leasehold boundry dispute

jiggy.jay

Hello everyone,
your advice would be greatly appreciated.

We are leaseholders of a flat/maisonette, as are the leasehold owners of the downstairs property. Our next door neighbours have recently erected a fence which encroaches onto our land. I have been round to speak to the neighbours about it, and the reception was 'frosty'.

I'm not keen on a legal fight but know it is important to protect our boundaries especially ahead of a resale sometime in the future.
I'm also a little annoyed because I believe the neighbours have knowingly done this.:(

Advice please on what to do next and most importantly who's responsibility is it to deal with this dispute over the property boundaries - us as leaseholders or our freeholder?

Thanks in advance

Gordon_Hose

Take it down, they are trespassing if it's on your land.

princeofpounds

Unless the garden is demised to you in your lease (as opposed to simply having a right to use it as a communal facility) then it is your land and you can do something about it directly.

More likely this is the freeholder's responsibility, though they may have a further legal obligation to you to defend and maintain your communal amenity spaces.

G_M

jiggy.jay wrote: »

Hello everyone,
....Our next door neighbours have recently erected a fence which encroaches onto our land.

First, check this.

What does the lease say exactly, and what does the Plan show exactly.

Assuming you are right though, try to resolve this without going to law. Make photocopies of the relevant bits of your lease & Plan, invite them to tea, offer cake, and then discuss the documents.

Either it will be clear who is right, or you'll be disputing the precise line of the boundary, which is impossible to specify to an accuracy more than +/- a foot or so.

Freeholder is unlikely to get involved. Neither of you is breaching your lease. One of you may be trespassing on the the other's leasehold land.

martinsurrey

Gordon_Hose wrote: »

Take it down, they are trespassing if it's on your land.

do NOT do that.

http://www.landandboundarydisputes.co.uk/boundary_disputes_determining_principals_resolutions.php

read the section on tresspass and self help.

only do this in an emergency or if the case is simple and clear.

but you do need to act soon

jiggy.jay

Thanks for all the advice everyone.


I already try to have a friendly chat with the neighbours next door.
I was met with denial and they made me feel like I was doing wrong by telling them. When I informed them that I have before and after photos to hand, their attitude changed ever so slightly.


They claimed to have taken ‘a bit’ from the front but given ‘a bit’ at the rear. To which I highlighted to them that I had/have not given any permission for them to do so, also the photos show you taken from front and taken from rear.:sad:


Well, let just say, the conversation ended with their ‘well the fence is up now, what do You want to do?’ attitude.

I not ashamed to say that, after that meeting, I am a little intimidated by them. So would not really like to deal with them unless it is necessary. _pale_



Which got me thinking that if I was to sell and move. The boundary issue wouldn’t affect me as much as the ‘freeholder’.
and the ' responsibility to deal with this dispute over the property boundaries - us as leaseholders or our freeholder?' question

jiggy.jay

Also apologies for any confusion. My property is a ground floor converted town house, and the boundary issue is with the next door house (which they own freehold)

Gordon_Hose

martinsurrey wrote: »

do NOT do that.

http://www.landandboundarydisputes.co.uk/boundary_disputes_determining_principals_resolutions.php

read the section on tresspass and self help.

only do this in an emergency or if the case is simple and clear.

but you do need to act soon

They've admitted it's on the OP's land...

"They claimed to have taken ‘a bit’ from the front but given ‘a bit’ at the rear. To which I highlighted to them that I had/have not given any permission for them to do so, also the photos show you taken from front and taken from rear."

So, either tell them to take down the bit that's on your land or tell them you'll do it and stack it neatly at their back door.

OP if you go down the legal route when you come to sell you will have to declare the dispute with the neighbour.

martinsurrey

Gordon_Hose wrote: »

They've admitted it's on the OP's land...

"They claimed to have taken ‘a bit’ from the front but given ‘a bit’ at the rear. To which I highlighted to them that I had/have not given any permission for them to do so, also the photos show you taken from front and taken from rear."

So, either tell them to take down the bit that's on your land or tell them you'll do it and stack it neatly at their back door.

OP if you go down the legal route when you come to sell you will have to declare the dispute with the neighbour.

yup I agree with the new info we've been given.

its a clear case, so go ahead OP, but put your hard hat on!

stator

Also please post photos, we're all nosey around here

jiggy.jay

i dont want to put photos up just incase, but will put pics to (hopefully) show issue .


after