Can anyone comment on this boundary issue

Norman_Castle

Put a fence on the boundary, then invite her to remove any plants she wants. If she wants to try to claim the land she can do so after you have incorporated it back into your garden.

Jeepers_Creepers

Norman_Castle said:

Put a fence on the boundary, then invite her to remove any plants she wants. If she wants to try to claim the land she can do so after you have incorporated it back into your garden.

That is another, perfectly acceptable, approach.

Section62

casper_gutman said:

I'd definitely install some kind of simple fence to mark the boundary for the future. A single low rail or even a chain suspended from posts would work. Make them good, solid posts, well concreted in - I wouldn't put it past this neighbour to try to 'accidentally' knock them over....

Installing a fence should draw a line under this whole business, and will make it clear that you really need their plants removed not just to make a point but so they don't get damaged by the work.

The OP needs to check the planning situation and for covenants before putting up any kind of fence or wall.  It might be an 'open plan' estate with boundary features in the front gardens prohibited.

If there is any ambiguity then I'd make any fence I did install a cheap one which is easy to remove.  The more money you spend on it and the tougher you make it for someone else to remove, then the more you've lost and the harder the job you've made it for yourself when the council tell you to remove it.

I don't think installing a fence will draw a line, there's a good probability it would give the neighbour something to pursue tit-for-tat.

Jeepers_Creepers

Fair do's - the boundary situation would need checking out on your own deeds first (it's a bit of a surprise that no-one seems to have boundary fences - so there might be a reason!)

Much better is an upfront approach, having carried out your research. Outline the facts, and what is going to happen.

Tyler_Durden_UK

Quick update regarding this, the neighbour in question no longer lives in the property next door, I did speak to her a few weeks back, apparently they have temporary moved out while waiting for planning permission for an extension at the rear. I mentioned then that I believed the strip of land was within my boundary, she said something like "I'v always maintained it / had plants on it".
I do not have their new address but have got her mobile number, I'm going to send her the following text :-

Hi [name of neighbour] just an update for you regarding the strip of land on my drive I spoke about to you previously. I can confirm that it is with my boundary. I have downloaded both my deeds and also yours which clearly show both our boundary's as a straight line from the side of your house to the street. This corresponds exactly to where the block paving on your drive finishes. The fact that you have put plants on that strip does not change the ownership of it. If you believe it belongs to you then please provide proof that you are the registered owner by Friday 20th August. After this date I will be removing your plants and returning them to you (will leave them on your drive)

Le_Kirk

Hi [name of neighbour] just an update for you regarding the strip of land on my drive I spoke about to you previously. I can confirm that it is within my boundary. I have downloaded both my deeds and also yours which clearly show both our boundary's boundaries as a straight line from the side of your house to the street. This corresponds exactly to where the block paving on your drive finishes. ...............

Couple of typos corrected.

Jeepers_Creepers

I missed them!

Spot-on, Tyler. Spot-bludy-on.

Well done.

Monsternextdoor

Im following this as I have a feeling that the house I am in the process of buying may have something similar happen as it looks as if the previous owner blocked off a section of garden and it looks as if the neighbour at the back has been using it. 

My deeds and land registry show its mine, so unless she's had an agreement with them in the past or has sold the land and not informed the council etc to adjust the boundary. 

I won't be long finding out when I start work  

@Tyler_Durden_UK Good luck ! you don't need it, but pics please if you dig up her plants  

Tyler_Durden_UK

So, I've had no response from my neighbour, called her mobile yesterday, it's still a live number as I got her answer service. Left a message saying I would be removing her plants this weekend. No response as of today so I've removed her plants (bar one) and put them on her drive. 

Before and after :-

Jeepers_Creepers

Please record the expression on their faces when they turn up

Remember - don't get sucked in to any daft argument or rant. If they go off on one, stand your ground, look bemused, !!!!!! your head to one side in a puzzled manner, wait for them to stop, and then the mantra;; "Show me evidence that it's yours." When their mouths flap, shake your head sadly, and say, "You must be bonkers if you think you can steal someone else's land" and walk away.

If they dare to try and 'reclaim' it - put their plants back and stuff - call the local police. It's now harassment as well as whatsit, property theft?!

If you know if/when they are going to approach you, try and have your phone on record. If they add cussing and threats - implied or otherwise - to their rant, they will soon be told to C&D.

It needs nailing down. They need to know 'this is it'. End of.