Neighbour encroaching my garden

Duckdoodles

DRP said:

Duckdoodles said:

Have a look at tBendy_House said:

DanDare999 said:

It's a fence. If I can figure out how to get a winter view, it might be more clear. Basically, if I walk along the fence on that side, my walk ends at the compost heap because of the fence they have put there at 90 degrees. However, if I move to the left, my garden goes on for about a meter and a half or so, up to a wall, which faces that concrete looking rectangle box.

does that mean the neighbour has removed your fence, or that your fence never actually continued all the way to the concrete rectangle (garage?)

That's what I don't know because it was behind a lot of foliage and a tree. She's saying no, it was always like that. She just put another fence where my fence already was. 

Bendy_House

If that was an alleyway they had no entitlement to, then - yes - they have taken over a fair chunk of it. But, so has green-cross :-)

You ready to upset TWO neighbours?!

But, if you can show that the ex-alleyway IS either a RoW or is still owned by the council, for example, then it is surely the only lever you will need to sort this. You can now tell the neighbour to SHIFT her compost heap AND reinstate the correct fence line, or else you will 'be obliged to take this further', and 'that will likely expose other associated issues which I fear will impact on the other neighbour too'. 'And it will all have been caused by YOUR trespassing, and YOUR refusal to sort out your mistake in a reasonable way.' "Man, I wouldn't like to be in your shoes if this needs to go 'legal' - I suspect your neighbour will be quite upset at what you've done..."

(Ie, not 'coercion' or 'blackmail', but a simple statement of unavoidable fact.)

Make it clear that you are adamant about sorting this boundary for the two reasons mentioned before; (a) it's the right thing to do, end of, and (b) it'll prevent any future boundary disputes whenever either of us comes to sell. Ie, you are super-reasonable. They are twits.

Bendy_House

Duckdoodles said:

It's a fence. If I can figure out how to get a winter view, it might be more clear. Basically, if I walk along the fence on that side, my walk ends at the compost heap because of the fence they have put there at 90 degrees. However, if I move to the left, my garden goes on for about a meter and a half or so, up to a wall, which faces that concrete looking rectangle box.

Any chance of a photo of this, please?

Duckdoodles

Bendy_House said:

Duckdoodles said:

It's a fence. If I can figure out how to get a winter view, it might be more clear. Basically, if I walk along the fence on that side, my walk ends at the compost heap because of the fence they have put there at 90 degrees. However, if I move to the left, my garden goes on for about a meter and a half or so, up to a wall, which faces that concrete looking rectangle box.

Any chance of a photo of this, please?

I managed to find 2! I think the compost box is mainly in my bit. I thought it might be half and half but looking at the pics again, I think it's fully in it. First pic is looking over the right angle fence. And second pic- the fence on right is the fence that runs along the right hand side of my land. 

Bendy_House

Can't see no pics.

Anyhoo, once you find out about that alleyway (if it's good news for you), then another lever - if the neighbour is still reticent - is to approach green cross neighbour and explain what's going on. "Just to let you know, I have a minor boundary issue with X neighbour where they have cheekily taken over a corner of my garden for a compost bin - I KNOW! The CHEEK! - and I need to get it sorted out, as boundaries need to be very clear when I come to sell, and also, she just shouldn't have done it! She isn't being responsive, tho', and I fear that when I take the matter further, it'll reveal issues with other land I think she has taken over. I don't know if it's in your interest to have a quiet word with her? Ta muchly..."

As before, this is your call to make.

Duckdoodles

Bendy_House said:

If that was an alleyway they had no entitlement to, then - yes - they have taken over a fair chunk of it. But, so has green-cross :-)

You ready to upset TWO neighbours?!

But, if you can show that the ex-alleyway IS either a RoW or is still owned by the council, for example, then it is surely the only lever you will need to sort this. You can now tell the neighbour to SHIFT her compost heap AND reinstate the correct fence line, or else you will 'be obliged to take this further', and 'that will likely expose other associated issues which I fear will impact on the other neighbour too'. 'And it will all have been caused by YOUR trespassing, and YOUR refusal to sort out your mistake in a reasonable way.' "Man, I wouldn't like to be in your shoes if this needs to go 'legal' - I suspect your neighbour will be quite upset at what you've done..."

(Ie, not 'coercion' or 'blackmail', but a simple statement of unavoidable fact.)

Make it clear that you are adamant about sorting this boundary for the two reasons mentioned before; (a) it's the right thing to do, end of, and (b) it'll prevent any future boundary disputes whenever either of us comes to sell. Ie, you are super-reasonable. They are twits.

She said something about the council having given the alley way to the homeowners some time ago- apparently, it used to run down the bottom of all of the houses on my row of houses. Green cross- seeing as it's showing on my deed, maybe they had that approved?

It's the bit above the dotted line that doesn't look like it's been formally done, because it's been fenced into her garden but isn't showing on the boundary lines deed above. At the end of that dotted line is the end of my garden so in theory people could walk up to my garden from the back if the alleyway were still there. I guess I could call the council to check.  

DRP

does the right angle fence look like it was put up the same time as the boundary fence? Looks lthe same in the picture, and doesn't look particularly new...

Duckdoodles

DRP said:

does the right angle fence look like it was put up the same time as the boundary fence? Looks lthe same in the picture, and doesn't look particularly new...

The right-angle fence isn't the same as my fence on the right. It was completely covered in ivy so can't be sure exactly how old it is. Does it matter? 

Bendy_House

Duckdoodles said:

Bendy_House said:

If that was an alleyway they had no entitlement to, then - yes - they have taken over a fair chunk of it. But, so has green-cross :-)

You ready to upset TWO neighbours?!

But, if you can show that the ex-alleyway IS either a RoW or is still owned by the council, for example, then it is surely the only lever you will need to sort this. You can now tell the neighbour to SHIFT her compost heap AND reinstate the correct fence line, or else you will 'be obliged to take this further', and 'that will likely expose other associated issues which I fear will impact on the other neighbour too'. 'And it will all have been caused by YOUR trespassing, and YOUR refusal to sort out your mistake in a reasonable way.' "Man, I wouldn't like to be in your shoes if this needs to go 'legal' - I suspect your neighbour will be quite upset at what you've done..."

(Ie, not 'coercion' or 'blackmail', but a simple statement of unavoidable fact.)

Make it clear that you are adamant about sorting this boundary for the two reasons mentioned before; (a) it's the right thing to do, end of, and (b) it'll prevent any future boundary disputes whenever either of us comes to sell. Ie, you are super-reasonable. They are twits.

She said something about the council having given the alley way to the homeowners some time ago- apparently, it used to run down the bottom of all of the houses on my row of houses. Green cross- seeing as it's showing on my deed, maybe they had that approved?

It's the bit above the dotted line that doesn't look like it's been formally done, because it's been fenced into her garden but isn't showing on the boundary lines deed above. At the end of that dotted line is the end of my garden so in theory people could walk up to my garden from the back if the alleyway were still there. I guess I could call the council to check.  

Yes you could!

But, once you do, the 'lever' has gone, and you might be in full-blown dispute.

Or, the council DID hand over that land, and the lever never existed.

It would be worth judging her reaction first, I think.

Bendy_House

Duckdoodles said:

I managed to find 2! I think the compost box is mainly in my bit. I thought it might be half and half but looking at the pics again, I think it's fully in it. First pic is looking over the right angle fence. And second pic- the fence on right is the fence that runs along the right hand side of my land. 

I see them now.

WOW! That ain't subtle!

If you are sure of the main boundary fence location, then that's an outright intrusion.

Oh Ma Gawd!