Neighbour put fence in our garden

Dasa

Not sure is this is the right place to post but anyway this is our problem.


We've been renting out our old property and it has been with the same people for the last 10 years. We pretty much left them alone in that time, just having someone go in to do the usual to get the required certificates. As they will be moving out soon we went around to see what we needed to do to get it ready and saw that next door have put a fence up but have come about 10 inches into our garden,and our garage roof now overhangs their garden!


We're going to speak to the current tenants to see if they can tell us when this was done, but does anyone know if we can do anything about it now.

kinger101

If you are 100% sure it's your garden, ask them to remove it. Perhaps an old fence on a boundary you were responsible for was dilapidated, and they decided to install one of their own. Still, no excuse for erecting it 10 inches on your side.

stator

Yes, you can get it removed if you can prove it's your land. If they refuse you would have to go to court.
Unless it's been there for 20 years they don't have any rights to keep your land.

Davesnave

Anyone who has put up a fence and maybe done other work behind it will be reluctant to move it, so you will probably meet resistance to any request for realignment. This would place the decision about what to do next with you.

You then have the option of removing the fence, which might be difficult without creating damage. Then, if you achieve that, what happens next? Do you re-erect someone else's fence in the correct place, erect your own fence, or do nothing?

Meanwhile, are the owners of the fence meekly looking-on at what's happening and sipping their tea, or are they perhaps upset, remonstrating with you or your workmen, taking photographs and calling the local PSCO, or their mates?

With a fixed object like a garage, it may be possible to prove encroachment, but it will be harder where there are no landscape clues to the position of the original boundary. In other words, you might regain less than you expect.

These are all things to think about before you take action, especially if going down a legal route.

Arguments about precise positioning of a boundary can be very costly if they reach court. A relative of mine paid out over £6k to defend a vexatious claim made in the vain hope of preventing him from building.This was only justified as part of the overall build cost, because the small piece of land wasn't worth much in itself.

So, the first step in dealing with this matter is to go and see the neighbour and share your concern in a friendly manner. You never know, there could be a good or acceptable outcome without the problems which other solutions might create.

Do remember that a line drawn on most title plans often cannot be precisely located in the real world, so can theoretically cover a swathe around 40cm wide.

davidmcn

Davesnave wrote: »

Anyone who has put up a fence and maybe done other work behind it will be reluctant to move it

And if you've no idea when the work was done or who did it, the current neighbours may know nothing about it.

moneyistooshorttomention

The thing I'm wondering about is whether a future owner of the "offending house" might think (or make out) that OP's garage is partly on their land (courtesy of the garage overhanging that bit of nicked garden) and then start creating for OP to remove their own garage from their own garden iyswim.

I admit to being astonished the tenants didnt see fit to mention this fence erection at the time it was done. I would have been on to my landlord telling them "The neighbour seems to be trying to nick a bit of your garden" as part of trying to have a reasonable relationship with my landlord/acting in "tenant like fashion" (trans = keeping in my landlords good books LOL).

Miss_Samantha

One thing to remember is that, if the fence is really encroaching on OP's land, the neighbours are trespassing.

Dasa

moneyistooshorttomention wrote: »

The thing I'm wondering about is whether a future owner of the "offending house" might think (or make out) that OP's garage is partly on their land (courtesy of the garage overhanging that bit of nicked garden) and then start creating for OP to remove their own garage from their own garden iyswim.

I admit to being astonished the tenants didnt see fit to mention this fence erection at the time it was done. I would have been on to my landlord telling them "The neighbour seems to be trying to nick a bit of your garden" as part of trying to have a reasonable relationship with my landlord/acting in "tenant like fashion" (trans = keeping in my landlords good books LOL).

Yea, I'm pretty miffed they didn't tell us. I suppose it's our fault as well as we have just left them to it. Wouldn't make that mistake again. I also think they sort of considered it theirs in a way as we've since found out that they had a letter put through the door about a tree asking for it to be taken down and they refused. Never told us about that either. Wonder what else they didn't tell us.


When we were living there two new houses were built next door and the fence was ok but it's since been changed twice and moved over. They've taken advantage knowing it's rented out.


I've been looking for old photos today and even google maps from 2009 when the new fence wasn't there so it can't be more than 7 years old. I don't know how long they've lived there so don't know if they are responsible.


I don't want to bother the tenants by going round there again as they're busy packing up to move out, so going to wait until they're out and then approach the neighbour, but will ring them and ask a few questions.


It's an important issue as we might want to build there.

missile

The neighbour may have asked your tenant and they may have given them permission?


You might want to check your title deeds and if in doubt check with planning department. I would speak to the neighbour and if no satisfactory outcome, speak to a solicitor. You might have legal support as part of your house insurance?

AndyBSG

Dasa wrote: »

I've been looking for old photos today and even google maps from 2009 when the new fence wasn't there so it can't be more than 7 years old.

So you have plenty of evidence that the fence has been moved, meaning if you did go to court the win would be a formality.

I'd go round this neighbours with all that evidence. If they are cooperative then leave it there but if they prove to be the opposite make sure you send a formal letter giving them 28 days to return the fence to it's original position before you take legal action.

Dasa

missile wrote: »

The neighbour may have asked your tenant and they may have given them permission?


You might want to check your title deeds and if in doubt check with planning department. I would speak to the neighbour and if no satisfactory outcome, speak to a solicitor. You might have legal support as part of your house insurance?

I did say to them about the fence being moved over and they just said oh as if they didn't know anything about it but it was just as we were leaving. Going to ring them and ask how long the neighbours have lived there and if they know if it was them that put the fence up.


Then when tenants gone going to double check all the measurements, get as much evidence as possible , approach the neighbour, then take it from there.


I could kick myself for not going round there on a regular basis but we wanted to leave the tenants in peace and thought mistakenly that if any issues they'd be in touch with us.