Boundary put in wrong place by builders

Chloe_G

Not a useful addition to the discussion - but I am impressed that you can reverse into the garage!

RHemmings

First, I'm no expert, just a random person on the internet. However, looking at the actual title plans, particularly the zoomed in one, it appears to me that the gravel strip and part of that front garden belong to you. The border between your property and the next property is not a straight line, but changes at the front of your garage, seemingly following that small bit of fence between the garage and the house. 

This is of limited use, because the people you need to (or may need to) convince of that are not random people on the internet but various professional people. Possibly including a court of law. But, for what it's worth, it does look, to me, like that strip belongs to you, not them. 

The question is how to put that into action. The laws on adverse possession were tightened up in favour of the claimee (which would be you) if there is any such claim. So, some of the 'horror stories' out there are out of date and your position should be better. However, it might still be worthwhile making sure that you continue using the land and that your neighbour is not having exclusive use of it.

If I was in your position, OP, I would politely but formally, in writing, explain that the gravel strip is yours, and that you will be putting your bins there, attaching the title plans. However, if I am to take a wild guess as to what will happen, your neighbour will continue the dispute. However, remember that I'm just a random person on the internet. It would cost, but legal advice is available. 

bobster2

Turns out there is an identifiable detail on your plan (so you might want to delete it). And I've looked at the estate under construction.

Looks like the builders created this confusion by putting in this unnecessary gravel strip - rather than tarmac all the away across. Using Google streetview can see there are other houses on the estate where a gravel strip like that does obviously below to the adjacent house (because it's between them and their driveway. So this may have created the impression in your neighbour's mind that gravel strips belong to the house it adjoins.

ThisIsWeird

Darleydame, do you have Legal Protection in you house insurance?
Your plans do seem to be very clear about ownership of that gravel strip, which continues to the road, and little doubt that you could fully reclaim it all if you wished. You certainly should make them aware of the facts.
I think your suggested compromise of using your gravelled section for your own purposes - as you are almost certainly entitled to - but permitting them to continue incorporating your land into their physical garden layout as one piece at the front is considerate and reasonable of you, and could also be a very useful lever for them to accept your proffered compromise.
If you have LegProt, then call them up first for advice and guidance - you'll want to handle this the correct way, in case you subsequently need to call on their full assistance later on.
I'd hope the way forward would be via a letter that outlined the facts, but also demonstrates your reasonableness. This would include the plans and deeds maps for both properties, and the clear indication that all of this strip is yours. Add that you intend to use the gravel strip for your bins, so as to keep the driveway as clear and accessible as possible, but that you will ensure the bins will not make contact with their house wall. Then explain that you are happy for the existing front garden section to continue as it is, perhaps adding a bit of flattery about how good they made it look. Your words about giving permission for this would need to be legally correct...
End with, "If you wish to discuss any of this, I'd be happy to." Make sure you evidence handing over/posting this letter.
Give them a few days to mull and make contact, and then move your bins back on to your gravel.
If they complain, you can gently explain that the plans are unambiguous on ownership, and if they are silly enough to challenge this, then they WILL lose, and it'll cost them. Furthermore, you will then feel obliged to correct all of the border in order to prevent any future issues - "and that could unfortunately require your lovely shrubs to be removed."
LegProt should then step in to assist you should they begin to trespass and move your bins - I understand it's easier for them to 'defend' a situation than to take action; the onus is on the claimant to provide evidence for their action.
Your unimpeachable reasonableness, and willingness to compromise, will almost certainly serve them very badly in front of an adjudicator if it gets to this. Or during mediation, which will likely be suggested as the first step.
Meanwhile, write down a chronological account of every comment you've had with them, and what was said and done, as verbatim as possible.

Doozergirl

bobster2 said:

Turns out there is an identifiable detail on your plan (so you might want to delete it). And I've looked at the estate under construction.

Looks like the builders created this confusion by putting in this unnecessary gravel strip - rather than tarmac all the away across. Using Google streetview can see there are other houses on the estate where a gravel strip like that does obviously below to the adjacent house (because it's between them and their driveway. So this may have created the impression in your neighbour's mind that gravel strips belong to the house it adjoins.

The gravel protects the integrity of the damp proof course.  It isn't unnecessary. 

It's not good practice to run hard standing right up to a house wall, particularly where there is a change in ground level that would cause water to run towards the house.   That's why the gravel is there.  

chrisw

You definitely need to raise it with the neighbours, they might be tempted to erect a fence along the edge of your driveway which would make opening car doors difficult.

SiliconChip

As an alternative to getting into what may become a messy dispute with your neighbour, why don't you allow them to take ownership of the strip (it makes more sense for it to be their property anyway) as long as they do the paperwork and pay any costs?

ProDave

Yes all is revealed now.  Contrary to what you previously said the boundary is NOT a straight line but stepped, so you do in fact own the gravel up to their house wall, and in fact a little strip of their front garden following that line about where the trunks of those two bushes are.

Just check your neighbours title plan shows the same and your case is clear that you can put your bins on your gravel strip.  

Re overhangs.  They are not going to complain about your garage eaves overhanging their garden or you would counter complain about their house eaves overhanging your gravel strip.  To be really correct there would be a clause in the deeds to allow that.

bobster2

Doozergirl said:

bobster2 said:

Turns out there is an identifiable detail on your plan (so you might want to delete it). And I've looked at the estate under construction.

Looks like the builders created this confusion by putting in this unnecessary gravel strip - rather than tarmac all the away across. Using Google streetview can see there are other houses on the estate where a gravel strip like that does obviously below to the adjacent house (because it's between them and their driveway. So this may have created the impression in your neighbour's mind that gravel strips belong to the house it adjoins.

The gravel protects the integrity of the damp proof course.  It isn't unnecessary. 

It's not good practice to run hard standing right up to a house wall, particularly where there is a change in ground level that would cause water to run towards the house.   That's why the gravel is there.  

Well that may be the case - but the majority of the houses on the OP's estate (not naming it) have the hard standing right up to the house walls. In the other cases where gravel is used - it's clearly between a house and the drive that belongs to that house (hence the confusion with OP's house).

They are mostly like this (which OP will recognise from a nearby house)...

And here's an example from a double drive where the gravel strip clearly belongs to the adjoining house. If OP's neighour looks at this (instead of deeds) they'll get the wrong impression that they own the strip.

darleydame

Thanks @bobster2 but it seems its a bit too late to remove identifying detail as you have noted where I live already!