Landlord and neighbour in boundary war- where do WE as tenants stand?

[PeachyChocolateEClair]

Hi

We live in a lovely old rented cottage, have done for 2 years now, our lease is renewed every November and we fully intend to remain here for as long as possible.

BUT the next door neighbour (moved in about 8 months after us) has decided she wants to challenge to boundaries on the garden.

She wants 18inches, which would remove the area that the boys play in (their swing won't fit anywhere else), removed al the old established plant / trees and mean we can't move out (the front door is cottagey and narrow witha corridor behind, only way we could move in our furniture was over the back wall).

It appears they amde an offer on HALF OUR GARDEN (width ways, so the garden that is currently 40 ft long would be 20ft and we would lsoe the shed) but were rebuked, so are now challnging boundaries. they have also said the fences etc are all coming down for this / a conservartory over the whole summer, which loses the garden for us as we have SN chuildren who need fencing in!

Now, the landlady is jappy to go to coust over this (apaprently fence has been in palce 50 years) but as tenants do we have any rights over loss of use should it all go to pot or the very elderly alndady decide to give in under pressure? Six weeks of no garden over the summer is my idea of hell honestly, as Dh is asleep in the day so its the only ay of keeping them quiet. They would also have access to our agrden then, currently it has 6 ft fences / wall around which we like as security.

Suspect you have no rights as a tenant long term, except to ask for a rent reduction for the loss of amenity, but if they go ahead they should at least reinstate the enclosed fencing.

Whose boundary is it to maintain or aren't you sure ? Don't see how the neighbours can make a claim tbh and perhasp your landlady could counter claim if it has been in continuous use with your property for somehtign like 15 years.

Do they yet have planning permission for a conservatory , if not that could take many weeks and your landlady could object although not on grounds of the boundary alone?

Might be worth a visit to CAB

Isn't there a garden law website/forum that answers stuff like this? Can't remember its name.

You're right Soupy here (scroll down past the ads on the right )

Its been in use for FIFTY years!! But we have found she has been slowly moving the (dry stone ) wall when we checked earlier.

What I mean by rights, is for instance if we lose use of facillities we need can we end the tenancy early? Is it a breach? We dont want to have to stay if the house doesnt suit our needs- theres no point. And a house with no useable garden / shed (as Dh requires one for his study) / safe play area is usel;ess to us.

It depends on your contract I guess. What does it say the landlords obligations are? Plus I've never heard of a contract which didn't have some sort of getout clause for the tenants after the first 6 months/year - are you sure?

However I'd be very surprised if you can be forced to stay if the property changes drastically. This neighbour sounds like a witch - I'd find an excuse to move out anyway tbh.

Oh the conservatory replaces an existing one, would have been nice if they mentioned it (though we knew, high fence so they cant see us eavesdropping LOL) but we have no problem at all with that- just the complete absence of a fence for what they are saying could be the summer (apaprently the builders decide not them when they will do it )

Now we're aware and have checked she's tried some silly things- like she has painted in her house colour about 40cm onto ours, which is covering part of the outside of the kitchen and is ridiculous LOL. And the Ivy on her side is being removed- presumably for a pre-emptice move....

We do love it here, but ahd we wanted a place without a garden we wouldn't be paying for a place with a garden, iyswim. And a garden with no fence is useless to any family with kids, esp. two asd kids.

The nieghbour is OK< primarily because she is rarely here (second home LOL)

Our contract isn't a rolling one, we have successive fixed term contracts of a year each.

How do you slowly move a drystone wall??! Is she an expert drystone waller?

Daft cow didnt realise its a dry stone wall ffs (she's rom london- but surely!!!) so was piling them up randomly in a hidden corner

As if we wouldn't notice!

at the not knowing about the wall.

flippin second home owners.

I am London born and bred and even I know what a drystone wall is. Did she think it was just a pile of inconveniently placed stones? Snort!

Whose are the fences? Are they on "your" side or hers? Who put them up?

The fences have been there 5o years so we dont know who put them up, the dry stone wall since 1800 or thereabouts according to the Archaeological Society website.

Agree Soupy about the wall- more than just being a city dweller I suspect! She's rearranged them so well now that they look like a pile now though good job my Dad can drystone wall- she's not getting rid that easy LOL!

The wall isn't listed by any chance is it ?

Hmm, good point- it was thought for ages it came from the Roman Barracks that we live in the grounds

Oof

will have to look at that

What is the basis of the challenge. TBH if the fence/boundary has been there for 50 years I think it is a bit late for anyone to challenge it! There is some rule about it but no idea what it is.

Will try to find my Telegraph book of household law....

The basis is she wants it because she is sick of pushing the bin around the lane every week (why she bought a terrace then i don't know )

I cant see a basis either, i think its nastiness because they wouldn't sell her our agrden. I'm not surprised they wouldn't sell though, they don't want to lose their tennts do they? And nobody else would want the place without a garden

Looked in my book and it seems to think it all depends on the plans for the properties. Boundaries should be marked on this.

It also says a lot is spent on legal costs on 'trivial' matters such as this!

I would say unless she has a legal right of acces through your garden then she has no hope! That is not a legal opinion btw, just mine...

As far as you are aware, are the fences on your side or her side? If you think they are on "your" side, then surely you can then challenge her desire to take them dwon whiel she puts up a conservatory?

If it's disputed, even then, she can't do anything until the dispute has been resolved. Have you tried contacting the Land Registry to see if you can get copies of the deeds?

If you are worried about your landaldy not wanting to follow thorugh with the hassle, why don't you offer to "help" with the hassle, at least initially - as long as she pays any legal fees - for at least as long as it takes to chekc whether she even has the beginnings of a case.