Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

New neighbour wanting 2 foot of garden back

259 replies

BORN2BMILD · 18/12/2024 00:28

I have lived in my house for getting on 40 years. Our wonderful (and sadly now ex) next-door neighbours bought the house on the attached side of our semi-detached house in 2012.

There was a lot of work for them to do, including sorting out the front garden which was in a mess. We had a drive on ours, albeit not in the best of condition, so when the neighbours told us they were getting a driveway installed too (this was about 2014) we asked if we could go in with them and have ours re-done at the same time, using the same contractors.

Our neighbours also had plans to install a footpath from the proposed drive, across the section of grass that would remain, to the their front door & side access. We liked these plans, and asked for the same. Our neighbours organised everything, and we paid for all of the work that took place on our side.

The work was done, and we ended up with one continuous driveway across the two properties, and matching footpaths from the drive to our respective front doors. The dropped kerb runs all the way from my side to theirs (It's the size of 2x double dropped kerb).

Soon after, the neighbours installed a 4ft fence all around the three sides of their grassed area of the front garden, with a gate leading to their new footpath. We did not desire a fence, so did not duplicate this on our side.

However, in the middle of our two properties, up against the house and on the boundary, there is a soakaway drain with a waste pipe from the guttering that runs across the front of the roofs of both our houses. Although the drain is in the middle and on the boundary, there is more of it on our neigbours side than ours.

Because of this, when the neighbours had their fence installed, they went about 20 inches from the boundary on their side, so that all of the drain was on my side of their fence, as doing it the other way so that the drain was in their side meant having their fence over my side of the boundary. In other words, we gained about 20 inches of the grassed area of their front garden.

This was their choice, and for all the years they lived there, life was very good. Sadly, they moved about three months ago.

Today I bumped into the man who has bought the house (it's a family but we've seen very little of them). He was pleasant enough, but mentioned that he's aware that we have part of their garden and that in the new year he plans to see about taking it back. I told him we have absolutely no issue with this what so ever, and that we'd never asked for the fence to be put where it was, so if he wanted to move it, that was up to him.

But then he said it was our responsibility to get this done, at the least pay for it! He said he'd checked the deeds and that the boundary is ours to maintain (this is correct, as we went through all of this 10+ years ago when getting the driveway done) and therefore I would need to meet the cost of the fence being moved to what he calls the "correct" position.

I told him that even though we are responsible on the deeds for the boundary, there is nothing that says we have to have a fence, and nothing that says if one is fitted that I have to maintain it. I pointed out that in an estate of over 100 houses, there are only two with fences round the front gardens, and that having his fence installed was a choice that the previous owners made, not me.

It is further complicated by the fact that the drive is one continuous section, with no distinction between their and ours - ultimately, two cars can park side -by-side on each side (so effectively four cars in a row across two properties) and as our neighours had two cars (same as we do) we only ever parked on our respective sides, leaving plenty of room between our car and theirs. It's never been a problem.

My question is this - what (if anything) do I need to do now? And what action can my new neigbour take over a fence which has nothing to do with me at all?

Diagram attached - the red section is the 3-sided fence which I speak of, and the yellow rectangle between the two houses is the drain that sits mostly over their side of the boundary. The thick purple line is the boundary, and the thick orange line is the end of the drive where it meets the public footpath.

TIA.

New neighbour wanting 2 foot of garden back
OP posts:
booisbooming · 22/12/2024 10:53

Further option is you do construct a fence but it features a large mural of Anita Dobson and Leslie Grantham on their side.

BORN2BMILD · 22/12/2024 10:54

booisbooming · 22/12/2024 10:53

Further option is you do construct a fence but it features a large mural of Anita Dobson and Leslie Grantham on their side.

Yes, and while I'm at it I'll play a recording of me singing "Anyone Can Move A Fence"

OP posts:
Maboscelar · 22/12/2024 10:59

BORN2BMILD · 18/12/2024 00:57

No. he's not. He's saying the fence is further from the boundary on his side than it could actually be, and therefore we have some of his land on our side, which we "use". I put the word "use" in speech marks, as it's a section of grass approximately 20 inches wide and 10 feet long that makes our section of grass that much bigger. But as for "use" it, it's not like we've built on it!

Before the ex-neighbours installed a fence, we had one continuous lawn with nothing at all to mark the boundary. Back in the day when we were younger, we'd often mow all of the grass on both sides, to help our neighbour (who at that point was an elderly man). Then when the ex-neighbours moved in, we just mowed our own sides, and as I said, within two years they fenced off their section, making our section 10ft by 20 inches bigger. We never asked for this land, nor have we tried to claim it as ours.

