Neighbours think my garden is shared

[sweetnickle]

I’m really at my wits end here. Terraced property, moved in almost 2 years ago. The neighbours have an extension that takes up the best part of the length of my garden. It overhangs massively and cuts off any sunlight to my garden. Their plumbing is overhanging my property too.

Because the extension was built in 2001 they are now under the impression that because their plumbing is in my airspace they own the bit that it overhangs. This means they are constantly on my back about how I keep my garden as they think it is their’s too. They have even taken it upon themselves to trespass and cut trees down when I was on holiday. They think that because their extension is now my boundary wall that they can do as they wish.

I just want some privacy and to be left alone. I should be able to have my garden how I want without others destroying it. They need to accept that it is my property and they do not share it with me. I was wondering if there is anything that I can do at this point about the overhanging plumbing? Ideally they need to be removed and re done over their own property

The cctv is inside the house so I don’t need permission, no system has been installed. He is aware anyway

You'd need to seek legal advice. You'd have to prove the landlord broke the terms of the contract first. In this situation I doubt that would be easy, so likely you also need to abide by the terms of the agreement. In addition if you're going rent again you will need a good reference.

I would not advocate breaching their terms of your rental agreement without legal advice.

As far as I’m aware this man has allowed me to give him a lot of money and move into a property where there are extreme tensions with the neighbours. He has just said this has been going on for over 15 years. He has knowingly exposed me to this harrassment for his own personal gain, cash! And lots of it. If you have to disclose issues before selling it should be the same before renting out

Then seek legal advice on breaching the terms of your contract. Or give notice now. You need To live someplace and will need to find somewhere else to rent. In addition you risk losing your deposit and him coming after you for unpaid rent if you just leave, plus find it difficult to rent elsewhere.

For your sake you need to manage it properly.

The cctv is inside the house so I don’t need permission, no system has been installed. He is aware anyway

You don't need permission but you do need to be registered with the ICO and have appropriate signage, a notice in your window is not sufficient.

You could give 4 weeks notice today, but you are allowed to leave anytime before that, as long as you pay August's rent.

Re: the front - So you share a path but each have a private area in front of your windows. So get some plastic net fence or chicken wire and put it alongside the pathway so the dog can't get onto your private bit. You can just bang in a couple of stakes to support it at either end of the grass. If the dog shits on your path just get a stick and flick it across onto their path. I can't see your landlord objecting to this as it is temporary and not damaging property.
Did it rain last night? Knock next door or put a note through and tell them their guttering and downpipes are leaking badly onto their wall and they will get a damp problem unless they get it fixed. They won't care about it leaking onto your garden but they might care about their house getting a damp problem.
Presumably the back gate they are using to access your garden is further along the shared path. You need to get the landlord to fit a higher gate and a kick-ass padlock. Then put another one of your no trespassers signs on the gate too.
You are constrained somewhat by how much the landlord is willing to help, and the above means you will have to interact with the neighbour's through gritted teeth, but keep the end result in sight - when they can't actually see your garden they won't know what is going on in it, will they.

Planning permission can be approved for land the applicant doesn't own. They have to notify the owner about the application. Planning permission doesn't override ownership and legal rights.

Depending on the size of extension if may not have needed planning permission.

You don’t have to own the land at the time planning permission is sought, but you sure as hell can’t start building on it until it passes into your possession, or you have permission from the owner.

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You only need to give one month’s notice to leave. It’s the landlord who needs to give 2 month’s notice. If I were you, I’d move, at least you didn’t buy the place!

you can also look at the old plans on the council website That might be interesting!

Speak to shelter before you do anything like leaving without expected notice

ps taking over extra garden isn't automatic whatever they think in 2003 there was anew law about claiming others land by "squatting" & they haven't on the ground fenced it in what is in the air doesn't count

Have you got a garden gate? You need a full height lockable one!

Just move it’s really not worth the aggro when you don’t own the place .

Move. Leave it all to the landlord.

It is one of the perks of renting that you don't get with owning.

It's not your property, it's not your problem to resolve, and you can move somewhere else with limited cost and relatively short notice.

I don't really understand why the extension bothers you so much as it was already built when you moved in two years ago?

It hasn't changed in that time has it, and the drains look high enough not to really encroach in your air space enough to cause a real nuisance?

How do the neighbours get into your garden, and how often has this happened? When they cut the trees back, was it overhanging their garden?

I can understand you feeling grieved about them entering your garden, but just ignore any comment they make about how you keep your garden, or tell them it's none of their business.

Is it really worth moving for this issue, if the house suits you in every other respect? It's expensive and time consuming to move...

The dog and people coming in to the garden isn't good!

I would suggest asking the landlord to put up a fence. It's in their interest to do so because otherwise you could leave and they'll have to find another tenant.

Not your property, not your problem. Just move. No point fighting someone else’s battles for them.

It looks as if the extension was built along the boundary and the guttering and other plumbing hangs over. I wouldn’t have thought this was legal at all. We for example are not allowed to vent our tumble dryer or have the pipe work from the gas outlet to the side of the property as our house falls along the boundary.

Your ll is an idiot to have rented out a house with an ongoing dispute. This should have been resolved a long time ago and the plumbing moved. It may be too late now though. I understand your anger and desire to stay put but personally I’d move.

By the way your landlord needs a surveyor, rather than a solicitor, in the first instance.

I rent, and if my neighbours bothered me this much, I'd move. It's one of the few perks of renting. If your landlord won't deal with it, vote with your feet!

By law they would have only been able to extend by under 4 metres without planning permission. So i suspect you may be exaggerating when you say that runs length of most of your garden OR you have a very short garden OR they have built without planning permission, in which case - go to your council