additional ground for zero cost.

If you don’t transfer it to them, then selling the house will be a nightmare because your title deeds won’t reflect the situation on the ground high will put off buyers.

Keep going and get your land back!