Boundary issue - with diagram

[Removemyshed]

I was going to take away an old shed in my garden. It’s totally rotten and I wanted to put a table and patio there. I went to tell the neighbour as she has a small dog and the fence won’t be immediately in place. She immediately went marching down the garden demanding to know where I planned to put the fence.

I said i’d just continue the line of the existing fence (as that’s clearly the boundary). She then said no you’re wrong the shed is the boundary and I’d better build it in the same spot. In essence with a weird kink in my new fence.

I have now been bombarded with threatening emails - she’s taken legal advice, she’ll sue me for trespass, she’ll remove anything constructed illegally on what is her garden, it’ll be criminal damage of her plants.

I see what she means that the side of my shed has been the extent of her garden as she sees it. I’ve no idea when the original fence was removed, but the gap (‘wire’ on drawing) has been plugged with a small wire fence that is nailed to the shed and my fence. No idea who did that, but I assume it was to save cost at some point. The gap is created by the guttering and roof overhang of the shed.

Now I’m not really worried, we are talking 20cm, but the kink will look odd and it’ll be more difficult to build - I was going to replace the whole fence.

I’ve looked at the deeds and the line is straight so I think I’m correct in thinking the boundary is (or at least was) straight. Surely you couldn’t build a shed partly in someone’s else’s garden anyway, even if it is just the edge of the roof?

However she’s rather unnerved me. Would I be breaking the law by building on the boundary? If she wasn’t so bloody rude and aggressive I’d be more inclined to take her views onboard, but I’m feeling now that she’s trying to bully me into doing what she wants.

For completeness she has plants growing against our shed.

She’s lived there for 8 years.

The shed must be 40 years old and the fence similar.

Boundary on other gardens are not clear as hedges have been planted.

I don’t want to anything illegal, but at the same time why should I just give her some of my very small garden.

Where should I build the fence?

Apologies for the saga, planning to do this once lockdown is over and stewing on it now.

Before you take down the shed, take plenty of photos where it can be seen the edge of the roof/gutter is in line with the fence line. Had the side of the shed been on the fence line, the gutter would have been overhanging her garden. So the shed is as far over as it can be while still being within your boundary.

We had very similar with our last house. Neighbour kicked off. Is a lot more difficult to claim adverse possession now and they clearly haven't claimed it before.

I took legal advice and solicitor pointed out it was a potential bottomless pit of legal fees which he was happy to charge but said suggested chucking the onus on them to take legal action. . So one day group of burly blokes who had been briefed turned up and installed the new fence (lots of pics taken before and after with tape measures in the pictures to illustrate

They kicked off and I said see you in court then...suggested they serve the legal papers and pointed out I had £150k in defensive legal cover so crack on

Guess what...they decided it might not be a good idea in case it bankrupted them.

Even Shelter's own website is on your side.

"The Land Registration Act 2002, in force from 13 October 2003, makes it extremely difficult for squatters to claim adverse possession of registered land.

Even if the squatter has been in possession for more than 12 years, s/he will not have an automatic right to be registered as the land's legal owner (however, there are transitional measures for squatters who occupied registered land when the Land Registration Act 2002 came into force).

It is necessary to make an application to the Land Registry for title to the land to be acquired.

A squatter on registered land will have the right to apply for registration if:

adverse possession has been enjoyed for at least 10 years

s/he is able to provide evidence of this (for example with utility bills),
and

the landlord does not object to the application for registration.

It is therefore up to the squatter to take the initiative to register the land in her/his name, if s/he wishes to acquire title to it, although s/he must bear in mind that the application will not automatically succeed (see Land Registry Practice Guide 4: Adverse possession of registered land for more).

Even after registration of title by adverse possession, where a person successfully applied to become the registered owner of land on the basis that he had acquired title through adverse possession but it subsequently transpired that he had not been in adverse possession, the registry could be corrected and put back into the condition it was prior to the application."

You laid claim to the boundary when you bought the property.

She's only had use of it for eight years.

She has no legitimate claim and can fire emails all she likes.

Where in the UK are you as Scotland's legal system will be different. The cases I've heard of were adopting previously uncared for land and both had to apply to the council to adopt the land.

I agree with pretty much all of the PPs that the edge of the roofline is your boundary, not the wall of the shed. But you might try reposting in Legal to try to coax a solicitor out of the woodwork.

She's not going to do anything legal about 20cm of land it'd cost a fortune and she's lose. I'd put all the info here into a letter and suggest she moves her plants ASAP.

In England, but good point about legal board

Assuming your diagram is accurate, it actually looks to me like the boundary was originally in line with your shed and your current fence is taking a little piece from three of your neighbours.

If she hasn't actually sent you anything from a solicitor, then she is basically trying to scare you. Don't be afraid and don't give in.

You need to put in writing your response. I would try and make is concilliatory, as she is your neighbour, but without budging an inch.
I would say:

1. the line of the edge of the roof was always your boundary, as a shed should be entirely contained within your land and not overhang someone else's land.
2. your deeds clearly state that the boundary is a straight line.
3. you have been there for one year and bought it with the boundary as a straight line, so squatters rights do not apply.

then clearly set out your timeline.
You will remove shed over the next 1/2/3 months
You understand that she has plants that she will need to move before you erect the new fence. As a good neighbour you want to give her enough time to do that, so you are giving her notice now that you will begin the new fence on XX date.
Then say, you trust she will be able to make arrangements for keeping her dog in her own garden while the fence is being replaced (this is her responsibility not yours)

Than finish with you hope that settles the matter once and for all.
Then if she persists in sending you stuff, you can resend this email/letter as many times as you like. It has all the information in it.

if she is unable to move her plants herself and needs help, you may need to be considerate to the fact that she can't get someone in during lockdown. (that would be the neighbourly thing to do)

It looks like garden 2's curly fence on the diagram lines up with the line of the shed. Is that right? Can you take a photo of the boundary on the deeds (removing any identifying info)?

@eurochick that’s a hedge and the trunks are set within the boundary as you have to plant on your side - the hedge twigs actually reaches beyond our fence line, that’s my rubbish drawing! The trunks are more inline with the shed wall though, but i would expect that.