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Neighbour has part of my garden

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Not sure if the right forum but....

I purchased my council house 2 years ago and My neighbour has part of my front garden. The fronts are open plan so no fences in the way unless one has been put up by the owner. It is obvious what the natural boundary is as is the plan that comes from the registry.

I put a line across the area the other day just to see what it went through and its part of their lawn a flower bed etc.

the total is about 78 sqft (3 foot wide by 26 foot long)

Is there an easy way to reclaim my property? Or is it a case of solicitors?

Is there a site that does a template letter for this type of thing?
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Comments

  • PoorDave
    PoorDave Posts: 952 Forumite
    500 Posts
    First logical step would be to speak to them about it face to face. Have you done that already?

    I think this route is more likely to resolve the situation amicably
    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    talk to them - talk to them - why oh why are soooo many folks scared of talking to their neighbours

    it you dont know quite what to say - thats another matter

    i suggest you download your house plans from the landregistry website first of all £3 - and then the border hopefully, will be obvious, - then you will have something "official" to back you up.

    why has it taken you 2 years to realise he has taken part of your garden ?
  • Geenie
    Geenie Posts: 1,213 Forumite
    As already stated, try the amicable route first. But I know of someone who bought a house a few years back, and then realised that the neighbour had encroached into their garden by several feet to grow veg once they studied the deeds properly. But because these people had used that land for over 20 years or more, were entitled by some law to keep it, and the new owners couldn't claim it back. The previous very elderly owners hadn't realised what was going on. So check carefully what is yours and act sooner rather then later would be my advice.


    "Life is difficult. Life is a series of problems. What makes life difficult is that the process of confronting and solving problems is a painful one." M Scott Peck. The Road Less Travelled.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    Looks like PoorDave and others have beat me to it!
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did you not notice while you were a tenant that the boundary was wrong? You said "it's obvious". I'd have brought it up with them at least at the point when I was buying the house.
  • silvercar
    silvercar Posts: 49,598 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I have heard comments that the deeds on ex-council houses can be a bit ropey. When the properties were first built as council homes there was never an intention that they would one day be sold, so the need for accurate deeds wasn't there. As they were sold off, deeds were drawn up, in some cases they missed off details, often in regard to shared services eg water pipes, access eg back gardens of terraces, but also in regard to boundaries.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • lil_me
    lil_me Posts: 13,186 Forumite
    10,000 Posts Combo Breaker
    You need the accurate deeds first, one for a property next door to where we used to live was given initially and it was completely wrong, it left no access at all for the property we lived in, so they guessed it was incorrect and got it sorted.

    Talk to the neighbours, if they're looking after it and no fence is up, I wouldn't be bothered personally. I hate gardening.
    One day I might be more organised...........:confused:
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  • silvercar
    silvercar Posts: 49,598 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    It is obvious what the natural boundary is as is the plan that comes from the registry.

    I don't think the land registry take responsibility for the boundaries on their deeds.
    I put a line across the area the other day just to see what it went through and its part of their lawn a flower bed etc.

    Suggesting that it is not drawn in the right place on the deeds.
    the total is about 78 sqft (3 foot wide by 26 foot long)

    ..and should probably have been drawn 3 foot further over on the deeds.

    How wide is 3 foot on the deeds, the width of one thick red line?
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Loretta
    Loretta Posts: 1,101 Forumite
    A lot of older properties are not exact messurements even on the deeds. If you were already living there why wasn't this sorted out when you bought it?
    Loretta
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