Finding out neighbours boundaries etc

Norman_Castle

From the drawing it appears the land belongs to them.Have you tried talking to them and explaining that they are damaging your fence?.

dander

If it's the unofficial rubbish dump you're more concerned about that who actually owns the land, I would talk to environmental health about the safety issues of having the heap of rubbish there.

KellyGT

Norman, I do plan on talking to them first i havent yet, its just i cannot see how they would be willing to clear it up when they seem happy to let it be (and lose an area of their own garden) I mean really it will be both houses land 50/50 down the middle so in theory they would both have to get it sorted. I think im going to end up being a wuss and asking my father in law to talk to them (politey)
Dander when i say rubbish its like planks of wood and old cut down branches and leafs etc tbh the stuff thats growing there is my main concern as its very unruley and i can see it being a problem to shift.

Fingers crossed they are polite human beings who will feel slightly remorseful and that they will get it sorted!

paddy's_mum

Is the "rubbish" that you complain of such things as lawn mowings, shrub prunings etc or more dangerous or unpleasant stuff like broken asbestos and dog mess picked up off their lawn? What are the "lethal" weeds you refer to - nightshade, laburnum, aconite?

If it is simply garden trimmings, both neighbours may have fenced the corner deliberately so that they can jettison stuff without making regular trips to the local tip and also so that they don't have to look at the resulting heap.

Even if they do own the land, in the absence of real hazards to health, there is no Compulsory Digging Act that I'm aware of that you can quote to make them tidy up the corner of what appears to be their own land.

However, they don't have the right to cause damage to your fence and in your shoes, I'd be doing one of two things. I'd either be asking them politely to make sure that their 'arisings' don't lean on and cause damage to your fence or I'd keep quiet and just reinforce it myself. A couple of sturdy planks and the job's done without upset, stress or bad feeling.

What I cannot tell you forcefully enough is that it is almost never worth falling out with a neighbour over a minor problem that with a bit of common-sense could be nipped in the bud and no harm done. Unless you want to live in a war zone or have extremely deep pockets (try approximately £25k for just one side's legal fees to sort out a relatively straightforward boundary issue!) you'll swallow your annoyance and deal with it in a practical way. I entirely understand your feelings of frustration but talking politely to the offending neighbours is likely to get you much further than going round waving Land Registry documents. Good luck and I hope that a cordial chat sorts it all out for everyone involved.

KellyGT

Thanks Paddys mum! ALtho it was never my intention to go round waving the documents i just wanted to know for my own peace of mind especially if it is around the 6quid mark to find out. Its just if they say its not ours we dont own it i would like to politely be able to say well actually you do.
The "rubbish" is more garden related there's lots of dead branches which are leaning over into my garden and tall planks of wood but thats all i can make out. I have no idea what it is thats growing there i'm not up on my garden knowledge i just knows its very thick to cut and covered in thorns and its constantly growing into my garden where my children play. You think i'm withing my rights to kill the weeds with something?

At the end of the day my aim is i just want the fence panel replaced (im the middle of doing my garden up nice in time for summer for the kids) but like i said im going to have the problem of stuff falling into my garden the second i remove the panel. If i have to get concrete panels than i will and just throw their rubbish back over to where it came from?

paddy's_mum

The Land Registry documents are obtainable direct from the office that deals with registrations in your area. A quick google should give you the right office. However, they are in any case plus or minus one metre of accuracy and may not prove what you want them to. A good on-the-spot indication is usually if all the other garden fences or hedges are in a straight line and only this little bit deviates. The fact that concrete posts have been used in the recent past suggests that the neighbours in question wanted a neatly screened dumping corner.

They may not realise that their garden waste is causing you a problem which is why I suggested that you have a polite chat with them. Of course, they may have fenced it off in the first place because they couldn't face dealing with a thorny, overgrown patch so they may be unwilling to deal with it once you do tell them. However they wish to use their dumping corner, they do not have the right to damage your fence nor to have their prunings hanging over into your garden. Perhaps your wisest approach therefore is to ask them what they suggest can be done to remedy the encroachment. With a bit of luck they'll say 'oops never realised and will tackle it this weekend so sorry' and the problem is sorted.

If they are unwilling or unable to deal with it, you do have the right in law to cut off any plant material that is overhanging the boundary. It is good manners to offer the prunings back (to take them without consent comes under the theft laws, would you believe) but if declined, you must dispose of them yourself. You do not have the right to just chuck the prunings back onto their land however illogical that little bit of legalese may sound.

Equally, without their proper consent you have no right whatever to spray weedkiller on the problem area and if you think about it, it stands to reason really. You'd be furious if someone disliked your prize prickly cactus and came unbidden onto your land to spray it with some noxious chemical.

Perhaps taking a good photo of what the stuff looks like from your side and going round for a polite chat is the best remedy. Hope it all works out for you and that you get the whole summer to enjoy your garden.