How to handle this boundary/fence issue?

stripling

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

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. 

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. 

[Dunno what happened with the quote formatting 🤦🏻‍♀️] 

Yes, the raised land and rocks did cause penetrating damp inside the garage and the render on the lower part is totally hollow and clinging on by a thread. And that's what I think too she needs to prevent the soil coming onto my drive. The mud is red and makes an awful mess in winter. 

Thanks for the 'negotiating tactics' - very helpful.  

stripling

singhini said:

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!

Yes on my side they're the same. Look at this one - there's low metal edging on the boundary side of the flower bed which is aligned with the edge of the garage : 

singhini

@stripling - Yes i can see the metal edging. 
Perfect 👍

As polite as you can be, emphasis that you too want the picket fence in the same place as the metal edging becoz you too want to install a flower border. 

i would also follow this up by actually planting some flowers and creating a flower border (both Winter Heliotrope and Mahonia will flower Nov to Jan, Snowdrops flower Jan to March, Daffodils Fen to April and Bluebells March to April).

WIAWSNB

singhini said:

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!

Edit: I see that the OP has addressed this :-)

That's the 'Mr Grumpies' I was referring to - the OP has suggested that most of the properties have flowerbeds where the slopes are, so a border within the neighbouring boundary as it should. Yes, it's very helpful to be able to point this out; "See Mr Grumpy's house? Where is their boundary? And Mrs Pegwick? Yup...."

LightFlare

The other option if you are 100% certain of the boundary is to define it yourself.

WIAWSNB

stripling said:

Yes, the raised land and rocks did cause penetrating damp inside the garage and the render on the lower part is totally hollow and clinging on by a thread. And that's what I think too she needs to prevent the soil coming onto my drive. The mud is red and makes an awful mess in winter. 
Thanks for the 'negotiating tactics' - very helpful.  

Pleased.

Collect that evidence, too, to support - if you can take pics of any obvious damp. 

By the other 'evidence' I mentioned, I mean to demonstrate how completely calm and reasonable you are behaving during this, especially if the neighbour is being patently unreasonable - which they are. But it's very likely perfectly turnaroundable with just a nice chat explaining it will always be an issue, for both sides, if unresolved. 

This encroachment will never become a 'right', will never become their land - unless you were to rewrite your deeds, which is clearly silly. So they need to be brought to the position of understanding this. 

It also ain't a case of 'compromise', such as you/they move their soil back a few inches closer to their boundary, but that they must not put anything of theirs on your land, ie over the true boundary line. Anything else is a fudge, and will remain an issue that must - legally - be declared should either one of you try and sell. Therefore, it must be sorted correctly, and there is only one correct solution.

This is why CCTV is so helpful - it'll capture what is being said by both parties. Otherwise, what if they just claimed, "You said if I move the soil back a bit, I could put my fence there...!" How would you counter this? Why would you want to be in the position of even having to!

If you don't have CCTV, then have your phone set to record before you speak to them. This is legal - you keep that file secure, and don't show it to anyone. It is only for use when required and justified. 

Another method is to approach them when you have a 'visitor' - a witness - someone who looks 'credible', and who knows what's going on. If they are present, it'll focus the neighbour's mind when you chat - they will almost certainly not claim anything 'silly' like "I am allowed to have my fence on your side..." or "I don't need to move my soil...". 

Your neighbour almost certainly knows the true situation. They are being lazy. 

Gently gently, smiley smiley. I know it's deeply unpleasant (believe me, I know), but remind yourself - it does need to be sorted, and fully correctly. 

WIAWSNB

LightFlare said:

The other option if you are 100% certain of the boundary is to define it yourself.

Indeed.

That's the mini-nuclear option, unless it's done with their recorded agreement.

After giving reasonable warning, Stripling could get this land and debris moved either back over the boundary, or bagged and placed on their drive. And could - if they follow the correct legal steps - employ someone to do this, and sue the neighbour for the cost. 

But, what then? How will Stripling prevent the soil from coming back? Put up their own retainer? Lose at least 3" of driveway? At their cost?

Or, if not with the neighbour's agreement, how will relations be? 

But, yes, the ultimate option.

TELLIT01

Stick to your guns and say they cannot put their fence on your land, and that is not negotiable.