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6 year boundary dispute, kind of.🤷

16 replies

Allforthem · 25/04/2025 22:36

Hi there.
We moved into current house 21 years ago.
The garden fences were already there and over time hedging and shrubs have grown through them from both sides.
There are steps that run down into the lower garden, again they were already there when we bought

So almost 6 years ago, the neighbour's adult daughter decided the fence was in the wrong place, (after a kind of dispute, which was unrelated to the boundary). For clarity, the previous owners had built the fence 10 years prior to our purchase and we'd lived there 15 years by then.

Their solicitor sent us really threatening letters, demanding we give them our garden steps and a strip of 3ft all the way along our garden, claiming in fact that they owned the steps and had even built them, despite them being within our fences and the neighbours don't have any access to them.

We hired a solicitor, who ultimately told them there's nothing to dispute, since the previous owners of our house built the dividing fence, along with the actual neighbours who were disputing the boundary, so wether it was in the wrong or not, its location had been agreed upon by both parties 25 years prior.
Another neighbour also confirmed this was correct and it's all in legal statements from them in our file.

Then tooing and froing of letters and ridiculous made up nonsense went on and on, costing us thousands in legal fees and got us nowhere.

Then both the elderly neighbours died within weeks of each other, so we assumed the dispute would be ended, but the daughter, (the instigator as she held power of attorney), who jointly inherited her parents house with her sister, came out shouting about the boundary again a couple of weeks ago, so I believe it starts again now?

What if anything can we do about this situation?
Its really taking its toll on us. We'd agreed a sale when this kicked off, so had to put a stop to it, but we do need to move, however can't with a dispute hanging over us.

I was literally doing gardening last week and she came screeching that I can't plant anything there, since I know full well she owns that bit, despite it being well inside our fence.

It has got ugly on occasions, needing police involvement, as she appears to be a bit unhinged, so there's no talking to her.

We've attempted to get them to either go to court to get it decided, or drop the case, through our solicitors, but they just ignored it all and their solicitors seem happy enough taking their cash for letters and responses.
Our solicitor then attempted to put them on notice that we were taking it to court, but they ignored the compulsory mediation requests, so that failed too.

They go quiet for a while, then send ridiculous claims again via a threatening solicitors letter, we reply, they ignore our reply and the cycle keeps repeating.
Their claims are often bizarre, eg that we planted trees in their garden overnight. They spy on us, take photos of us and our teens. They had their CCTV camera pointing in our window at one time, which the police made them change.

Their claim details had changed loads over the time.
They initially had a boundary survey done, which stated that our steps were wholly within our boundary, but their solicitors were demanding we give them up still?. The survey also stated that the boundaries were broadly in line with where they should be, but it said due to bushes and shrubs growing through old wire fencing on both sides, it was impossible to say they're 100% accurate. It additionally stated that our garden was 1 inch smaller than it should be by the deeds.
In fact all the survey said was, that our fence at one point was leaning 15cm out, because the neighbours had dug a huge deep trough, right next to the fence's post holders in the ground and all our fence posts started leaning over their side, which we've had to try remedy by using concrete, but the trough still exists and loads of our plants died as a result of the trough drying their soil and roots out.

Does anyone have any ideas about anything at all we can do? It's unbelievable that British law allows a situation like this to go on and on for almost 6 years without going to court. We can't sell, we can't go into our own garden without harassment.
We've stopped using solicitors now, as we'd been ignoring communications since they were adding nothing but bizarre claims of us doing things, but the neighbours were always clear that they were not dropping the claim. Like I say they're both gone, so after the daughter shouting, I expect it's all going to start up afresh now.

Does anyone know if there's anything at all we can actually do about this situation, I'd get a solicitor again to put a stop to it if there was some way.
Thank for any ideas or advice.

OP posts:
PsychoHotSauce · 25/04/2025 22:44

Personally I would get photos of current boundaries that are up to date, included photos of measurements of distance of placement between fixed structures eg house, just in case you come home one day and a new fence is up in a new location.

Then ignore all solicitors letters. AFAIK you don't have to respond until they bring court action. Don't get sucked into sinking pointless legal fees. Keep the proof you have safe, get more in case of anything, and ignore until they actually do something beyond bullying you.

Needanadultgapyear · 26/04/2025 06:25

have you spoken to Police specifically about the harassment as this is an offence. Particularly as there has been a survey that they commissioned that showed that the fence was roughly in the right place. Nothing to loose as you already have a dispute to declare.

Allforthem · 26/04/2025 10:12

Thank you all for your responses.
PsychoHotSauce, yes that's a good idea. We've taken photos of the garden boundaries, but not with measurements, so I'll do that today, thanks.
Yes we're not answering any more letters now, unless an actual court letter comes. We've wasted thousands already.

JohnofWessex thank you for that, I'll have a look into it.

Needanadultgapyear, yes police have been involved a fair bit as there's been some nasty things going on, but the CPS initially deemed it as just a neighbour boundary dispute, not harassment, (despite people being hit, nearly being run over etc) so the police have been reluctant to send it back to them again.

I just can't believe this situation can be legally allowed to go on and on. It's a nightmare and we're trapped in it.

I also don't understand what they are hoping to get from it all, their parents didn't think there was a boundary problem for 15 years after we moved in and surely the sisters want to sell the house, so continuing the dispute, now their parents have died, seems like they're shooting themselves in the foot, surely?

OP posts:
dick27 · 26/04/2025 10:16

I am in a not dissimilar situation. Have you been on Garden Law . co . UK ? Very useful.

