Neighbour says I'm encroaching on their land

harrys_dad

OP maybe you should change your name to "conspiracy theorist" or "mind reader" or something similar. You seem to be enjoying this so much, whereas for most people it might actually spoil the pleasure of moving in to a new house.

You have to live next to this person, why not make an effort to get on? "Getting on" is not the same as "giving in" (although I suspect that all the "ruler of the road" stuff is in your imagination.

ging84

while the op had put himself in his neighbours shoes for a few hours, he caught a glimpse of himself in the mirror, and for a brief second he could have sworn he was a lizard

moneyistooshorttomention

The update is I've now had back details from the Land Registry and been able to check out exactly who owns what.

There was one other possible owner of the tiny bit of land in dispute and the reasonable size bit of garden that it is part of. I have been able to check the title plan of this one other possible owner (ie not AN) and its absolutely clear that they aren't the owner (ie instead of either myself or Awkward Neighbour). No possibility there for error looking at those red lines.

LR have told me that Awkward Neighbour doesn't have title plans available for their plot (imagine this is down to them having owned the house prior to those 1990-something requirements for all land to be registered??).

So, no doubt at all that I am the rightful owner of that bit of land the neighbour is arguing about and the rest of a section of garden they are currently using. Its quite clear they've been squatting on a whole section of my houses's garden for some time.

Anyways, the squatted section of my garden isn't down as registered to them at the Land Registry.

Obviously, I need to be told if they/any subsequent owner of their house attempts to get that squatting made "official" by attempting to register it with the Land Registry, as then it might look as if they legally own a bit of my land (and we aren't just talking an infinitesimal amount this time). The whole bit of my land is a very reasonable size and I can put a noticeable amount of my plants on it.

The main reason I wish to ensure I don't lose ownership of that section of my garden is my fears that any squatter on that bit might use chemicals on it (as the rest of my garden is organic) and I don't want chemicals drifting over from my squatted land to the rest of my land.

What do I do now please to ensure I am told if anyone tries to register that bit of my garden as theirs legally with Land Registry? I would say my main concern there is that the next owner of AN's house might get told that bit of my garden is theirs and the title plan that will be made up at that point will include that bit of my garden and then it would be down on two different title plans (the correct owner - ie myself) and the next owner of AN's house. Presumably my (correct) title plan will take precedence over the title-plan-to-be on AN's house when it is sold (ie because mine will have the earlier date on it and they won't be able to provide evidence that I sold that piece of my garden to them because I wont have done so).

PasturesNew

Any chance of a drawing? So we can keep up?

quidsy

Why don't you just send them notice to get off the bit of land?

rosyw

If it were me I'd be out there putting up a fence! following that I'd carefully remove whatever they had planted and give the plants back to the neighbours, smiling sweetly and commenting along the lines of "oh I think you accidentally plated these in my garden so I'm returning them to you"


No point !!!!! footing about with people like this, far better sort it out once and for all.

moneyistooshorttomention

quidsy wrote: »

Why don't you just send them notice to get off the bit of land?

That thought has crossed and re-crossed my mind, as I would like to use the rest of my garden myself (ie this bit of it). I know very well that they have told other people that they own it (even though they don't).

I'm guessing most people here don't know (at the moment:cool:) that they are a squatter on my bit of garden (though they themselves certainly do).

I'm conscious that AN is a "local" (and I'm not) and think it quite possible that they would abuse their "local" status to try and "tell it like it ISNT at all" and people might not be fair-minded enough to listen to my side and savvy enough to realise that I would be the one telling the truth. In fact, I wonder whether some would support AN even if they knew very well that I was the one telling the truth here.

One blessing is that AN is old and I am therefore inclined to just wait to resolve the issue and hope my wait won't be too long. Hence my concern that the next owner of the house might (either deliberately or inadvertently) have that bit of my garden added to the title plan of that house when it is sold on.

If AN tried to register that bit of my garden with LR now, my concern is that its 90% clear that whole section is mine on the title plans (certainly 100% clear its not anyone else's) iyswim, but LR wouldn't automatically know to tell me someone had tried to put in an official claim on my land. It's 100% clear on the ground and judging by "landmarks" that have been in existence from the outset, but LR aren't here in the area to see how things are "on the ground".

moneyistooshorttomention

PasturesNew wrote: »

Any chance of a drawing? So we can keep up?

I have no means of taking a photo and wouldn't have the foggiest idea of how to do a drawing online.

bouicca21

How long have they been using the disputed area? They may already have an adverse possession claim, irrespective of what your deeds say. Of course it would help to know how tiny is tiny. Is it sufficiently tiny to be difficult to identify accurately?

moneyistooshorttomention

The bit they are arguing about is tiny, but the whole section of my garden is a noticeable size.

I think they have been using that bit of my garden for some time (ie over 12 years if that's what you mean), but there is no proof that its "theirs" (even though it isn't) iyswim. No boundaries dividing the rest of my garden from that bit of my garden. The only "proof" they could come up with is "their word for it" (ie telling lies to say its theirs, which is something I know they are doing, as several people have quoted that lie at me, having been told by AN that that is the case). Words (ie lies) are just words and the actual facts/LR title plans that do exist/visible boundaries on the ground prove that I do own the rest of my garden.

I don't want someone trying to concoct "proof" that they own that bit of my land, even though they don't. They could try and put up a short little fence between my two bits, but I would just smile sweetly and return that to them at that point. A friend of mine has taken dated photos to prove there is no barrier between my two bits now, as part of my proof of how things really are.