I pointed out to the new neighbour that it was the location of the drain that led my ex-neighbour to have the fence installed where he did, and that if he (new neighbour) wants to move the fence and can do so in a way that means the drain is still usable, I'm all for it. I mean I really really couldn't care less.

But I'm not getting involved in it, nor am I paying for it.

Just keep repeating this to him. Or put it in writing then refer him to the letter every time he mentions it.

devilspawn · 22/12/2024 11:05

They're welcome to remove the fence and stop being petty. What exactly does he plan to do with this 2 foot of front garden space exactly? Pee on it to mark his territory?

CellophaneFlower · 22/12/2024 11:07

devilspawn · 22/12/2024 11:05

They're welcome to remove the fence and stop being petty. What exactly does he plan to do with this 2 foot of front garden space exactly? Pee on it to mark his territory?

At least it would keep the foxes at bay 😂

Northernladdette · 22/12/2024 11:12

@BORN2BMILD
What a wonderful description, was reading carefully and what was described was exactly as the diagram portrayed 🙂

BORN2BMILD · 22/12/2024 11:16

Northernladdette · 22/12/2024 11:12

@BORN2BMILD
What a wonderful description, was reading carefully and what was described was exactly as the diagram portrayed 🙂

You should see the notes I pin to the dishwasher explaining what goes where...32 years we've had one, and my husband still puts the heavily soiled pots in the top basket.

OP posts:
ErrolTheDragon · 22/12/2024 11:18

Yes, and while I'm at it I'll play a recording of me singing "Anyone Can Move A Fence"
BOOM BOOM boom-boom-boom-boom

Anyone can move a fence
That's the easy part you must keep it maintained
Anyone can move a fence
Over the years it has to keep standing
Sun and rain
Wind again
Pressure highs -and lows
We've no way of knowing.

Anyone can move a fence
That's not hard to do it isn't so clever
Anyone can move a fence
But you must make the thing last forever...
Who can say
Panels will stay?
It's up to you
Don't hide what needs showing.

Anyone can move a fence
That's the easy part you must keep it maintained
Everyone can move a fence
But you must make the thing last decades or more

How do you keep the lawn from dying?
Gets out of hand unless you keep trying

Anyone can move a fence
Life's more than that, it's pulling together
Everyone can share the lawn
Where we come from friends never say never
side by side
satisfied
To stay right here in one road forever.

Anyone can move a fence
That's not hard to do it isn't so clever
Anyone can move a fence
But you must make the thing last forever more.

Follow up with 'neighbours?'

BORN2BMILD · 22/12/2024 11:21

ErrolTheDragon · 22/12/2024 11:18

Yes, and while I'm at it I'll play a recording of me singing "Anyone Can Move A Fence"
BOOM BOOM boom-boom-boom-boom

Anyone can move a fence
That's the easy part you must keep it maintained
Anyone can move a fence
Over the years it has to keep standing
Sun and rain
Wind again
Pressure highs -and lows
We've no way of knowing.

Anyone can move a fence
That's not hard to do it isn't so clever
Anyone can move a fence
But you must make the thing last forever...
Who can say
Panels will stay?
It's up to you
Don't hide what needs showing.

Anyone can move a fence
That's the easy part you must keep it maintained
Everyone can move a fence
But you must make the thing last decades or more

How do you keep the lawn from dying?
Gets out of hand unless you keep trying

Anyone can move a fence
Life's more than that, it's pulling together
Everyone can share the lawn
Where we come from friends never say never
side by side
satisfied
To stay right here in one road forever.

Anyone can move a fence
That's not hard to do it isn't so clever
Anyone can move a fence
But you must make the thing last forever more.

Follow up with 'neighbours?'

I am literally (as in the literal sense of the word literally) crying with laughter.

OP posts:
Inertia · 22/12/2024 11:23

Excellent diagram.

I would talk to the woman, as she seems sensible. Knock on the door with a festive tin of biscuits, and mention that her husband had asked about the boundary fence. You can d plain the situation about boundaries/ shared drains, and ask whether they want you to continue to mow their strip when you do yours.

Cricketmadmum · 22/12/2024 11:27

10/10 for the diagram

Bloonket · 22/12/2024 11:50

BORN2BMILD · 18/12/2024 00:28

I have lived in my house for getting on 40 years. Our wonderful (and sadly now ex) next-door neighbours bought the house on the attached side of our semi-detached house in 2012.

