My neighbour erected a fence in garden taking some of my garden!!

pennys2004

First of all, apologies if I posted this in the wrong place.

About three years ago, my neighbour erected a new fence on the side oif his garden/at the back of my garden. He was having some building works in his house, erecting a garage at the back of his garden.

He removed the fence which was at the back of my garden/the right hand side of his garden. He did at first ask who it belonged to and my father (who was there at the time) told him he wasn't sure. The neighbour said, as he was having work done that he would change it.

It wasn't until around a year later, yes, quite a while later I know, that I noticed he had taken the fence about a foot in towards my garden. I noticed this because the fence in question runs along the back of my garage and I used to have around a foot behind it, now, the fence is practically pushed up against the roof of my garage.

I decided that I wouldn't chase his up on it as he did (or his builders did) make a hole in my garage roof which I had to chase up with the owner of the property verbally and in writing (to his tenants as he does not live there I believe, who seemed to not understand a word of English) which was ignored.

I also heard from my neighbour that this man was in dispute with the neighbour to his right for taking some of their garden and he had also assaulted her in the street. I thought I couldn't be bothered with the hassle after that.

Now though, the whole thing has begun to wind me up again! What I would like to know is, 1) how can I prove that he has taken some of my garden and 2) who do I complain to seeing as he has ignored my previous complaints? Also, have I left it too late?

I would very, very much appreciat eyour help with this.

Leif

The bad news is that boundary disputes are loved by solicitors as they generate lots of income. The law is a little vague on boundaries. There are at least two ways to prove that he has moved the fence. Firstly do you have any photos of the gardens? Bear in mind that aerial surveys and Google may provide enough detail to prove the fence has been moved. Secondly, examine your deeds. They should tell you who owns the fence, and if you own it, then he had no right to remove the fence. I suspect you would be entitled to remove it, and reinstate a fence of your choice. Also the deeds should have a plan. They will allow you to work out roughly where the boundary is. It is normally only accurate to 6", but if he moved it a foot then you might be in luck. Also if the fence is clearly in line with features such as a house wall, then that might help. Any old post holes from the original fence will help too.

I do know how difficult these things are as my late mother had a very unpleasant couple next door who attempted to take some of her garden i.e. move a fence, so that there extension would no longer be on the boundary. After mum died, these people tried again, I engaged a solicitor, and while the house was being sold, they moved the fence, threatening the sale, though it did go through. The solicitor was little use, and charted for every letter sent and received. The nasty couple just ignored the agreement reached, and did what they wanted. The only solution would be legal action, and it is a lottery as to whether or not you win. And it costs a fortune.

However, you have to appear reasonable, so probably best to write a formal letter, delivered by Recorded Mail, stating that he removed your fence without your permission and erected a new fence on your land. You could then state that you are prepared to be reasonable, and pay the full cost of a new fence, at the correct boundary line. Add in the letter all the evidence you can find. You might have to engage a surveyor to confirm (or not) the boundary line as you remember it.

Leif

pennys2004 wrote: »

Also, have I left it too late?

No. You have - I think - 12 years from the time he took land. After that time the land becomes his, unless you have complained before.

keystone

Its ten years now, he has to apply for adverse possession and its not necessarily automatic. There is a burden of proof.

Personally if sure of my ground I'd wait 'til he was on holiday and just move the fence back.

Cheers

CrispieS

request your property deeds from your solicitor and take a look yourself, it might have been well documented. My dad had a similar problem with his house and the property deeds cleared the problem up (although his neighbour wasn't abusive, be careful!)

Norman_Castle

I also heard from my neighbour that this man was in dispute with the neighbour to his right for taking some of their garden and he had also assaulted her in the street.

Could you speak to this neighbour to find out how successful they were in dealing with the land grabber.

My dad had similar problems that were unresolved for over 40 years. Can I suggest all homeowners find time this weekend to take photographs of their boundaries. Your current neighbours may be fine, but in 10 years time you may need these photographs.

fluffymuffy

Check to see if you have legal insurance as an add on to your household policy (I have a stand-alone legal policy). You might have free legal insurance as part of a union or professional membership.

It's too late to take out a policy now but someone else reading this might like to look into it for themselves.

Gloomendoom

I had the same problem but the other way around. My neighbour put up a new fence shortly before he moved and I gained an extra two feet at the end of the garden.

Norman_Castle wrote: »

My dad had similar problems that were unresolved for over 40 years. Can I suggest all homeowners find time this weekend to take photographs of their boundaries. Your current neighbours may be fine, but in 10 years time you may need these photographs.

My dad did too, a few years ago now, also still unresolved after wasting a load of cash on surveyors and solicitors . It was a bit more than a couple of feet though.

I'd do what was suggested above, just move the fence back to where it was originally. After all, possession is supposed to be nine tenths of the law.