Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

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:
FlickeringFairyLight · 18/12/2024 22:55

This reply has been deleted

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

TizerorFizz · 19/12/2024 08:17

@FlickeringFairyLight Why would she want to annoy the neighbour? There’s a clear legal position regarding the fence and the boundary. Why add in further animosity?

heldinadream · 19/12/2024 08:19

TizerorFizz · 19/12/2024 08:17

@FlickeringFairyLight Why would she want to annoy the neighbour? There’s a clear legal position regarding the fence and the boundary. Why add in further animosity?

Because he's a prize-winning idiot and it must be very tempting to obliquely draw attention to how bonkers his behaviour is? 😂

PrincessofWells · 19/12/2024 08:33

Weefreetiffany · 18/12/2024 20:29

You know technically its yours by way of adverse posession

No it isn't, in order to have adverse possession it needs to be without permission, and clearly the old neighbour and Op agreed on the position of the fence. I would be most surprised if an adverse possession could be implied here.

TizerorFizz · 19/12/2024 12:33

@heldinadream The neighbour is incorrect but the OP should resist having a dispute or falling out. Why provoke the situation further? It’s not at all tempting to escalate anything by stupidity. The boundary has not changed. The fence is not hers. The fence is not on her land. So none of the queries raised by the neighbour are valid. It’s easy to confirm the boundary is where it’s positioned on the deeds. There is no possession that’s changed. It’s his fence on his land. I can see he might not understand the situation but the OP should sit still and not provoke anything by stupid actions.

heldinadream · 19/12/2024 13:11

TizerorFizz · 19/12/2024 12:33

@heldinadream The neighbour is incorrect but the OP should resist having a dispute or falling out. Why provoke the situation further? It’s not at all tempting to escalate anything by stupidity. The boundary has not changed. The fence is not hers. The fence is not on her land. So none of the queries raised by the neighbour are valid. It’s easy to confirm the boundary is where it’s positioned on the deeds. There is no possession that’s changed. It’s his fence on his land. I can see he might not understand the situation but the OP should sit still and not provoke anything by stupid actions.

Oh I completely agree with you. I speak merely of temptation, not of actual action. OP should be wise and unprovoked. But the temptation to take the piss out of someone outrageous enough to think - and suggest! - that she's financially responsible for a fence on his own land would be, let us say, large. 🙄

CellophaneFlower · 19/12/2024 13:28

I assume he's got spooked by OP maintaining the land by mowing it. That's why I suggested she placate him by putting it in writing that she's aware of the correct boundary. The fence thing... I reckon he's got confused with her responsibility of the boundary and assumes it means there has to be something in place and therefore it's on her to sort it.

She could of course, as others have suggested, leave his strip... but it would look a bit of an eyesore if there's no physical division.

DemonicCaveMaggot · 19/12/2024 13:34

The fence is on his land and he's already admitted it isn't a boundary marker so therefore it is not your responsibility - you are responsible for the boundary, not some fence someone chose to put up in their garden. His argument renders his point moot.

ErrolTheDragon · 19/12/2024 14:46

Escaperoom · 18/12/2024 22:02

If you don't want/can't erect a fence on the boundary due to the drain, what about a hedge instead? You could plant a row of suitable shrubs just inside your side of the boundary with a slight gap to accommodate the drain. Then you have marked the boundary and he can do whatever he likes about his fence.

Roots of a hedge growing down into the drain might be no good for either hedge or drain.
I'd consider a neat row of planters on top on my side of the boundary perhaps.

BrieAndChilli · 19/12/2024 15:02

get some of that grass spray that they use for footbal pitches and spray the boundary line. You have marked the boundary, nothing else he can say. The fence is clearly on his side and you do not have a fence. if he wants to move it then that is on him to do

caringcarer · 19/12/2024 16:32

BibbityBobbityToo · 18/12/2024 00:35

The fence is well within their boundary and was build by the previous owner so nothing to do with you.

Suggest they remove the fence as it belongs to them but you have no desire to put your own fence up as you didn't want one in the first place.

This. Sounds like he's just trying it on. It's not as if you're refusing him the extra foot of land.

Pippyls67 · 19/12/2024 18:08

Tell him that you are responsible for maintaining the boundary. This fence is not in actual fact the boundary. You have no responsibility for it now nor in the past. It is a garden feature erected for and by the previous owner. It is on his land, not the boundary therefore cannot be construed as anything like a ‘boundary’ fence. Personally I would avoid taking advice from a solicitor. It is unnecessary and will be a pointless expense on your part. If he will not stop asking tell him to contact you through his own solicitor. His solicitor will immediately see the folly of this and put him straight - at his expense and not yours.

Isinglass20 · 19/12/2024 18:10

Are there covenants in the title deeds stating that there must be no fence at the front and between the two properties because the soak away must be maintained to protect the foundations?

