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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:
bestbefore · 18/12/2024 05:35

I bet he wants to extend his drive up to the house and remove the grass

Isatis · 18/12/2024 05:39

Xis · 18/12/2024 03:01

*ReadingSoManyThreads · *Today 01:39

but you have to demonstrate to him that you are not using his land.

No, you don’t.

Trespassing on his land to mow grass without permission really isn't a good idea. Plus, leaving it unmown will demonstrate that OP is respecting the boundary.

Wilfrida1 · 18/12/2024 05:44

I just have to say that the 'Diagram of the Year' award goes to the OP. Bravo!

ApolloandDaphne · 18/12/2024 05:48

I agree you should stop mowing that strip so you are not seen to be 'using' his strip of land.

Tashface · 18/12/2024 06:02
  1. Stop mowing his grass
  1. His fence in his garden is his concern, not yours

Don't give it another thought, OP!

Soontobe60 · 18/12/2024 06:13

Id be very tempted to put up a new fence 1 foot inside the boundary on my land, then tell him that he must not touch the land that falls outside your fence up to the boundary - so he has the unmown grass on his side!

BananaSpanner · 18/12/2024 06:31

When our new neighbour suddenly started querying boundary lines it was because he was planning building work. We couldn’t really get what he was on about as the deeds supported the existing boundary but he was convinced there had been some boundary creep at some point prior to us moving in resulting in our garden gaining a couple of inches of his garden. His deceased mum had owned the house previously and he had memories of her garden being slightly bigger.

He didn’t get very far and decided to do his building work on the other side of the house. We didn’t have to do anything to maintain the status quo. He was quite unpleasant to deal with, achieved nothing and now there is frosty relations between neighbours. Completely pointless.

Coconutter24 · 18/12/2024 06:31

The fence isn’t on your boundary so nothing to do with you, it’s in your neighbours garden so their responsibility

marshmallowbum · 18/12/2024 06:32

Please do take photos of the drive and fence and strip of grass - in case he tries to change anything or move anything. You never know....

CellophaneFlower · 18/12/2024 06:34

bestbefore · 18/12/2024 05:35

I bet he wants to extend his drive up to the house and remove the grass

He could do this if he wanted (if allowed). Doesn't explain why he's involving the OP though.

I assume he's just worried if the fence is left there for x amount of years the land will legally become yours.

I'd put something in writing stating you're aware the strip belongs to him and HIS current fence doesn't mark the boundary. You could even include your very informative diagram!

Ask him if he's OK with you maintaining his strip or would he rather deal with it himself before/if he moves the fence.

BananaSpanner · 18/12/2024 06:34

Coconutter24 · 18/12/2024 06:31

The fence isn’t on your boundary so nothing to do with you, it’s in your neighbours garden so their responsibility

Exactly, he needs to stop thinking of the fence as the false boundary line and more of some wooden panelling put up as a dog enclosure on his land, nothing to do with you at all.

DeffoNeedANameChange · 18/12/2024 06:40

Surely you've "maintained" your bounday perfectly well by not putting anything on the actual boundary?!

He has a superfluous fence entirely within his own property, which does not mark the boundary. His problem, not yours.

Calmhappyandhealthy · 18/12/2024 06:41

BananaSpanner · 18/12/2024 06:34

Exactly, he needs to stop thinking of the fence as the false boundary line and more of some wooden panelling put up as a dog enclosure on his land, nothing to do with you at all.

This ^

Your new neighbour doesn't sound very shiny bright

Maybe explain it to him again in Janet & John terms with a bright smile, Joyce Grenfell esque 🤣

DeffoNeedANameChange · 18/12/2024 06:42

I'd be tempted to put in a tiny marking boundary (like the ones you get around flowerbeds) and say that's your boundary to maintain, which would make it even more obvious that his fence on his land is his responsibility.

JustWalkingTheDogs · 18/12/2024 06:50

It's his fence on his land. There is a boundary there but you've chosen not to erect a fence (which is fair enough), the previous owners chose to erect a fence inside the boundary, that's up to them and now the current owners can choose to take this away or leave it. But either way it's lot on you.

amylou8 · 18/12/2024 06:54

It's his fence on his land, he can do with it as he pleases. You don't dispute the boundary, there is no requirement for a fence and you have no intention of erecting one. If he wishes to erect one along the correct boundary line you have no objections as long as it does not compromise the drain. End of discussion.

Mumistiredzzzz · 18/12/2024 07:00

You're absolutely correct that you do not have to mark a boundary. If neighbour doesn't want his non-boundary marking fence he will need to move or remove it. Likewise if he wants to mark the boundary he will need to do so. Stand your ground!

BilboBlaggin · 18/12/2024 07:03

Nope. The neighbour erected something well within their property. This is not a "boundary fence" per se, because it's not on the boundary. Therefore it's his do do with as he wants and is nothing to do with you. He can't force you to erect a new fence on the boundary if you don't want one (although if this is the kind of person he is, it may be worth considering something!) If either of you wishes to proceed, a good fencer can come up with an option to install a removable panel over the drain cover to allow access.

Doris86 · 18/12/2024 07:06

You’ve answered your own question OP. There is no requirement you for to build a fence on your boundary. The previous neighbours chose to build a fence on their land. If the new owner wants a fence in a different position then it’s entirely up to them to pay for it.

They should just count themselves lucky you are giving them the 20 inches back. Adverse possession rules mean you could actually refuse and legally claim that land as your own, as you have used it for so long.

SweetBobby · 18/12/2024 07:11

The reality that you need to explain to him (in writing) is that he currently 100% owns the fence that is on his land. It is not a boundary as it's completely within his property so it has absolutely nothing at all to do with you. You are currently maintaining the boundary as required but there is no requirement for a fence, so you will not be paying to install one. Should he wish to, that's up to him and at his own expense.

Zonder · 18/12/2024 07:12

Can you afford to pay for a solicitor to write a letter explaining what you've told us about the history and reason for the fence, and stating that while you will maintain the boundary you won't be paying for a legally unnecessary fence?

CautiousLurker01 · 18/12/2024 07:13

Appreciate that you can’t install a fixed fence along the soakaway due to not being able to cement it in, etc, but you could suggest to neighbour that he may wish to try something like this along the boundary, once he’s removed the fence he doesn’t want on his property and at his own expense….

https://www.ruby-group.co.uk/products/freestanding-picket-panel?

they can be weighted down with planters and one end bracketed to his property wall, just inside the boundary but on his land?

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Handmade free standing picket fencing. Made from pressure treated timber. Perfect for temporary fencing or closing off a specific area. Order online today!

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ManhattanPopcorn · 18/12/2024 07:14

If you were to remove the fence you'd be trespassing on his land. It's not yours to remove.

Ophy83 · 18/12/2024 07:15

The boundary is your responsibility to maintain. You are doing so.

The fence is not on the boundary and is his to maintain/ remove as he wishes.

He can't demand that you install a new fence on the boundary as there is no precedent for this.

FeegleFrenzy · 18/12/2024 07:26

ReadingSoManyThreads · 18/12/2024 01:39

We do completely understand this, and people are right to advise you not to mow that 20" strip. It's not petty, it's showing that you are not claiming his land as your own. It's irrelevant that he cannot see it, he knows it's there. It's irrelevant that it'll make your lawn look shabby at the side, but you have to demonstrate to him that you are not using his land.

Lots of neighbours have front lawns that continue from one property to the next, and lots just mow their own, it's perfectly ok to not mow that 20" strip, and really you need to stop maintaining that small 20" strip.

I agree with this. You don’t even have to think of it as looking shabby, think of it as a wildflower/butterfly haven 👍😁