There was a lot of work for them to do, including sorting out the front garden which was in a mess. We had a drive on ours, albeit not in the best of condition, so when the neighbours told us they were getting a driveway installed too (this was about 2014) we asked if we could go in with them and have ours re-done at the same time, using the same contractors.

Our neighbours also had plans to install a footpath from the proposed drive, across the section of grass that would remain, to the their front door & side access. We liked these plans, and asked for the same. Our neighbours organised everything, and we paid for all of the work that took place on our side.

The work was done, and we ended up with one continuous driveway across the two properties, and matching footpaths from the drive to our respective front doors. The dropped kerb runs all the way from my side to theirs (It's the size of 2x double dropped kerb).

Soon after, the neighbours installed a 4ft fence all around the three sides of their grassed area of the front garden, with a gate leading to their new footpath. We did not desire a fence, so did not duplicate this on our side.

However, in the middle of our two properties, up against the house and on the boundary, there is a soakaway drain with a waste pipe from the guttering that runs across the front of the roofs of both our houses. Although the drain is in the middle and on the boundary, there is more of it on our neigbours side than ours.

Because of this, when the neighbours had their fence installed, they went about 20 inches from the boundary on their side, so that all of the drain was on my side of their fence, as doing it the other way so that the drain was in their side meant having their fence over my side of the boundary. In other words, we gained about 20 inches of the grassed area of their front garden.

This was their choice, and for all the years they lived there, life was very good. Sadly, they moved about three months ago.

Today I bumped into the man who has bought the house (it's a family but we've seen very little of them). He was pleasant enough, but mentioned that he's aware that we have part of their garden and that in the new year he plans to see about taking it back. I told him we have absolutely no issue with this what so ever, and that we'd never asked for the fence to be put where it was, so if he wanted to move it, that was up to him.

But then he said it was our responsibility to get this done, at the least pay for it! He said he'd checked the deeds and that the boundary is ours to maintain (this is correct, as we went through all of this 10+ years ago when getting the driveway done) and therefore I would need to meet the cost of the fence being moved to what he calls the "correct" position.

I told him that even though we are responsible on the deeds for the boundary, there is nothing that says we have to have a fence, and nothing that says if one is fitted that I have to maintain it. I pointed out that in an estate of over 100 houses, there are only two with fences round the front gardens, and that having his fence installed was a choice that the previous owners made, not me.

It is further complicated by the fact that the drive is one continuous section, with no distinction between their and ours - ultimately, two cars can park side -by-side on each side (so effectively four cars in a row across two properties) and as our neighours had two cars (same as we do) we only ever parked on our respective sides, leaving plenty of room between our car and theirs. It's never been a problem.

My question is this - what (if anything) do I need to do now? And what action can my new neigbour take over a fence which has nothing to do with me at all?

Diagram attached - the red section is the 3-sided fence which I speak of, and the yellow rectangle between the two houses is the drain that sits mostly over their side of the boundary. The thick purple line is the boundary, and the thick orange line is the end of the drive where it meets the public footpath.

TIA.

100% their fence, their land, their issue.

My suggestion, make a gmail account for your address “123Maple@g*mail.com” super easy so you don’t have to spell it out.

Next time they approach “gee Mr C, I’m just running to an appointment, phone call, etc and can Not talk - my email is ABC, please send me an email with your concerns and I will forward it on my my advisor. Buh bye”

All this better done in writing. The unavoidable problem is the drain, and putting a fence in a drain …. Hopefully he figures it out.

Pashazade · 22/12/2024 12:12

OP, I've just caught up and must give you a gold star for the superb extended diagram! Oh and points to the PP for the Eastenders song tribute. Not where I expected this thread to go! 🤣🤣

Mumof2heroes · 22/12/2024 12:27

OP please can you be my neighbour? You sound fun.

Swiftie1878 · 22/12/2024 13:17

Just tell him you do look after the boundary. It’s grassed, and that’s how you want to keep it.
The fence is within his curtilage and is therefore his problem.

BlueMoanday · 22/12/2024 13:39

BORN2BMILD · 20/12/2024 22:35

@Choccyp1g I was thinking about this today. I looked at the driveway, and lo-behold, despite saying the drive was one "continuous" installation across the front of both houses, I see now it isn't.

The drive (and footpaths) are constructed of weed-free printed concrete, which gives a stunning, immaculate finish when viewed from the street, and provides an absolutely heart-stopping experience when walked on when wet, for those who are into such excitement (sadly I'm not, as the thought of slipping & breaking a hip is not on my bucket list). Anyway, said concrete requires an expansion gap at regular intervals, which is then filled with something that is colour-matched to the concrete, which is why I've never noticed before.

