How to handle this boundary/fence issue?

stripling

My garage and drive border my neighbour's house. The garage protrudes a 30cm or so forward from their house. We're on a hill and their garden is a little higher. 

Years ago they put in a wooden edging that was on my drive. Meanwhile, their soil level seemed to get higher and higher - don't know why/how as I wasn't always there but maybe because of a tree they planted - a pile of rocks/rubbery membrane malarky was also piled against the wall of my garage by their down pipe. I ignored all this as I had other things to deal with.

Fast forward, the wooden edging kept breaking in sections and not only looked dire but caught my car/legs generally was a nuisance and weeds and mud would leech out and look really bad. Meanwhile, the piled up rocks etc., caused my render to start failing. I finally put my foot down and asked very nicely and with no pressure for the rocks etc.m to be taken off from my wall and the wooden 'edging' to be removed. 

Very stroppy response but finally (after a year) the rocks are gone (but my wall will need re-rendering - I will do it myself next spring.  [photo below but taken 18 months ago - the render is much worse now) 

However, my neighbour wants to put in a picket fence (fine by me as it will look better) BUT they want to put it on the concrete of my driveway where the horrible wooden edging was.  

I am not comfortable with this because not only will it be 6-8 inches over the boundary and in front of my garage (instead of meeting the corner) but if I want to change my driveway to add a flower bed or to resurface - it's in the way. Most of the other houses have a flower bed where the sloping concrete is on my drive. 

I asked them to put the posts on their land (under the soil is a visible single run of blocks that marks the boundary - so it seems sensible to me to fix the posts there then the picket fence meets the corner of the garage.)

I try to navigate these things to minimise upset - but my neighbour is insisting on putting the fence on my driveway.  I feel very pressured into accepting it but worried I'm stitching myself up further down the line. 

What's the way forward here? 

koalakoala

You have to put your foot down and just say no, it is not to go on your property

subjecttocontract

How can he insist on building his picket fence on your land/ drive ? Just be firm and say no, he can't do that. Unfortunately he's going to create a dispute but once the fence is placed in the correct position there presumably will be no dispute on your part.

michael1234

Is it crystal clear where the boundary line is? Also, perhaps you could take a recent photo a little further back. The cream rendered wall looks too thick for just a garage wall? Is there part of the house built over it ?

WIAWSNB

From what you describe, it's pretty clear where the true boundary runs, and that's tight against the outside face of your garage. I'm guessing the deeds map also shows that black boundary line as a continuation of the garage face? Although not accurate due the tiny scale, it'll be of help if it's a straight line - no kinks or doglegs - along that boundary, and showing the garage 'touching' it. 
And, the neighbouring properties in the 'hood concur with this alignment.
This means, very simply, that everything on your side of this line is your property, and vicky verka for him. If he puts anything on your side, it's 'trespassing', and you can legitimately remove it and give it back to them - after nicely asking them to do so first.
Do you have a CCTV camera covering that area, so you can monitor - and evidence - things should they need tackling? I'd suggest worth considering. Obviously not aimed at them, but down your drive from the garage, and just catching that boundary.
'Right' is on your side, but the fellow is being unreasonable and unhelpful. The onus is therefore on you to be uber-reasonable to hopefully prevent a fallout, but ultimately you do need to sort this. The most fundamental reason, which will equally affect them, is when either of you come to sell - the boundary is 'wrong'. And you both know it. And must declare it.
So you are going to have to be insistent. And what is needed is for them to clear away all of what's theirs from your land. They then need to arrange a solution to prevent it encroaching again, and this solution must be on their side of the boundary line - posts, a slope, whatever.
Your camera should pick up your conversation. Explain it must be sorted properly now, no half measures, or else it'll continue to be a declarable issue for both of you that simply won't disappear. It will need declaring, but in any case it's just wrong - as wrong as you moving your rear garden fence a foot on to their lawn.
They need to keep to their side of the line, and must also prevent their actions causing damage, likely including damp, to your garage wall.
Best they do this voluntarily. If they refuse, you can engage a landscaper to shift all of what's theirs back on their land, and sue them for the cost. And I'm 99% certain you'd win (which is why you need to evidence your reasonableness, and the opportunities you've given them). For the garage, if they refuse to clear away what's piled up against that wall, you can get a court order to allow you access to their side, and get the 'scapers to clear it - and bill them again.
Obviously, you do not at all want to do this, but needs must if they are intransigent. 
Start with pure reason; "You know where the true boundary line is, don't you? What? Um, could you fetch your deeds map, please? See? And look at Mr Grumpy on the other side - where's their boundary? Correct - brownie point..."
Once agreement is arrived at, it's, "Do you think it's ok for folk to put their stuff on other people's property? Mmm? Oh dear - it's back to basics; remind us again where the boundary line lies. Yes! Well done..." And basic Q's like, "And why should you be allowed to put your stuff on my land? Uh huh. So can I put my clothes pole on your land?" Etc.
Ok, I paraphrase, but use a train of logic to guide them, and it'll all be recorded. End with the consequences should either of you try and sell - "You will have to declare this issue - your trespass - and I tell you now buyers are going to walk away until it's resolved."
And finally, "Sodit - I'll get your stuff cleared from my property, and MoneyClaim you for the cost - and I'll I'll win. That's the last thing I want to do, but what option are you leaving me?"
Oh, if you have LegProt on your insurance, call them up. They should guide you, but many won't cover the cost of boundary disputes. This isn't a 'dispute', tho' - you presumably both agree where the boundary actually is? - but it's essentially trespass or encroachment. 
It's a complete pain, but I urge you to sort it correctly or it will continue to be an issue; everything of theirs - soil, fence, etc - must be fully on their side of the boundary.

stripling

michael1234 said:

Is it crystal clear where the boundary line is? Also, perhaps you could take a recent photo a little further back. The cream rendered wall looks too thick for just a garage wall? Is there part of the house built over it ?

