Neighbour dispute over boundary

loubel

What did your solicitor actually say about this land? It isn't within your title but is it within your physical boundaries?

It sounds like neighbour has noticed the unregistered land and, realising that you are a new owner, decided to make a land grab for it.

I would have expected your solicitor to investigate historical possession of it as part of your purchase and to have obtained a sworn statement from your seller as to how long they have used this area as part of the garden without dispute. I would also expect a title indemnity insurance policy to have been provided by the seller to protect you against the owner claiming it back.

As others have said, put up your own fence first so that she cannot access the disputed land. And check with your solicitor whether you have sufficient evidence of use to apply to the land registry for adverse possession.

ETA Google Maps suggests it is not part of the garden?

courtney_m7

The neighbour has already started taking her fence down and is in our property as we speak trying to clear brambles away.. I now feel like I can’t go into my kitchen and they are looking right through the window! 

Auti

She is trespassing! Can you video what she is doing and do you have someone with you so you can go out and ask her what she thinks she is doing? They can video you doing this and make you feel safer. She needs to be told to stop now and go through legal avenues as you have already checked the land in yours. Sorry can’t help more.

thegreenone

courtney_m7 said:

The neighbour has already started taking her fence down and is in our property as we speak trying to clear brambles away.. I now feel like I can’t go into my kitchen and they are looking right through the window! 

Try 101.  They may say it's a civil matter but might have advice on her entering your property without permission and you feel threatened.

ThisIsWeird

courtney_m7 said:

The neighbour has already started taking her fence down and is in our property as we speak trying to clear brambles away.. I now feel like I can’t go into my kitchen and they are looking right through the window! 

What the hell!

You NEED to do this - set your phone to record video, walk down there, and in a nicely loud (but not angry) voice say, "Stop NOW! You are trespassing on my land, and I WILL call the police if you do not leave NOW! I am recording this."

Do you have Leg Prot on your insurance? If so, call them up for advice and guidance right away.

If they do not stop and retreat, hold your phone up and say, "I am now recording the fact that you are STILL trespassing on my land, despite me instructing you to leave. If you TRULY belive that you have the right to this land - and I am informing you that you are completely wrong on this - then you tackle this the CORRECT way, and that's by taking legal advice. And you will FAIL."

You HAVE to nail this down. You HAVE to show that you have 'told' them, so they have no excuse. You HAVE to face them off.

Remember - no argument. No discussion. Just STATE the facts, record it, and call the police if they do not stop.

Are you still reading this - get the hell out there!

ThisIsWeird

thegreenone said:

courtney_m7 said:

The neighbour has already started taking her fence down and is in our property as we speak trying to clear brambles away.. I now feel like I can’t go into my kitchen and they are looking right through the window! 

Try 101.  They may say it's a civil matter but might have advice on her entering your property without permission and you feel threatened.

Yes - do NOT accept that it's a civil matter - it isn't. It's gone beyond 'civil', and they have taken physical action. Tell them it's 'trespass with criminal property damage' - they are trampling over your land, and cutting down your plants (brambles...)

user1977

Is it the OP's land? It doesn't seem very clear to me from what they've said so far.

ThisIsWeird

courtney_m7 said:

This is the neighbour to our left (looking at our property) and they have the square in their back garden too as this supposed unregistered land is running through numerous properties. We are greatly for everyone’s opinions and I’ve read online so much about boundaries and that they are never exact so it’s very confusing 

Just realised that this is your side neighbour's and not yours.
So, please either show us yours (matron!), along with the wording re the blue area, or tell us the wording in your neighb's.

loubel

The OP doesn't have a blue area in their title as they don't own the land between them and their rear neighbour.

ThisIsWeird

loubel said:

The OP doesn't have a blue area in their title as they don't own the land between them and their rear neighbour.

They appear to have a similar area, but it's not shaded blue on their much earlier map.
Courtney has been asked whether there's any written reference to that area in her deeds, but hasn't replied.
It would also be useful to know how the blue area is referred to on her LH neighb's deeds.
What does appear clear, is that the boundary line of her problem end neighbour does follow the line of the end of that blue - and Courtney's non-blue - areas, so, regardless, her end neighbour has zero claim to that land.
Courtney's 'separate' end area is included within her curtilage, and if it matches that if her LH neighbour's blue equivalent, that would be a strong suggestion that it's her's.
Def not end neighb's. 
I wonder if this end neighbour is confusing her boundary with the 'parish' line seen in Courtney's first map? Whereas the adjacent dotted line appears to represent the property boundaries. But surely her end neighbour is following the very obvious solid line in her own deeds, which will surely match that of her own side neighbours? Is she trying to step out beyond everyone else's boundary?
Lots we don't know.