What is the process of removing someone from encroaching on piece of land that I own?

madteapot

As the title suggest I am trying to figure out the process of moving someone from encroaching inside boundary line. I should clarify first that the encroacher does not have adverse possession rights as their property was only built about a year and half ago or two and they moved in shortly after that. TLDR at the end for shorter version;

So bit of background, I own a piece of land that is not used for any purpose behind my property and garden. The land contains bunch of trees and just general wild plants etc. It contains a few protected trees so I have let it grow without a lot of interference. The land adjacent to mine was acquired by a developer over five years ago, the site is complete and the developer moved on from here. The property encroaching on my land is one of the last houses built before developer left. There was no fence on my side of boundary, the building site had wire fence which was in correct place as I had observed previously, once the property was built it had wooden fence which was also in correct place again I recollect from visual observation. But on my last walk around I noticed their fence to be too close to the protected trees and that is how I noticed the issue. I have recollection that all of the protected trees were at least 5 meters away from boundary line but with their new fence they are less than 3 meters. Their garden also looks about 2 meter deeper than their neighbour. The only reason I know about the protected trees being 5 meters aways is because during consultation and planning phase the developer did approach me (verbally) to ask if I would agree to allowing some of the protected trees from being pruned/thinned at their expense if they obtained council permission. This was because the property had south-west facing garden but with huge trees blocking most of the sun. At this point the developer and I walked around the entire site to understand the scope of work and we took some measurements but everything was only verbal. I was of a view at the time that even if they paid for everything and managed to obtain council permission, I would have final say in how far the pruning/thinning would go as the trees were entirely in my property line. The developer didn't go any further with this and there was no work done to the trees. 

I have checked land registry plan for mine, their and their neighbours property and it does to some degree confirm my suspicions. But land registry plans are not to scale so I can't rely on it solely. Secondly I tried to knock on their door to ask if their fence has been moved recently but no luck even after multiple times. I talked to their next door neighbour and they said they were having some garden work done few months ago and that their fence does look to be moved but was hesitant in confirming anything further. I did some research and found that I can issue notice before action and at the end of notice move their fence without damaging. So I issue notice before action giving then 28 days to move the fence or I will move it. Also gave them my contact details in case they wanted to discuss. I attached land registry plan along with the letter. I didn't hear anything from them nor was the fence moved. On day 28 after delivering the letter, I received hand delivered letter saying that my claim is bogus and the land registry plan I attached are bogus. If I tried to move their fence they would report me for harassment and criminal damage if something is broken. If I moved the fence without their knowledge they will simply move it back for as many times as needed. They will dispute any such claims and fight to court if they need to. 

below is generic diagram of before and after;



TLDR: I own land which just has some unmaintained trees including some with TPO. new build estate was developed adjacent to it and one of the houses in these new build estate has moved their fence by about 2 meter into my land for the entire width (6.5m) of their garden. I know they moved the fence because some protected trees in my land were ~5m away from the new estate fences but for this particular property it is just under 3m now. I sent LBA to move the fence or I will move it. they completely refuted my claims and threatened me with criminal damage, harassment if I did it myself. 

I am not sure where to go from here. Am I stuck with paying for a proper surveyor to decide the boundary? even if I paid for surveyor would they be bound to agree to the outcome or do I need to go to court (under what category)? This sounds like expensive process do I cut my loses? but to what if they or any other houses in the row do something similar ? The land in question if I am right (pretty sure I am) is ~13-14 sqm so not insignificant but not huge deal either.

canaldumidi

Well I started out thinking it was time for tea and cake, but ....perhaps not!

You have two options (other than the cake approach):

1) remove the fence. Place it on their land (it's their fence so you must return it to them). Construct your own fence on the boundary.

trouble with this is that by the sound of it your fence will last a few days at best and the two of you will keep a local fencing contractor busy for the next 12 months.....

2) apply to court for an injunction, ordering the neighbour to cease his trespass on your land.

3) pay a surveyor to write a report confirming (hopefully!) your suspicions about the boundary then present that to the neighbour (with a cake?), and/or to the court (2 above)

Oops! That's 3!

Oh! I suppose you could try geting confirmation from the developer, but I strongly suspect they a) won't be interested and b) won't remember.

BrownTrout

definitely do 3 and then 2 if needed

madteapot

canaldumidi said:

Oh! I suppose you could try geting confirmation from the developer, but I strongly suspect they a) won't be interested and b) won't remember.

Thanks for your response, I should have added that I did get in touch with developer's office and the site manager who was in-charge while it was being developed. The developer office simply refused to assist as they have no ownership of any land at the site and can't assist me with working out what that specific properties boundary line (by providing plans, drawings etc) is as I have no transactional relationship with them. The site manager has moved on from the company and relocated so not really feasible for him to assist me. Even if I offered any financial incentive I doubt he would have access to any concrete proof of site boundary after leaving company.

brianposter

When my neighbour moved his fence I was told that I should start by asking the council to intervene.

RS2OOO

Have you looked on Google Maps?

Woolsery

brianposter said:

When my neighbour moved his fence I was told that I should start by asking the council to intervene.

Why would they do that? What interest would the council have if they were not involved through ownership in some way or by interference with sight lines on the highway?

Woolsery

I think I'd go down the surveyor route. His opinion on whether encroachment could be easily proven would be of interest.

This parcel of land sounds as if it's quite large and a grab of a couple of metres needs consideration in context. In a modest private garden it would be noticeable and possibly of great detriment, but in a field the impact would be far less. The cost of recovering it needs weighing, and action to prevent any further loss will be covered by the survey. 

canaldumidi

Woolsery said:

brianposter said:

When my neighbour moved his fence I was told that I should start by asking the council to intervene.

Why would they do that? What interest would the council have if they were not involved through ownership in some way or by interference with sight lines on the highway?

There was a recent thread here which surprised me (for exactly the reason you express) where a neighbour was leaving bins and rubbish in an alleyway owned by the poster.

The neighbour had a right of access, but obviously that did not extend to blocking the alley.

Apparently the poster got the council involved on grounds of harassment I think.....

jennystarpepper

brianposter said:

When my neighbour moved his fence I was told that I should start by asking the council to intervene.

If it's not a council property you would be told it is a private matter.

Woolsery

canaldumidi said:

Woolsery said:

brianposter said:

When my neighbour moved his fence I was told that I should start by asking the council to intervene.

Why would they do that? What interest would the council have if they were not involved through ownership in some way or by interference with sight lines on the highway?

There was a recent thread here which surprised me (for exactly the reason you express) where a neighbour was leaving bins and rubbish in an alleyway owned by the poster.

The neighbour had a right of access, but obviously that did not extend to blocking the alley.

Apparently the poster got the council involved on grounds of harassment I think.....

I think the police the best ones to intervene where there is harassment. Well at least they did when someone was intimidating my elderly in-laws. One word from Plod and it ceased.

In the case of fly tipping, however, the council may well wish to be be involved. This might be the link in the case you quote. It was certainly the case when people were placing rubbish on land by me. There was no demarcation between private and council highway and refuse would just get moved from one to the other.....followed by a phone call. Again, once it was made plain that prosecution could follow without further warning, people began behaving themselves.

EDIT: I thought that was just bad behaviour, but on reflection I suppose it might have been harassment if I'd taken it that way.