Yes it's very clear. The cream rendered wall is my garage there's no house over it. It's a nice, wide garage. The neighbour's house is behind the down pipe. 

stripling

subjecttocontract said:

How can he insist on building his picket fence on your land/ drive ? Just be firm and say no, he can't do that. Unfortunately he's going to create a dispute but once the fence is placed in the correct position there presumably will be no dispute on your part.

I guess I hate disputes so I didn't push it for ages. She jumps down your throat if challenged even gently. Thus I was pleased to finally get the rocks and junk cleared from alongside my garage wall and for the neighbour to agree to do 'something' . In the rear of the property I fenced the boundary at my expense and their other neighbour fenced the other side. So they've got off lightly really.  

stripling

@WIAWSNBFrom what you describe, it's pretty clear where the true boundary runs, and that's tight against the outside face of your garage. I'm guessing the deeds map also shows that black boundary line as a continuation of the garage face? Although not accurate due the tiny scale, it'll be of help if it's a straight line - no kinks or doglegs - along that boundary, and showing the garage 'touching' it. 
And, the neighbouring properties in the 'hood concur with this alignment.

Exactly this. All the other properties have a nice clear (straight) boundary that meets the line of the garage corner, be it plants or low decorative edging or whatever. I checked them all before I spoke to my neighbour. Mine is straight too. It's easy to see. 

I don't have CCTV but I wrote a note detailing what was needed before because I was away for a couple of weeks so I figured putting it in writing was wise. I will make sure it's photographed too. I can't film it - I don't want to antagonise as far as possible. 

The rocks and crap have now gone from the side of my garage thank goodness and I'll cover the costs of rendering myself.. (I've plastered the wall with stabiliser, Toupret and paint for now and will have a go at rendering it myself next Spring - I have a winter to watch YouTube videos and learn ).

What you said about future problems with selling or whatever is what I'm worried about. Plus if I need to resurface my drive it would be very problematic. 

stripling

I guess after years of that side looking so ratty I was grateful to get 'something' done at least. 
I do appreciate the feedback, thank you. It really helps.
Sometimes it's hard to get a sufficient distance to be get the right approach although in this case the boundary is obvious really - I just hate disputes. 

WIAWSNB

stripling said:

Exactly this. All the other properties have a nice clear (straight) boundary that meets the line of the garage corner, be it plants or low decorative edging or whatever. I checked them all before I spoke to my neighbour. Mine is straight too. It's easy to see. 

I don't have CCTV but I wrote a note detailing what was needed before because I was away for a couple of weeks so I figured putting it in writing was wise. I will make sure it's photographed too. I can't film it - I don't want to antagonise as far as possible. 

The rocks and crap have now gone from the side of my garage thank goodness and I'll cover the costs of rendering myself.. (I've plastered the wall with stabiliser, Toupret and paint for now and will have a go at rendering it myself next Spring - I have a winter to watch YouTube videos and learn ).

What you said about future problems with selling or whatever is what I'm worried about. Plus if I need to resurface my drive it would be very problematic. 

If you fit a small CCTV camera on either side of your garage door, but clearly angled away from their property so it only just catches that boundary, they have no legitimate complaint. 

And then you talk to them in a calm, uber-reasonable manner (I was jesting about the words used before). But you guide them towards the obvious problem and solution. Instead of, "The boundary is there!", it's "Do you know where the true boundary is? Yes, and that's what the deeds say too - and Mr Grumpy on the other side."
Not, "You mustn't allow your stuff on my side!", but "Do you think it's ok to have...?" With follow-ups as needed should they stop replying in a reasonable manner.
Not, "Well I'm going to put some rocks on your land!", but, "Would you consider it acceptable if I, or Mr Grumpy over there, put rocks on your land? Or a fence? Of course not."

And then, "What do you think will happen when either of us comes to sell...?" "You agree it really needs sorting correctly, don't you - that is, everything on your side is yours, and ditto?" 

And then a heavy sigh if they do not agree, "Didn't want to have to say this, but if you don't remove your stuff from my land, and away from my garage wall where it's causing damage, you will be liable, so I can get someone to clear it back on your land, and give you the bill. I'll put this in writing and hand it to you tomorrow, so you are in no doubt as to what needs doing - please agree to sort this the right way - I don't want us to fall out - that's not nice for anybody."

That kind of stuff.  

If this escalates for any reason, I am telling you now that you will need evidence for how you've handled this.

They need to prevent their soil coming on to your land. That means that they need to put up the fence or retaining barrier. And that means that it must be fully on their land. 

Ditto with the garage - they have allowed/created the raised land level which will almost certainly cause some penetrating damp issues, and this must be reversed or otherwise mitigated against. 

singhini

Out of curiosity, are the other neighbouring houses on your road the same build as your two houses?

if so where is the boundary line on them (is it at the same place i.e. where the plank of wood is on your photo? or is it at the end of the rendered wall?)
Assuming similar houses have any boundary post/picket fence where the end of the rendered wall is [where i think the boundary should be], then make sure you point this out to the neighbour and make sure you don't let him put the picket fence in the same place as that plank of wood!