Neighbour disputing boundary - 2 reports say it is correct

[AnotherFuzzyJumper]

Can anyone shed some light on what the best course of action is here?

In 2022 our neighbour approached us to tell us they think the fence is placed incorrectly and should be 50cm over to our side. This is following a huge side extension they did. We told them we would not move it without proof and they needed to follow correct procedures of getting a boundary survey done. Their boundary report came back confirming the boundary and fence are correctly placed. They are still disputing this (their own report!). After 2 years we have done our own survey (to protect ourselves) and this report also confirms that the fence is correctly placed and categorically states that neighbour has no claim on our land.

What is the next step to settle the matter now, if we now tell neighbour report #2 says fences are correct and they still dispute (as they did with their own report).

Surely they cannot keep disputing it indefinitely in the absence of "proof" on their part? I am thinking ahead to should we sell, how can we protect ourselves and make sure we've done everything correctly? We would of course disclose the dispute and provide copies of both report. Will this be enough?

Is there a legal way to basically tell them f- off that closes the dispute?

I would put it in writing and then ignore them

They can’t get anywhere with this. I agree with pp. Tell them (politely) to take you to court or shut up.

Yes I’d just tell them you will not discussing the matter any further with them, unless they take you to court (which they’ll never do as the two surveys show it is an open and shut case.)

lf they keep going on about it, I’d either report them to the police for harassment or get a solicitor to send them a letter to tell them to stop harassing you.

Letter back:

"We really don't understand why you're still pursuing this. The report that you had written, as well as one we also commissioned, show that the fence is correctly placed on the boundary.

We will not be discussing this with you any further and any further correspondence you send will be forwarded to our solicitors for them to consider a harassment claim."

In terms of a potential future sale, as you say you'll have to disclose it, but I think keeping all the correspondence, including their own report that says it's fine, should be fine.

That said, if I was buying a property where I knew the neighbours were a bit bonkers about a perfectly legal boundary I would be hesitant in buying unless it was my dream house. The new owner will certainly become a target for the same tactics if they think they might have a chance with fresh blood.

I'd just ignore them completely.

If they ask you face to face just say 'as far as I am concerned this matter is closed and I have nothing to add' and just repeat that.

Let them take you to court or whatever else - it very much sounds like they'd be wasting their money.

I’d just ask them if they were okay every time they mentioned it.

They sound mildly unhinged.

Keep the report handy (frame it?) and whip it out as soon as they start bleating.

Its very simple.

You rely on the two reports, and the fact the boundary has been in situ without issue for xx years (you can rely on historical conveyancing too).

If they wish to escalate via court action, tell them in writing you feel this would be unnecessary and a waste of court time, but you vigorously defend any action including seeking coverage of your costs. Tell them you will advise details of your solicitors if they insist on going further.

Keep notes of everything.

They are probably thinking that if they keep pushing you will eventually give in. Which you obviously arent going to do. I would go through the reports with them and point out that both reports confirm where the boundary is.

Would 50cm make a big difference ? I’d be tempted to state no further negotiation as two reports have confirmed boundary is correctly placed but you would be prepared to sell them 50cm for a chunk of cash

Are they harassing you over this? Is it causing an issue in that they keep bringing it up, or are being hostile about it?
If they are, then send them a cease and desist letter (tracked delivery) stating that they are to stop all communication and harassment regarding the boundary as two separate report is from two reputable agencies have confirmed the position is correct.

What I'm wondering is, where did they even get the notion from?

Have the neighbours ever said why they thought the fence was placed incorrectly? (Before a boundary report was even instructed).

Thanks everyone.
I think a strongly worded letter will be the way forward.

To the poster above - 50cm isn't huge but one part runs down the side of our house (our side access) so this would make it very narrow and almost not accessible so I wouldn't even consider selling tbh.

Yes it does feel like harassment. There is backstory which is too long to get into but we wouldn't bend to their demands / requests over their extension and then they started on the boundary.

Dear Neighbour

Please find enclosed a copy of the boundary survey commissioned by ourselves on XYZ date/ Please note that this survey is an agreement with the finding of your own survey obtained on XYZ date that the current boundary is correct.

We now regard this matter as closed.

Kinds regards
You

You could offer to sell them the 50cm for £500k since they clearly want it badly enough to have ignored 2 professional reports?

They built a huge side extension and then decided they need side access which they didn't plan for, I think.

And no, no mention of the boundary before their building work started.

Could you also go on the planning portal for your area and download the “plans” that they submitted as part of their planning application…..(giving you extra evidence to keep in reserve?)

Also, English Heritage NMRC - might have very historical aerial photos …..(extra evidence for you)

Make sure that the land registry for the property is correct
HM Land Registry - GOV.UK

Contact the Land Registry (gov.uk) for advice. The boundary can be agreed officially.
Otherwise ignore the neighbours' claims. They ABVU.

Hi,

just wondering how you got on and whether you managed to resolve / progress the situation?

watching with interest.

Unfortunately there’s been no progression, still ongoing. It’s a very frustrating situation especially as we feel we’ve done everything ‘right’.

Do you have house insurance that covers legal in case this gets messy?

I'd consider it well worth a solicitors letter to firmly state the boundary is as agreed by both reports and the land registry, therefore the matter is closed and that they should stop pursuing this. Effectively a cease and desist letter.

How close is their house to the boundary now? And how close is your house on the other side?
Previous owners of our house built a side extension which brought it within a metre of the fence (90-95cm!). This only became an issue when we had an extra window put in upstairs and building regs wouldn't sign it off because there was too much glass in the end wall, within a metre of a boundary. We were told we had to either brick up windows or put very expensive fire rated sealed unit windows in, neither of which were options for kitchen or bathroom obviously.

Luckily our neighbours agreed to us moving the fence over far enough to get to 1 metre to get building regs signed off. We made it a bit higher which they wanted. And it was such a small move that it is within tolerance of where a boundary would be.

Not saying you should agree to move the fence, but curious if they might have similarly cocked up their proximity. In our case, all it would have needed was the previous extension to be one brick less, and looking at the house, it was probably meant to be!