To this end, the is an expansion gap in the drive, right on the boundary line, so in effect there's two sections of printed concrete, one in front of each house, defining each side of the drive.

My diagrams have attracted much praise, and my love for Microsoft Paint remains as strong as ever, so I've updated my diagram (below) to explain more fully the point about the expansion gap, as well as factoring a few other details which have cropped up in the course of this thread.

Edited

This is so funny! Thank you @BORN2BMILD for brightening up my Sunday

Borntoclean · 22/12/2024 14:09

BlueMoanday · 22/12/2024 13:39

This is so funny! Thank you @BORN2BMILD for brightening up my Sunday

I have howled like a wolf in places, reading this thread. I'll be sad if it all gets resolved.

UnicornBubble · 22/12/2024 18:24

Might be an idea to get some legal advice, but I agree with another commenter,
the fence isn’t a boundary fence, it’s completely on their property, and built for “enclosure” purposes. If it is your responsibility to maintain the boundary then that would include the grass and drainage that is on the boundary, not his fence.

Again, check with a solicitor but if he decides to move the fence, he cannot put it onto your property, but he also needs to address the drain and its purpose - which is your responsibility apparently so he may not be able to touch it - but defo keep an eye incase he botches something, to ensure he is liable.

BORN2BMILD · 22/12/2024 19:48

Well...as someone said further up the thread, this we didn't expect this to go the way it has. I'm surprised there's been no demands that I simply move house to escape the neighbour, or to LTB when it comes to my husband's abilities to stretch a joke way past my breaking point. I'm almost disappointed.

I must say though, that until @UnicornBubble mentioned it, I hadn't stopped to think that the underground pipe from the drain to the soakaway was my responsibility, and no, I wouldn't want a fence post or two jammed down into it. Nor would I like the cost of moving said drain pipe to accommodate the fence being relocated. All joking aside, I hope that's a conversation I never have to have.

OP posts:
Miaminmoo · 22/12/2024 22:37

If it’s been fenced off on your side for more than 10 years you can apply for Possessory Title and if you are not bothered about him having the land back then it’s his responsibility to sort it as you don’t actually have to let him have it after so long.

PrincessofWells · 22/12/2024 22:59

Miaminmoo · 22/12/2024 22:37

If it’s been fenced off on your side for more than 10 years you can apply for Possessory Title and if you are not bothered about him having the land back then it’s his responsibility to sort it as you don’t actually have to let him have it after so long.

This is incorrect. You can never claim adverse possession if permission has been given as in this case.

SweetnsourNZ · 23/12/2024 07:34

I would also check that you are actually allowed a front fence. I know when I lived on a new estate in the UK many years ago we weren't allowed front fences. This could be why only 2 other people have them.

BlueMoanday · 23/12/2024 09:54

BORN2BMILD · 22/12/2024 19:48

Well...as someone said further up the thread, this we didn't expect this to go the way it has. I'm surprised there's been no demands that I simply move house to escape the neighbour, or to LTB when it comes to my husband's abilities to stretch a joke way past my breaking point. I'm almost disappointed.

I must say though, that until @UnicornBubble mentioned it, I hadn't stopped to think that the underground pipe from the drain to the soakaway was my responsibility, and no, I wouldn't want a fence post or two jammed down into it. Nor would I like the cost of moving said drain pipe to accommodate the fence being relocated. All joking aside, I hope that's a conversation I never have to have.

@BORN2BMILD Glad one half of the neighbour couple sounds lovely.

For future ref: Might it be worth getting in writing to the neighbour about the soakaway at the boundary? If he comes back again about the fence or it is mentioned AT ALL - send a letter to him stating that the boundary comprises of a soakaway and structures should not be built that damage it in any way. If anything IS built on it then the responsibility to maintain the soakaway will become their issue and they will have to rectify any damage caused (and any flooding caused to your property if it floods and causes damage).

BORN2BMILD · 23/12/2024 10:09

SweetnsourNZ · 23/12/2024 07:34

I would also check that you are actually allowed a front fence. I know when I lived on a new estate in the UK many years ago we weren't allowed front fences. This could be why only 2 other people have them.

The deeds were checked thoroughly when the driveway was installed - there are no covenants regarding fences. Most houses have something between them, be it a dwarf wall or a row of bushes etc, even a single fence (maybe I should have mentioned that) but only two houses have all three sides of a lawn fenced off. There's one as we enter the estate, and ours tucked away. I suspect my neighbour got the idea to fence off the garden after seeing the other house.

OP posts:
Mreenpyke · 13/05/2025 01:55

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.