Boundary Dispute and Encroachment

RyansMum

Hi, new neighbours have moved their fence 1 metre into our garden and said it is for us to prove it is our land. We have had a chartered surveyor who wrote a report confirming the encroachment - the neighbour said this is not enough proof. I then had a Topographical Report (different company) who also confirmed the 1 metre encroachment - the neighbour has received both of these reports but still will not accept it as proof. She has given us no proof apart from her land registry title. So far it has cost us £2000 she has not paid a penny even though she moved the fence. What is my next move??

Mojisola

RyansMum wrote: »

What is my next move??

Take a leaf from her book and (carefully) take her fence down, put it in her garden and mark the boundary with some posts and line until you can do something more permanent.

Jenniefour

RyansMum wrote: »

She has given us no proof apart from her land registry title.

This seems confusing. Are you saying that the title (and plan) indicates the boundary is now in the correct place i.e. that the metre you have lost to your neighbour does actually belong to them? What does your title plan show? Being clear about what is on that is your next move.

If the title plan shows the land is yours then I would do what Mojisola suggested - move the fence.

Red-Squirrel_2

A brick wall is harder to move.

RyansMum

Hi, the title plan is from the land registry - which states that it is not the legal boundary as it is not accurate. The land belongs to us, she purchased the property in November with the fence intact and moved the fence into our land in February (1 metre in) without any evidence as to why she thought she owned it and said it was for us to prove we owned it - hence we had 2 x surveys from professional companies to define the boundary,

RyansMum

Hi, its not quite so simply as moving the fence back as she owns it and it will be criminal damage - I don't think it could be removed without any damage to the wood.

Grezz24

surely moving your fence was criminal damage in the first instance?

I wouldnt entertain any more surveys i would just move the fence.

Davesnave

RyansMum wrote: »

Hi, the title plan is from the land registry - which states that it is not the legal boundary as it is not accurate,

Most of us here recognise that the average title plan is only accurate to within about 18" in old money, but you are saying the neuighbours have claimed 1m (39") which is more than double that.

Also, many of us know old titles may have quite vague looking plans which are even harder to interpret.

So, looking at your and their title plans, is there anything that might give rise to the idea that the original fence was in the wrong place?

I ask because you are writing as if the neighbours are acting in this way for no reason at all. While that might be the case, it's more likely that something is behind the move. In a similar case I know of personally, a neighbour claiming extra land wanted to prevent an extension being built.

Could these neighbours be looking to extend? Dig out any photos you might have which show the original fence line; you may need them.

loveka

Having been through this EXACT situation I would advise you to stop spending money now.

The title plans are not accurate, they bought the house with the fence where it was (buyer beware) etc etc However, this is a boundary dispute and for some inexplicable reason the law seems to see it that both parties are to blame.

Our solicitor told us that although we would 100% win in court, it could be that we would not be awarded fees, which could amount to £30k. Just to keep a strip of land that was ours!

Depending on how long the fence can be proven to have been there, you could go down the route of claiming adverse possession of the land. But you need to prove you had use of that land for- I think -20 years. It is counter intuitive, but you would be claiming you have used the land for so long it has become yours.

Have a look on the website Garden Law and post this on their forum. There are very knowledgeable people there.

Are you sure it was their fence they moved?

sal_III

RyansMum wrote: »

Hi, the title plan is from the land registry - which states that it is not the legal boundary as it is not accurate. The land belongs to us, she purchased the property in November with the fence intact and moved the fence into our land in February (1 metre in) without any evidence as to why she thought she owned it and said it was for us to prove we owned it - hence we had 2 x surveys from professional companies to define the boundary,

RyansMum wrote: »

Hi, its not quite so simply as moving the fence back as she owns it and it will be criminal damage - I don't think it could be removed without any damage to the wood.

If you had 2 surveys backing up your title deeds that the fence is 1m inside your property, the fence is in your property and you can do whatever you want with it.

Move it back and/or build a new fence on the original location and let your neighbour prove it's in the wrong place this time.

Presumably you have old pictures of where the fence was prior to February with them and all the surveys and title deeds your neighbour doesn't have a leg to stand on.

Don't let them walk all over you.

m0bov

Dismantle the fence, its not criminal damage with intent. Each time the put the fence up, take it down. Do you have legal cover with your insurance? You need to get a solicitor to write to them.