Boundary - possible issues

alumende27

Our house and driveway is behind a row of victorian terraced houses, and the backs of their gardens are adjacent to one side of the driveway.

A new neighbour in the end house has started to add a new fence at the end of their garden and have encroached upon our driveway by a small amount. The space in question is small, maybe two metres by 0.5 metres (the gardens taper away from the house) and effectively unusable for us.

So, I don't really mind, but principle of the thing, not speaking to us first, etc.,

What would others do, just let them do it, let them do it but tell them they're now on our land, tell them to revert the boundary? I don't want to make a fuss, but equally I don't particularly care to let our neighbours know they can all start encroaching on our land by my inaction.

anselld

dsdhall wrote: »

So, I don't really mind, but principle of the thing, not speaking to us first, etc.,

If you genuinely don't mind the loss of land then it is not worth arguing over the point of principle.

If you really *do* mind then ask for it to be put back. However, bear in mind it is not always easy to prove where the legal boundary lies. The old fence may have been built some distance inside the boundary. Are there any other features on your deed plan which better define the position?

moneyistooshorttomention

I guess start by saying politely to them "You must have done this by mistake. We can all make mistakes. But it is part of my garden and so will need to be moved to correct position" and see what reaction you get.

NB; Having checked your Deeds, etc, first in order to be sure you're right on that positioning.

2 metres worth of land (at one point) is more than would be covered by that "general boundary rule" the Land Registry has. Unfortunately, in Britain, that rule applies and our plots aren't measured out exactly literally to the inch - but the general boundary rule is exact to plus/minus 18" leeway one way or the other. I would think the figure concerned is still 18" (rather than having been amended to 0.5 metres)????

You would be as well to get things put right - as sometimes the reason why a neighbour will try and grab a little bit of land like that (if one assumes they are doing it knowingly) is to make as much space as possible for them building an extension on their garden. So, of itself, your bit of garden may just be small - but it may be just big enough to make the difference between them being able to build an extension or not (in which case it would be very important to you to ensure they DON'T get that bit of your garden - as you would then not have to put up with an extension going up next door).

moneyistooshorttomention

anselld wrote: »

The old fence may have been built some distance inside the boundary. Are there any other features on your deed plan which better define the position?

The legal assumption is that people will fence to the limit of the extent of their land - ie bang up against the boundary on the one hand OR straddling the boundary (half each side) on the other hand.

alumende27

Thanks for the replies. I think even with the consideration of the general boundary rule they have encroached sufficiently onto our land. And yes there are other features that identify where the boundary is (there is are two properties perpendicular to ours and the end of where their two gardens meet is exactly in line with where the border between us and the end terrace is indicated on the title deeds.

Like I said, it is of no value to us and I don't want to antagonise new neighbours, but I would like things to be done properly. As they're recently moved in (< 1 month), they will have seen copies of the title plans recently and cannot claim ignorance.

moneyistooshorttomention

Lots of people don't study the title plans in exact detail. They rely on what the vendor tells them and/or evidence of their eyes as to where the boundary is.

So the vendor may well have told them things a bit differently to the way they actually are - it does happen.

Give them the benefit of the doubt to start with - and hence the "We all make mistakes" first approach. Even if they did it quite deliberately (which they probably have in the event.....but you can't know for 100% certain) - you will have given them a "facesaver" to cover their blushes if it was a try-on on their part. They can then say "Whoops...silly us...apologies...will sort".

Of course - the most likely thing is it's a deliberate try-on and I gave my neighbour a "facesaver - you musta been mistaken" way out to start with until it became very clear they knew exactly what they'd did and I had to get "firmer" to put things right.

But start with the "musta been genuine mistake" approach initially.

alumende27

The owner isn't in at the moment, but i just bumped into the builder who had just arrived to finish putting the fence up.

I politely told him that it was encroaching on our land and showed him the two title plans and gave him two options. Either adjust the fence so it sits within their boundary or stop work until the neighbour is happy to work with me to come up with a boundary agreement for the proposed location of the fence.

I agree that it seemed to be an honest mistake and stressed that I have no objection in principle but if they're going to move the boundary I want it agreed in writing to avoid any issues down the line.

He's going to speak to the owner and get back to me before continuing.

thanks again for the replies!

G_M

mrschaucer

Right, that's it. I'm moving in next door to G_M this minute!

moneyistooshorttomention

mrschaucer wrote: »

Right, that's it. I'm moving in next door to G_M this minute!

Change the tea to coffee and make sure the scone topping goes:
- butter
- jam
- cream on top

(ie the Cornish way)

and I'm coming too.....

Oh the trauma when someone served up a "cream tea" with no butter and then there was the time the scones were fruit ones (not plain) and it's gotta be called "Cornish Cream Tea" or "Devon Cream Tea" (as its from the West Country) and that's its proper name.

McKneff

I wen o Devon last year and bought a scone and butter, £1.70 for the scone and 30p for the butter......

Ive never ever seen them sold separately