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land dispute

Recently moved into a new house - it's 10 years old.

Anyway the problem is that the fence in the garden has been erected in front of some sycamore trees. However if I look on the original deeds I can see the centre of the trees are actually within my land so I presume the builders put the fence in front of the trees for ease rather than trying to work around the trees.

The problem I have is the neighbour behind me seems to be dumping all his rubbish in the 6ft gap between my fence & his but he thinks is no-mans land but on my deeds it is shown as mine.

I have downloaded both my deeds & his from the land registry & it is obvious the land is mine so how do I go about this?

We have already told him that we don't want him dumping his garden waste against our fence & it seems he has gone & dumped his grass cuttings there again today.

As I see it he is fly-tipping as the land does not belong to him anyway.
So what do I do next?

Any advice appreciated.

Comments

  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    A tricky one as this is a personal dispute between the two of you - the Council won't be interested as they are only concerned with fly-tipping on public land or the Highways.

    You should attempt to persuade him that this is your land - have you shown him the Title Plans?

    If he cannot be persuaded to stop the tipping (and trespass) your only recourse is via legal action or, at least, the involvement of a solicitor - which will be costly and result in even more bad feeling.

    Do you know for sure that it's the neighbour? :confused:
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • hjb123
    hjb123 Posts: 32,002 Forumite
    Can you not get the fence moved or get it so you have all your land?
    Weight Loss - 102lb
  • skim
    skim Posts: 417 Forumite
    100 Posts
    The problem is that there are quite a few trees on the land that the builder didn't fence - that's why this land exists.

    His house is 37 years old - mine is 10 - the gardens are back to back with 6 ft of land in between which is only because it is too difficult to fence because of trees etc. Only us & him have access to the land & it's his garden rubbish thats piling up so I know it's him.

    All the trees appear on our plans with our deeds so I know they are ours.
    I guess the only thing is to cut them down & extend back & then see what he does.
  • going2die_rich
    going2die_rich Posts: 1,378 Forumite
    One night just throw it all back in to his garden.
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    Any decent fencing contractor would work around the trees. You could even get a "stock fence" or post & rail erected as and then plant a hedge inside. Leave the existing fence in place until the hedge has matured to provide privacy.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • HelzBelz
    HelzBelz Posts: 619 Forumite
    How about taking out 1 fence panel and putting raised veg beds in a s a dividing line, you'd get a hidden Veg patch and unless your neighbour is a complete ******** he's less likelg to dump rubbish on your veggies
  • ormus
    ormus Posts: 42,714 Forumite
    another poss case of where you can spend thousands in legal bills and it could take yrs to resolve.
    cheaper and quicker to visit him and have a chat. (take your mates from the harley davidson or rugby club).
    Get some gorm.
  • HugoSP
    HugoSP Posts: 2,467 Forumite
    It seems that when you bought the house you didn't realise that this etra land was yours, and now you want it to stop the neigbour dumping his rubbish on it.

    May I suggest a proposal to put to him?

    You take half of it and allow him to use the rest under liscence on the condition that he doesn't dump stuff on it. This way you each get some extra garden.
    Behind every great man is a good woman
    Beside this ordinary man is a great woman
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