Boundary issue - hedge

Leif

Assuming you dislike this chap, and I would, I'd send him a letter by recorded delivery informing his that you saw him trespassing on your property i.e the garden, and a roof. Inform him that if he has caused any damage to the roof, he will be liable for the cost of repairs. (Proving it would be near impossible, but it helps to stand up to him, and to keep a record of his transgressions.) it is a shame you do not have a photo, but I suppose not many of us keep a camera handy in case the neighbour walks on the roof ....

It might also be worthwhile informing him, again by recorded delivery, that you have spoken with your insurer regarding legal expenses. Instruct him to remove the slabs, and edging such that it no longer intrudes on the boundary, for which you are responsible according to your deeds. Say that if he does not act within a set time, you will seek further advice, with a view to having the boundary surveyed, and possibly instigating legal proceedings.

I think the above would be seen as assertive but not unreasonable. But, you'd best get proper advice to confirm first, you must act reasonable as viewed by a judge if the worst happens.

krlyr

CCTV units can be bought quite cheaply I believe nowadays, and would be proof of his trespass into your garden. You have to be a little careful where you aim them but as long as you're capturing your own garden (I think a little overlap is allowed, but you're not allowed to blatently aim it outside of your garden) you should be fine.
Might be worth popping to your local police station or a word with your local PCSO about the trespass.

zzzLazyDaisy

Leif wrote: »

It might also be worthwhile informing him, again by recorded delivery, that you have spoken with your insurer regarding legal expenses.

I wouldn't do that. How you pay for your legal advice is a matter for you.

To be honest, I wouldn't even write the letter. I would just turn it over to a solicitor, let the solicitor write to the neighbour, and let the insurer pay.

But on a more pragmatic note - people often do not realise or remember that they have legal cover as part of their insurance, so I definitely wouldn't say anything that might send him scurrying to check if he also has legal cover!

Leif

zzzLazyDaisy wrote: »

I wouldn't do that. How you pay for your legal advice is a matter for you.

To be honest, I wouldn't even write the letter. I would just turn it over to a solicitor, let the solicitor write to the neighbour, and let the insurer pay.

Having been involved in a legal dispute over a boundary (my late mother's house), I would not advise using a solicitor unless you have to. My experience is that:

a) They charge a fortune, and even if house insurance pays, you will surely get elevated premiums.
b) Solicitors love boundary disputes. One solicitor sends a letter and charges. The other receives the letter, and charges, and acknowledges the letter and charges. And so on.

You are best to try and do as much as possible yourself. Thus informing the neighbour of the facts (deeds), and the action you will take if he does not respond favourably. Give him a chance to respond. If you do proceed with legal action, you will need a survey. So you then ask the neighbour to share the costs. (He won't.)

zzzLazyDaisy wrote: »

But on a more pragmatic note - people often do not realise or remember that they have legal cover as part of their insurance, so I definitely wouldn't say anything that might send him scurrying to check if he also has legal cover!

Not a bad point. I wonder what the terms and conditions are? Do you have to pay if you are at fault? Or if you lose the court case? I imagine it does not provide carte blanche for legal action against neighbours.

southcoastrgi

nail the fence panel shut from your side so he can't open or remove it

princeofpounds

To stop him coming on your land, the first thing to do is to throw him off (not literally), tell him he is not to trespass on your property without permission, and follow up with a letter with proof of postage recording this discussion. Dont be passive, this is out of order. If you want to put up a more physical boundary to stop him like a proper fence, you can do this a long as you don't damage any boundary he owns.

As for the land stolen, the previous poster is right to say that boundary lines are not measurable to any real precision. The line helps you locate features on the ground which determine the real boundary. In this case however, the fact that the boundary is inline with the buildings (which clearly have not moved) is a strong signal that the slabs are intruding.

Up to you whether you want to get rid of them. There is no real option other than a legal dispute. These things can be expensive but you have cover and they normally only get really bad if the conflict escalates into more and more issues; a simple boundary does not take forever.

Also, the first step is probably mediation. If you can both agree to the verdict of an independent surveyor under an agreement overseen by your lawyers that can avoid court.

Go to gardenlaw boundary forum for more suggestions.