Garden Boundary

BackToDJing

My neighbour is having their garden landscaped and their ground workers had dug across my boundary line, the fence stopped at the top of the garden by one fence panel and the rest was tree and shrubbery marking the border. Last weekend I went to have a look and realised they had uprooted a lilac bush that was about 15 feet tall. I know that sounds tall but I have a large shed at the back of the garden and was in line with this height - The neighbour's garden sits lower than mine. Can I ask for the lilac to be replaced, I have the feeling they will try and utilise the land right up to my shed without leaving the 3 foot gap as shown in the deeds? Hope this sort of make sense - Thanks in advance.

Davesnave

BackToDJing wrote: »

Hope this sort of make sense.

Frankly, it isn't very clear, but I'm getting the idea that most of the garden boundary was/is fenced. There was a bit at the top of yours with a shed and a lilac tree where things were not so well defined.


It seems you believe the landscapers have encroached in this area, removing the lilac, which was yours.


At this point it's fair to ask why you haven't apparently spoken to your neighbour yet about your concerns and their plans. We can't guess them either!


If you and your nighbour can't agree together right now where the boundary should be, then you may have a boundary dispute, which is bad news for both of you, long term.

G_M

Go and have a chat with your neighbour!


We cannot clearly picture the garden or know where the boundary should/shouldn't be, but if you feel the neighbour is encroaching on yourland, and/or uprootig your (not his) plants, then a friendly chat over a cup of tea (and cake?) is called for.


If it would help, have a copy of both your and his Land Registry Plan to hand so you can both agree where the boundary should be.


£3 each from here.

BackToDJing

Thank you for the replies, you have definitely grabbed the gist of what I meant - The reason I haven't approached is they are on holiday and the ground workers finished the morning after they had left, it was only then I could see my one piece of fence and the apparent boundary line as all the shrubbery had been cut down making it visible as to where my boundary lay.

BackToDJing

I suppose what I am exactly asking is, if he doesn't dispute the boundary line, is it fair to ask for the lilac to be replaced. The lilac did do a good job of making a natural screen. I just want to get some grasp of my rights as I am not very good at confrontations/discussions (and I use the term 'confrontation' very loosely).

ProDave

Is it just a boundary marker you want?

If so suggest that as they have removed the vegetation that was marking the boundary, that they replace it with a fence, similar to the rest of the fence panels, and following the exact line of the existing fence panels.

Davesnave

Maybe the lilac shouldn't have been removed, but if the neighbours went on holiday, did they even see where the landscapers have chosen to make the boundary?

Once they're back, you can discuss the matter with them and, hopefully, agree a way forward which won't lead to problems further down the line by creating a a discrepancy with the properties' title plans.

You have your plan and it might be worth downloading the neighbour's too for £3 before you approach them. Remember lines on title documents are only accurate to around 45cm.

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

One further thought; some types of lilac have spreading surface roots and they can even damage walls in time. Is it possible the neighbour was frustrated by the roots in their border and looked for an excuse to be rid of it? Not an excuse for bad behaviour, of course,, but potentially a reason, given that planting at the base of an old lilac is no fun at all.

sheramber

Whose garden were the lilac and shrubbery planted in. If they were planted in your neighbour's garden but the foliage had spread into your garden then your neighbour is entitled to cut them down as they belong to him.

G_M

Yes - was the lilac


* on your side of the boundary ie it was your lilac so should be replaced (assuming you want it replaced)

* on the exact boundary - in which case, who owns the boundary line?
* on the neighbour's side, in which case it was his to do with as he wished.


Chances are this was an error by the contractors, and a friendly conversation when they get back will resolve.


Put a 'welcome home - hope you had a good holiday' card through the door, and add an invitation to tea to discuss the garden work.

sevenhills

BackToDJing wrote: »

I have the feeling they will try and utilise the land right up to my shed without leaving the 3 foot gap as shown in the deeds? Hope this sort of make sense - Thanks in advance.

Is the boundary a straight line? Have a chat with your neighbours, sounds like you would be better with a fence or hedge to separate the properties.

BackToDJing

The bare root is on my side but the lilac was so big that I honestly didn't know about the start of the fence until it had been exposed by the removal of the lilac. I shall approach then when they get back off holiday.