Garden Boundary issue

Jennyjt19

I own a semi-detached house with a garden that is shared with my neighbour.  Whilst the garden is shared, my half is clearly marked on the land registry plans of my house.  My house has been tenanted for a number of years and I'm thinking of converting it to a holiday let, however, before I do that I'd like to put a barrier between our houses so that any guest can enjoy the garden without the interference of the neighbouring house and I'd like to check my rights.  My neighbour has been mowing the grass on my half of the garden and using it to dump grass waste.  He has even planted a cherry tree on my part of the garden - without seeking my permission.  I have been trying to sell it since this summer without success and I learned today that my neighbour called the estate agent to ask them to change the listing which stated that a fence could be erected so that it read any fence or divider could be installed after consultation with the neighbour.  To be clear their garden is to the right of mine as you look down the garden and away from the house.  I can't see anywhere on any of my purchase documents who is responsible for which side. I'd be interested to know my rights.  Thank you. 

mrschaucer

If your half is "clearly marked on the land registry plans" then you need to read your deeds to see if anything is said about "sharing" it with the neighbour.  Does he have any rights over it?  Download his deeds as well to see what they say about the garden and any rights or responsibilities.  If he is asserting that you can only erect a fence after consultation with him then perhaps he has rights that you are not aware of.
Or perhaps he is just trying it on.
Edit to add:
And just check your deeds to ensure you are not living in one of those estates where gardens have to be kept "open plan" and no fences are allowed.

Jennyjt19

Thanks for your advice.  I've checked their deeds too and their garden is clearly marked out, as is mine and I can't see anything to suggest they have rights over my half of the garden.  It is an old house (16th century) and the history of the house is that the two houses used to be one.  Sometime in the 60's or perhaps earlier the house was divided into 3 (according to the neighbours), then back to 2 houses.  At some point during the 60's it was owned by two families as holiday homes and these 2 families were great friends so they pulled down any fence or what ever that marked the barrier so the kids could play together.  My neighbour feels it is part of the history of the garden and should be left and I wouldn't normally mind that but he's really starting to encroach on my garden and treating it as if it were his and I'm worried that it will affect the enjoyment of anybody staying in my house.

mrschaucer

It does sound as though you are within your rights to have a fence if you want one.  Only you can decide if it's better for you to accept things the way they are with the neighbour seemingly calling all the shots, or whether you would prefer a fence and a cross neighbour.  Have you tried talking about the encroachment?  Does he think he's being helpful and generous or is he just taking the p?
And I would be instructing MY estate agent to ignore everything he says.

Mojisola

Jennyjt19 said:

II have been trying to sell it since this summer without success and I learned today that my neighbour called the estate agent to ask them to change the listing which stated that a fence could be erected so that it read any fence or divider could be installed after consultation with the neighbour. 

It would make more sense to get a fence up now.  It's going to put buyers off if they think there is a neighbour dispute.

Show your neighbour your deeds and give him a set time to produce anything legal he can to show that the garden is shared and should stay unfenced.

If he can't do this, get a fence put up.

Brie

If the 2 gardens are properly defined on the deeds I don't see why you can't erect a fence with or without your neighbour's consent.  It would I believe then mean that you would be solely responsible for the maintenance.  I think that if you make it clear to the neighbour that it would be done at no cost to them and taking their style preferences into account they will be happier with the decision.

This is of course assuming there isn't something dictated about for the entire estate as suggested by another.

twopenny

On the other hand if he is cutting the lawn presumably you have left it untended so that it spoils his enjoyment of his side. You've benefited from his keeping it under control.
If you fence it and let it as a holiday let you are going to have to employ someone to keep it neat and tidy at all times. Leaving it to go to pot say during the winter will affect your lettings.
A free lovely tree is a bonus.

UnsilentMinority

Get that fence up quick.

In hindsight keeping it shared was a asking for trouble, the neighbour is having separation issues from the garden already.

DRP

Assuming he has nothing in his deeds about access or shared ownership, you need to get a fence up.

An uncertain situation like this is bound to make your house much less saleable.

Be firm, be polite, but get a fence up. Selling up is the perfect excuse to prevent it looking ‘personal’.

theoretica

16th century?  It isn't listed? That seems the main thing that could interfere with fencing. 

Bendy_House

Jennyjt19 said:

I own a semi-detached house with a garden that is shared with my neighbour.  Whilst the garden is shared, my half is clearly marked on the land registry plans of my house.  My house has been tenanted for a number of years and I'm thinking of converting it to a holiday let, however, before I do that I'd like to put a barrier between our houses so that any guest can enjoy the garden without the interference of the neighbouring house and I'd like to check my rights.  My neighbour has been mowing the grass on my half of the garden and using it to dump grass waste.  He has even planted a cherry tree on my part of the garden - without seeking my permission.  I have been trying to sell it since this summer without success and I learned today that my neighbour called the estate agent to ask them to change the listing which stated that a fence could be erected so that it read any fence or divider could be installed after consultation with the neighbour.  To be clear their garden is to the right of mine as you look down the garden and away from the house.  I can't see anywhere on any of my purchase documents who is responsible for which side. I'd be interested to know my rights.  Thank you. 

Being a semi, it should be very clear where the boundary betwixt your two properties is? Can you determine this by looking at where your houses join? To the inch? Cool.

And what about the bottom of the garden - is this equally easy to determine, or would it need measuring? Eg. if the gardens are perfectly straight, then in theory it'll be the same width at the bottom as it is at the house. But see if there are any indicators on the deeds too.

Ok, got that boundary line sorted? Cool, I would then have a fence put up just your side of this line, so that the posts touch this line (or the panels, if you are going to give them the 'nice' side...), but nary a splinter crosses over the boundary line. That fence is now 'yours' in its entirety.

Big smile, and explain what it is you are doing - you'll be renting it out or selling it, and the tenants/holidaymakers/owners will expect their own private garden to use. Oh, and thanks for mowing my lawn all that time; that was really lovely of you - here's a nice bottle of red. Oh, oh, do you want your cherry tree? If so, that's fine - can you remove it before the fence goes up, please.

When he complains - and he will - just state clearly, "No, the deeds are very clear where the border lies, and there is nothing there to prevent either of us from putting up a fence. I am certain of that, but if you don't agree, please show me where it says differently." To everything else, just say "That doesn't matter..."

Whatever this guy 'thinks' he's doing, he completely crossed the line by trying to interfere by contacting your EA.

And there is no dispute here - there is simply nothing to argue about. The deeds are clear. If he genuinely thinks there is something he can do, then his solicitor will (should) soon put him right. If the solicitor is daft enough to try, then it would be interesting to see why they cite.

There is a very slight grey area with you allowing him to mow and effectively use your land, and that tree doesn't help. However, that was all done with your effective permission, wasn't it? And you also 'tended' some parts of your garden, didn't you?

This is assuming there is NOTHING in the deeds that refer to a 'shared' garden or anything like that? Any reference to gardens/outdoor spaces at all? If so, what? You used the description 'shared', but I presume you just mean in a casual way as there was no physical border.

Bottom line - it'll be far easier for you to put a fence up than for him to get anywhere with a case against you to keep it shared.