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

If you owned the neighbours would stop this. They see you as less than them

Also if the neighbours do anything like cut down trees make sure you complain to the landlord asap - maybe you or they get the local pcso involved - but you dont want to be held responsible for any damage they may do!

I'd also check the landlord didn't give them permission to cut down the trees. Or that even he didn't do it himself/send in a gardener.

It's not your property it's not your responsibility, it is up to the landlord to settle disputes with his neighbour, maybe he's not interested, yes I think he should have told you but you are fighting the battl3s for him which is not fair. Give him the information, speak to a solicitor about your right to live in peace as a tenant. Maybe he doesn't have an issue with them and just wants his money each month.

I don’t understand. I see a wall with some piping on it, not great but not a huge inconvenience to you. Then a lower fence or wall which continues down between your two gardens, right? How high is that? What exactly have they said about how you keep your garden? There’s no connection between the extension and their comments about your garden, why are you connecting the two issues?

How did they get into your garden to cut the tree at down?

Can you do a diagram?

I don't really understand it either from what I can see. It seems to have full planning permission, and was there when the op decided to rent the house. It appears to be one pipe coming down the side of the wall and not a major overhang. Either way it was there when she decided to rent and was permitted.

The only issue I can see is they cut down something when the op was on holiday, possibly something over hanging their property or infringing on it. It's odd because rhe only air space I can see is under the white pipe. So maybe rhe pics don't represent it properly. The only other issue seems to be they talk loudly in front of her window for some reason.

Did you hear back op from your landlord?

Just move out. It's not even your property and garden. Why so bothered?
It would be 1000% worse it it was your mortgaged house.
Renting gives your freedom to move.

Can you find out if they complied with the requirements of the Party Wall Act 1996?

I’m also confused. What do you mean that they think the own the garden that their pipe overhangs onto? In the photos it’s an inch or so? How goes the tree fit in? It also shows a concrete wall down the boundary, how are they getting in to access this spot?

But its her home smurf

It is her home but it's still rented accommodation, and it looks like she's upset over a couple of inches of pipe over hanging the boundary line.

If she hates the neighbours, which she clearly does, then it's better for her to move amd renting gives that freedom. She can't start a serious dispute with the neighbours, the landlord will likely give her notice if she does. She can only ask him to resolve, and if he does not. Then she has the luxury of being able to move on and set up home elsewhere.

Is there anything in your tenancy agreement about sole or shared use of the garden, how are they getting into your garden. I would take photos each time they come in and when the dog piddles and send it via email to the landlord. The overflow leak is also his problem, can you film it when it's leaking. Keep a paper trail of all discussions wirh the landlord, say this is affecting your privacy and quality of life and you'd like him to speak to n.d.n. If he doesn't reply or do anything then either move or negotiate a rent reduction. You can access the tenants association for advice or speak to your own solicitor about your tenant rights

Anyone can buy a copy of the deeds from Land Registry Bluntness. I bought a copy of my Mum's neighbours when they were hassling her about parking spaces and saying they had the right to park in hers.

You can order them online

Completely agree with you OP that landlords should have to declare neighbour disputes to prospective tenants in the same way as vendors have to disclose to purchasers. We rented a house where the landlord and neighbours had been at loggerheads for years and we couldn't understand why, literally within minutes of us moving in, the neighbours on both sides and behind were banging on the door, shouting and carrying on. We would never have taken the house if we had known what had been going on.

Did they get flying freehold? If not, they have no grounds to ever come into your garden!

No one is disputIng she can buy the deeds, of course she can.

The point is why would she? It's not her house and this is for the landlord to resolve. She needs to explain the issue, discuss with them and let them resolve it. Or not. She should not be taking legal action against the neighbours or having solicitors write to them .

Sure she can do it, but it's highly inadvisable, and if she was my tenant she'd be out as quickly as I was legally able to get her out. I have also rented and if I'd done such a thing I'd have expected my landlord to be furious. I think the same can be said for most landlords if the tenant attempted legal action against rhe neighbours without their consent.

The other issue is she appears to be complaining about a couple of inches of pipe. And the space underneath it. Sure they shouldn't be on her property cutting down trees under that pipe, unless the landlord agreed it. And talking outside her window loudly is annoying, but ultimately if she has a complaint she needs to go via the letting agent or landlord.

This really is the best advice she will get. If the agent or landlord doesn't resolve it, then she has the luxury of being able to give notice and move on.

Well perhaps blunt if she were your tenant youd have done something about it. If she does report it thats due to the landlord failings not hers.
Pesky tenants thinking they deserve privacy in the garden they pay for. How dare they?

But she can’t report it can she? Who to? As blunt says, as a tenant she can’t start a legal dispute with a neighbour about boundaries!

I really don't get your point. She had not told the landlord and was waiting for a call back. She needs to update on whether they will act or not.

They also went into her garden to cut the tree under the pipe when she was on vacation, there was no privacy issue. If they didn't get permission to do so they were clearly in the wrong.

As for the landlord dispute with the neighbours all that's been said is that they haven't enjoyed the best relationship and that he objected to the extension and it was granted permission anyway. There is no note of a formal dispute or big falling out. That's her that's got that going on.

Bottom line it's rented accommodation. She hates rhe neighbours. If the landlord fails to resolve it. She should move on.