The police (in my experience) are clueless about this stuff and will dismiss it as civil not criminal. I assume you have CCTV? So can gather evidence on their harassment?

PsychoHotSauce · 26/04/2025 10:18

Just a thought, if they do escalate, you have plenty of evidence to support it just getting thrown out for her being a vexatious litigant. Threatening you for 6 years and costing you thousands but never escalating to the next step? That's harassment, and an indicator they know they have no case. Let it run, claim for your losses.

Eggsinthewhoopsiebasketalready · 26/04/2025 10:20

Get a blue tooth speaker or headphones. Switch on every time you are in the garden. Invest in some garden sails to blank out wherever they are shouting from. On offer in Lidl right now.

Needtosoundoffandbreathe · 26/04/2025 10:36

I think there's some good advice on this thread. Do you have any idea what they want to achieve? Is their garden oddly shaped, would extra land allow them to build another house or extend in a way not currently possible?

Allforthem · 26/04/2025 11:49

Needtosoundoffandbreathe · 26/04/2025 10:36

I think there's some good advice on this thread. Do you have any idea what they want to achieve? Is their garden oddly shaped, would extra land allow them to build another house or extend in a way not currently possible?

The only thing I can think is that they used to have use of this garden when they first moved into their house, but then the previous owners to us wanted their garden back, so they put the fence up.
The neighbours did ask me if I'd let them have exclusive use of it again, when we first moved in, but I declined and they hated us from then on, would stare at us and not reply "morning" or anything. However they never spoke to us, so it was fine I could live with that, until they accused us of digging a hole in their garden 6 years ago, which was likely a mole or something, then this all kicked off.
I feel there's been some resentment about us not giving them exclusive use of our garden brewing all that time maybe. They even included photos of them using our garden previously, in their land survey, bizarrely.

OP posts:
Allforthem · 26/04/2025 11:50

Eggsinthewhoopsiebasketalready · 26/04/2025 10:20

Get a blue tooth speaker or headphones. Switch on every time you are in the garden. Invest in some garden sails to blank out wherever they are shouting from. On offer in Lidl right now.

I like that idea thanks 👍

OP posts:
Allforthem · 26/04/2025 11:50

PsychoHotSauce · 26/04/2025 10:18

Just a thought, if they do escalate, you have plenty of evidence to support it just getting thrown out for her being a vexatious litigant. Threatening you for 6 years and costing you thousands but never escalating to the next step? That's harassment, and an indicator they know they have no case. Let it run, claim for your losses.

Thanks, that's a good way to look at it I suppose

OP posts:
Allforthem · 26/04/2025 11:54

dick27 · 26/04/2025 10:16

I am in a not dissimilar situation. Have you been on Garden Law . co . UK ? Very useful.

The police (in my experience) are clueless about this stuff and will dismiss it as civil not criminal. I assume you have CCTV? So can gather evidence on their harassment?

I'm sorry to hear you have this situation too, it's definitely not easy to live with.
I have multiple crime numbers, film footage, neighbours witness statements to police, letters from my solicitor regarding their actions etc. there's tons of evidence thankfully, although if police won't take it to court, I'm not sure it'll be useful.

OP posts:
Needtosoundoffandbreathe · 26/04/2025 11:56

Allforthem · 26/04/2025 11:49

The only thing I can think is that they used to have use of this garden when they first moved into their house, but then the previous owners to us wanted their garden back, so they put the fence up.
The neighbours did ask me if I'd let them have exclusive use of it again, when we first moved in, but I declined and they hated us from then on, would stare at us and not reply "morning" or anything. However they never spoke to us, so it was fine I could live with that, until they accused us of digging a hole in their garden 6 years ago, which was likely a mole or something, then this all kicked off.
I feel there's been some resentment about us not giving them exclusive use of our garden brewing all that time maybe. They even included photos of them using our garden previously, in their land survey, bizarrely.

Ah - that's interesting. Do you have anything documented about them having had use of it? Land law has some odd rules which can be difficult to understand. If they used it with permission they don't acquire any rights at all.

Allforthem · 26/04/2025 12:26

Needtosoundoffandbreathe · 26/04/2025 11:56

Ah - that's interesting. Do you have anything documented about them having had use of it? Land law has some odd rules which can be difficult to understand. If they used it with permission they don't acquire any rights at all.

I don't have anything, other than what the neighbours told me themselves. They said the old neighbours before the ones we bought from, used to let them use the garden and take care of it, they said the ones we bought from wanted it back to use, but asked if we might let them go back to the old system and let them have exclusive use of it again.

My other half thinks it's purely about beating us somehow and their 21 year bubbling resentment of us for not letting them have their own way, maybe that's right, it's hard to know what they want. The sister acts like she's lord of the land and tries to pull superiority over everyone, telling them what they can and can't do around the area.
I don't know if they truly believe the weird accusations they've made, or if they're just trying to annoy us into submission. They're very odd people, even the police said the daughter is exceptionally weird and tried to get them in for a mental health evaluation, but they refused.

It could be that having our garden would allow them a building plot for another house though, as they've previously tried to take some council owned land on the other side of their house too.

OP posts:
JohnofWessex · 26/04/2025 17:11

What about an Anti Social Behaviour Case Review?

https://asbhelp.co.uk/victims-hub/asbcasereview/

Might be a start if you want to take the initiative?

Allforthem · 26/04/2025 19:08

JohnofWessex · 26/04/2025 17:11

What about an Anti Social Behaviour Case Review?

https://asbhelp.co.uk/victims-hub/asbcasereview/

Might be a start if you want to take the initiative?

Thanks for that, it's quite interesting to know

OP posts:
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