Neighbor trying it on :(

silverlight_2 · 16 March 2010 at 2:49PM

hello, about 8 years ago my neighbour told me she was having a drive way built and that she owned the bottom part of my garden. I spoke to a solicitor and he advised me that she has to prove that she owns that part of the garden, she had to have a surveyor draw up detailed plans and also write a statement as to why he/she (the surveyor) thought that my neighbour owned the land. It would go to court and would cost thousands in legal fees.
also if the fence has been there for either 7 or 10 years (can't remember which!) it sort of becomes yours anyway, if it wasn't yours to start with!! The land registry plans are an estimate, if you give them a ring they will explain this to you. They are not exact plans, they are just a rough guide. If you give the land registry a call they will explain this to you.

Also, do you have legal expense insurance as part of your building/contents insurance? If you do, they will most likely deal with this and you won't incur any legal fees. Also it's not considered to be a claim so your premiums won't increase.

My neighbour backed down after we got legal advice, I think she was just trying it on. We did need to get her to sign a statement tho to say that the dispute was settled, as we had to declare the dispute when we sold the house. If a dispute has been settled I can't see it putting people off so long as your honest and explain what happened. Other then the dispute, she was a lovely neighbour! hahaha.

Oh, one thing the solicitor did advise tho was that if it wasn't going to cost much and if we didn't need the garden then just give her the land. I know it's annoying but if it gets rid of the problem. Tho in your case it sounds like it's going to be costly for you to do this.

Hope everything works out ok. Try not to get stressed!! (I got VERY stessed at the time!!)

AstraTurbo · 16 March 2010 at 9:48PM

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hethmar · 17 March 2010 at 11:43AM

Well, if you can bear the aggro, tell him to go ahead and prove the boundary. It would cost him thousands and any solicitor he contacts will tell him that.

puddy · 17 March 2010 at 12:29PM

i dont know how anyone would prove things like this to be honest, our land registry deeds just have a black and white drawing of all the houses on the street, quite small with red lines around this one. no measurements, no explanation of what side our boundary is the size of our house on the documetns are about a thumbnail size,

Grandmama · 17 March 2010 at 1:33PM

If this chap says it is your fence regardless if it on his or your property you can remove it totally and not replace it. You have no obligation to fence your garden! He will then have to pay to have his own fence put up but may pinch a bit of your land but the thought that he will have to pay feels good!(unless of course you have a wandering dog.)