Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

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:
PrincessOfPreschool · 20/12/2024 13:40

When it comes time to cut the grass, I would politely ask neighbour if he'd like you to mow his section outside the fence, or if he'd prefer to do it himself.

That way you've ensured he knows A) that YOU know where the boundary is, B) that you are a lovely, kind neighbour who just wants to help him out by mowing, and C) that you would really prefer it mown so it's not a wild patch of grass.

Whataretalkingabout · 20/12/2024 13:44

Tell him you will no longer mow his bit of lawn unless he pays you for it and send him an estimate.

I am flabbergasted by the number of comments on this thread !

SoupDragon · 20/12/2024 13:48

I'd just tell them that they are welcome to move their fence to the edge of their property provided they ensure it doesn't encroach on your own. Then I'd repeat this if there are any further attempts from them to try and get you to pay.

It isn't your fence and you're right that you don't need to have one on "your" boundary at all.

ErrolTheDragon · 20/12/2024 13:53

Is anyone else hoping the has a partner who is on MN and is telling him to stop being an eejit and let the OP know they understand now it's their fence and thank her for kindly maintaining their strip of lawn?

Choccyp1g · 20/12/2024 14:13

I wonder if his concern is more to do with having the correct boundary continuing along the driveway?

Depending how wide the drive is, there would be a tendency to treat it as if the fence continued across the parking space, so that OP could park two cars, while he only has one.

Borntoclean · 20/12/2024 14:31

Choccyp1g · 20/12/2024 14:13

I wonder if his concern is more to do with having the correct boundary continuing along the driveway?

Depending how wide the drive is, there would be a tendency to treat it as if the fence continued across the parking space, so that OP could park two cars, while he only has one.

OP mentions there's plenty of room for two cars each side.

LivelyMintViper · 20/12/2024 14:31

I have no legal training so I may well be wrong but I vaguely remember reading somewhere that if you land grabbed unchallenged for 20 years you obtained swatters rights... Perhaps it's now yours !!!

SoupDragon · 20/12/2024 14:34

LivelyMintViper · 20/12/2024 14:31

I have no legal training so I may well be wrong but I vaguely remember reading somewhere that if you land grabbed unchallenged for 20 years you obtained swatters rights... Perhaps it's now yours !!!

well, for a start it hasn't been 20 years...

Choccyp1g · 20/12/2024 14:42

Borntoclean · 20/12/2024 14:31

OP mentions there's plenty of room for two cars each side.

Maybe New Neighbour wants three spaces.

CellophaneFlower · 20/12/2024 14:53

It's doubtful an extra 20 inches will allow them an extra space. I'm sure OP wouldn't currently park on his land as it is anyway.

SirChenjins · 20/12/2024 15:01

LivelyMintViper · 20/12/2024 14:31

I have no legal training so I may well be wrong but I vaguely remember reading somewhere that if you land grabbed unchallenged for 20 years you obtained swatters rights... Perhaps it's now yours !!!

Sadly not...we've just come up against this and our lawyer has confirmed that the bit of land that is the continuation of our garden and that we've been maintaining actually belongs to next door. We've lived in our house for 24 years and had no knowledge of this until they had builders in who were running their machinery over this bit of ground and our garden - we had to look into whether they were trespassing and that's when we discovered that a part of 'our' garden was actually theirs.

ErrolTheDragon · 20/12/2024 15:01

Choccyp1g · 20/12/2024 14:13

I wonder if his concern is more to do with having the correct boundary continuing along the driveway?

Depending how wide the drive is, there would be a tendency to treat it as if the fence continued across the parking space, so that OP could park two cars, while he only has one.

Apart from the op saying there was room for 2 each side, any concerns about sharing the driveway could presumably be easily solved with a painted line.

Borntoclean · 20/12/2024 15:08

Choccyp1g · 20/12/2024 14:42

Maybe New Neighbour wants three spaces.

In that case maybe he bought the wrong house!

GasPanic · 20/12/2024 15:13

I think the worst possibility is that he doesn't understand the significance of the drain, and then just piles in there putting a new fence in, destroying the drain in the process. I think I would want to make him aware of the presence of the drain in a chat, because he may well not understand why the fence is positioned the way it is.

I suppose in other circumstances I might be worried about boundary creep if he tried to modify the position of the fence, but in these kind of situations it is normally fairly clear where the boundary is (at the party wall).

Oldjustold · 20/12/2024 15:18

I'm just waiting for someone to ask why you thought it was ok to erect a rotary washing line on his side of the fence 🍿

PyongyangKipperbang · 20/12/2024 15:43

So his fence, on his land and he wants you to pay to move it?

thats like him insisting that you pay to move his sofa from one side of his lounge to the other! What a chancer!

Borntoclean · 20/12/2024 18:18

Oldjustold · 20/12/2024 15:18

I'm just waiting for someone to ask why you thought it was ok to erect a rotary washing line on his side of the fence 🍿

I did laugh at this.

BORN2BMILD · 20/12/2024 20:43

And so, it came to pass, that my front doorbell did ring this fine evening. Standing there on the doorstep was the lady from next-door, a seasonal houseplant in one hand and a Christmas card in the other.

I invited her in and we went through to the kitchen. She complimented me most spectacularly on the appearance of the pile of neatly ironed tea towels (she didn't really, but there's no way I'm letting @Thunderpunt get away with making that comment 😂). I thanked her for the gift and the card, and there was little mention of her husband and absolutely no mention of anything to do with fences.

I'm 50/50 in thinking there's more to come. I got the impression he has form for this sort of thing, reading between the lines of something else she said in passing. She seems to be on the ball though, so fingers crossed.

OP posts:
Zonder · 20/12/2024 20:45

Well that's a turn up for the books!

TizerorFizz · 20/12/2024 21:17

Maybe his wife has put him right!

heldinadream · 20/12/2024 21:37

@BORN2BMILD well I congratulate you on a spectacular and suitably dramatically conveyed update! Gripped, I am, gripped I tell'ee. 😂

BORN2BMILD · 20/12/2024 21:42

heldinadream · 20/12/2024 21:37

@BORN2BMILD well I congratulate you on a spectacular and suitably dramatically conveyed update! Gripped, I am, gripped I tell'ee. 😂

When you have time to iron tea towels like I do, you have time to choose your words. If you'd asked me 40 years ago what I saw myself doing in retirement, it wouldn't have been this. Then again, the idea of an internet was the stuff of sci-fi.

OP posts:
BORN2BMILD · 20/12/2024 21:45

Whataretalkingabout · 20/12/2024 13:44

Tell him you will no longer mow his bit of lawn unless he pays you for it and send him an estimate.

I am flabbergasted by the number of comments on this thread !

I am flabbergasted by the number of comments on this thread !

Why, pray tell?

OP posts:
AppleTreeSeed · 20/12/2024 22:03

I love you diagrams OP. I completely understand all of your posts and they make perfect sense to me.

I think your neighbour probably assumed that you had taken that grass on purpose, and came over expecting conflict. It's probably confused the dickens out of him that he got none.

I think he'll probably calm down soon once he relaxes and realises that you are nice, and then he can just sort his own fence.

Good idea to send a Christmas card.

BORN2BMILD · 20/12/2024 22:35

ErrolTheDragon · 20/12/2024 15:01

Apart from the op saying there was room for 2 each side, any concerns about sharing the driveway could presumably be easily solved with a painted line.

@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.

New neighbour wanting 2 foot of garden back
OP posts:
Swipe left for the next trending thread