BeeCucumber · 19/12/2024 18:29

The amendments to the diagram make perfect sense. He has bought a house with a fence wholly on his land. He can remove it or keep it. This has nothing to do with the OP.

Nothatgingerpirate · 19/12/2024 18:33

If you have been there for 40 years and "maintained" the two foot of garden, they don't have a case.
Really that simple.
Our new neighbour tried something similar, employed a "posh" surveyor etc, but since my husband has lived here and owned the garden for 45 years, they had to give up.
Also proposed to build a foot path.
What a way to introduce themselves, my husband called it an invasion. 🤬

FamBae · 19/12/2024 18:49

Whilst I do understand that you don't want to stop mowing because you will then have the unkempt grass to look at, pp's do make a good point that you should stop tending it; as previously suggested you could try placing planters along the border with tall plants, then you wont have to look at the unmown grass.

FamBae · 19/12/2024 18:51

Nothatgingerpirate · 19/12/2024 18:33

If you have been there for 40 years and "maintained" the two foot of garden, they don't have a case.
Really that simple.
Our new neighbour tried something similar, employed a "posh" surveyor etc, but since my husband has lived here and owned the garden for 45 years, they had to give up.
Also proposed to build a foot path.
What a way to introduce themselves, my husband called it an invasion. 🤬

It's only been 10 years that she has been tending the strip of land.

Scentedjasmin · 19/12/2024 19:26

It's not a boundary fence though because it's not on your boundary! You're no more responsible for it than if he put a load of trellis in the centre of his lawn. As it doesn't mark your boundary and is on his land he can do what he wants with it, tell him.
He's not got a leg to stand on. Tell him that if he's concerned he's welcome to seek legal advice, although it would probably be cheaper for him to just take down or move the fence himself.

Laura95167 · 19/12/2024 19:49

This isn't a boundary fence, none of it is on your lad. The old owner built a fence on part of their land, as they're entitled to.

The new owners are welcome to remove it and if they want a new one, around their whole piece of land they can buy one.

Sharkygirl · 19/12/2024 21:11

You are correct the boundary responsibilities do not relate to this fence as you dud not install it or pay for it so the fence maintenance is separate from boundary maintenance and us the responsibility of the previous owners who sold the fence and the responsibility for maintaining that fence to the new owner. He's trying his luck, do not accept any responsibility or agree to any shared costs. Politely advise that the fence is not the boundary yiu are responsible for and that if he wishes to move his fence to the boundary line he can. The fence is his fence on his land entirely touching it in any way could incur penalties through civil Court so don't touch it. You still mnaintain the boundary which is a line in the grass, not his fence on his land. Previous owners can build a fence anywhere on their land which is what they chose to do. Don't fall for any threats, he doesn't know the law. If you want confirmation call the citizens advice. This is a civil case not criminal so if he wants to spend money on a solicitor they are likely to tell him he's no chance, if they try it you could also counter sue and get awarded costs as he has no standing and his sueveyancing solicitor will likely have already told him it's his responsibility. Stand firm your in the right.

Pixiedust88 · 19/12/2024 21:21

If his solicitors didn’t point it out to him that’s on them. If you’ve maintained the bit that’s on your side despite being their land and if you want to keep it, you might be able to claim adverse possession if it was done over 10 years ago. For the sake of 20 inches of land though it’s not really worth the argument and if he wants to take the fence down that’s up to him and if he wants it put back in the right place that’s up to him

BORN2BMILD · 19/12/2024 21:41

Thank you all so much for your replies - even the ones that accused me of calling this bloody strip of grass mine!

I haven't seen my neighbour since, at least not face to face, but that's not unusual. I was ironing in the front bedroom this afternoon. I saw him pull up on the drive - it was still light. He won't have seen me as I have nets to the windows. Anyway, I carried on ironing, but noticed him standing there when he got out of the car, looking at his (bold italics for clarity) 20 inch by 10 foot strip of grass that lies on the side of his fence that I am not allowed to called "my side", and is attached to my lawn as it crossed the boundary.

He didn't look at it for long before going inside (I ironed three shirts and a tea-towel for comparison, time-wise). I think me doing nothing is totally the right way forward. I will not hunt them down for social interaction, but I won't ignore them if I see them. I also won't be bringing the subject up either.

I won't be stressing about sending them a Christmas card, despite the circumstances, as that ship has already sailed days ago, before he and I spoke. I'll be interested to see if they send us one in return 😄

OP posts:
Thunderpunt · 19/12/2024 21:52

Sorry but WTF!!!
Are you bonkers?
Ironing a teatowel??
Mad woman!

Sharkygirl · 19/12/2024 21:53

Spot on 😊

TizerorFizz · 19/12/2024 21:56

@BORN2BMILD Sensible approach. We’ve had neighbours make spurious assertions about planning applications we have made and it just feels nasty and vindictive. No Christmas cards from us. Keep
your own counsel.