Boundary issues and trespass

[Shortperson]

I have a boundary dispute that started 18 months ago when I cut back some trees overhanging my driveway. My neighbour then put up a fence where the tress were claiming over 2 metres of my land along my driveway as theirs. This was in March 2024.

it’s a new property I stupidly did not get a survey which I bitterly regret.

There is an old metal stock fence that separates my and my neighbours properties which I discovered after the second survey i had done in December 2024. The first and second survey shows the fenced land belongs to me

The stock fence runs alongside the boundary trees and hedging.

I have a Solicitor and we are edging towards a determined boundary as the title deeds from 1911 for my property are not clear nor are my neighbours.

My neighbour had a survey done iOctober but hasn’t sent the report and it’s with their Solicitors waiting for instructions - as of 1st December.

whilst I was on holiday in November my neighbour sent a hedge cutter to climb over a temporary fence (installed by my neighbour but he says the developers’ ’ did it) onto my land and cut the hedging down to 5 foot the whole length of my driveway. This was recorded on security cameras. My property is insecure as I can’t put a fence up and my home is now overlooked by my neighbours balcony.

My solicitor has written to my neighbours asking for an apology for the trespass, a copy of their survey so we can apply for a determined boundary. No apology or Report of their Survey so my Solicitor has emailed asking if their Solicitor is still acting for them so that proceedings can be served.

So far, no response from my neighbours.

Meanwhile my bedroom faces my neighbours’ garden which is completely open, I’m over looked by my neighbours balcony and my neighbours can climb over their small fence any time they like,

I have been in contact with the Police in March 2024 when my neighbour was aggressive towards me when I formally objected to their fence. I’ve contacted the police again about the trespass and the damage to the hedging along my driveway. The survey shows that most of the boundary hedging is on my side of our boundary.

i live my own and this is really taking its toll my health.

Sorry and I sympathise but do you have a question?

What survey was requested, it's the Title plan that will show the boundaries, this information should be with the deeds, the developers must have a plan. Why can't you put your own fence up, it's hard to visualise what's happened, have you got a diagram. If it's a new property how does it have title deeds from 1911.

My place was built in 2015 and I have the title deeds from 1911. They show the workshop that was here before the street was built.

The title deeds of a property that was built in 2015 will be dated 2015. It’s not much use looking at a document from over 100 years earlier as the land ownership could have changed many times since then.
In addition, your conveyancing solicitor will have sent you a copy of the title deeds when you bought the property - you didn’t need a survey to show you that.
maybe post a photo of them on here so we can see what you’re talking about as it’s hard to picture.

That's not quite correct.

It's the deeds from when the relevant boundary was created that are key

Is Google Earth of any use? 2m is a lot of land to grab.

Don't you have an outline of the plot you bought? It might not be pinpoint accurate but 2m is a lot. Our neighbours tried to straight line a dog leg on our boundary, but we had previously documented it.

Trespass isn’t a criminal offence. The police won’t be interested. It’s a civil case and up to you to request damages. I’d just get every plan you can acquire! 2m is a lot. You can erect a fence 2m high.