Have I stolen 2 inches of my neighbors garden?

Re: Have I stolen 2 inches of my neighbors garden?

Postby arborlad » Thu Mar 31, 2016 12:14 pm

Loo wrote:I have just received another solicitors letter......

She claims that her fence was installed 4 - 6 inches away from my land. And the trellis was installed in the same place. I have a photograph which proves this is not true. In my photo I can show that the gap between my fence and her trellis is 6 cm in total.



Many people disregard the true purpose of a boundary feature and place aesthetics or privacy ahead of definition and security.

With contentious and contradictory comments like the above, it is important from your own point of view that your land is effectively defined.
arborlad

smile...it confuses people
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Re: Have I stolen 2 inches of my neighbors garden?

Postby Loo » Sat Apr 30, 2016 4:17 pm

Hi All,
Only 4 weeks for this letter but its NOT from the solicitor :)

My last letter to her solicitor requested the evidence as mac suggested. I asked the solicitor to tell me the wording that he identified in the register that states I am bound by the covenant to maintain the fence. I also asked for a copy of the surveyors report. I finished the letter with "It is my intention to resolve this dispute quickly and amicably and trust you will provide the information requested in an effort to bring this to a conclusion.

So the neighbor has written...
Given that your last letter states that you want to resolve this dispute quickly and amicably, I thought it would be a positive step forward if I took over correspondence as it is quicker and less formal. However, the solicitors will continue to handle and advise and support me with specialist legal advice when necessary.

Now, moving on to the core issue of the reinstatement of the boundary fence line. I assume you have obtained the relevant land registry documents and sought legal advice on your legal obligations in relation to the boundary fence.
As you know from earlier letters to you my solicitor, both he and the surveyor stated that you are responsible for maintaining and replacing the boundary fence. I see no reason to supply you with a copy of my surveyors report as my solicitor provided you with an accurate and comprehensive summary of that report.
If you are not willing to accept the export opinion of my solicitor and surveyor then one option might be to commission your own surveyors report.
I should mention that an important factor of my solicitor and surveyor being able to make a clear finding (which is not always the case in boundary disputes) is that I was the first owner of my property and my sister was the first owner of your property. Your fence is the original boundary line and has not moved or been replaced during the years. As reported the boundary line runs in a straight line between the posts at each end. Consequently, where one of your fence post's now sits is immaterial.

My thoughts are not to respond. Or to respond with snyggapa's suggestion after cutting back the growth.

Either way I am not feeling quite so stressed :)
Loo
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Re: Have I stolen 2 inches of my neighbors garden?

Postby mr sheen » Mon May 02, 2016 2:47 pm

My reply would be simple....

I confirm receipt of your letter dated....., which does not include any of the documents that you claim support your assertions. I have taken legal advice and been advised that your assertions are without legal foundation and I have no obligations such as you suggest. I had offered to consider any evidence you had but you have failed to provide any, consequently, I now consider the matter closed.
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Re: Have I stolen 2 inches of my neighbors garden?

Postby Collaborate » Mon May 02, 2016 8:12 pm

mr sheen wrote:My reply would be simple....

I confirm receipt of your letter dated....., which does not include any of the documents that you claim support your assertions. I have taken legal advice and been advised that your assertions are without legal foundation and I have no obligations such as you suggest. I had offered to consider any evidence you had but you have failed to provide any, consequently, I now consider the matter closed.


+1
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Re: Have I stolen 2 inches of my neighbors garden?

Postby Loo » Tue May 03, 2016 8:13 am

Short, sweet and to the point. Fingers crossed this could be the end ..... :lol:
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Re: Have I stolen 2 inches of my neighbors garden?

Postby arborlad » Sat May 07, 2016 9:49 am

Loo wrote:The boundary fence line at the bottom of my garden belongs to me and is clearly marked on the deeds.



It's rare in these circumstances that the whole of your rear boundary exactly matches the rear boundary of your neighbour, it's more normal for it to be staggered so there is an overlap into the neighbours on either side, is that the case here? How long is the fence?
arborlad

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Re: Have I stolen 2 inches of my neighbors garden?

Postby Loo » Sat May 07, 2016 10:05 pm

The fence is 11 meters long and the gap is about 3.5 meters.
There is no overlap onto other neighbours property.
Lou
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Re: Have I stolen 2 inches of my neighbors garden?

Postby Loo » Mon Feb 06, 2017 4:01 pm

fence 2 small.jpg
concrete line
fence 2 small.jpg (102.52 KiB) Viewed 574 times
fence small.jpg
concrete
fence small.jpg (71.95 KiB) Viewed 574 times



Well I had 9 months of peace & quiet and now this.....

A workman appeared and began digging up 4 inches of my plants which she believes are on her land.
He then installs gravel board & short concrete posts into the ground to stop my plants growing onto her land
He hammers the posts in by the side of my fence posts and pushes at least one of my posts 2 inches back in my direction - he says she thinks my post and fence has migrated onto her land
She follows up with a letter stating that she has decided to mark out her property and stop my invasive plants from growing onto her land
She states the line for our properties is a straight line as marked on the deeds but the concrete line she has installed doesn't look very straight to me

Her demands...

My fence post is still on her land where it has migrated and I need to move it
I should replace the boundary fence that I removed 4 years ago

Should I respond or just ignore her? I am worried that if I do no nothing, it will be followed by a Solicitors letter.

Loo
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Re: Have I stolen 2 inches of my neighbors garden?

Postby Collaborate » Mon Feb 06, 2017 7:54 pm

If her gravel board is up against the boundary then her fencepost crosses the boundary. I'd reply giving her 7 days to remove the post otherwise you'll remove it yourself.

Not that I'd advise you to remove her post though - just give her a taste of her own medicine.
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Re: Have I stolen 2 inches of my neighbors garden?

Postby Loo » Mon Feb 06, 2017 10:22 pm

I don't think I can cope with any more of her letters... it is tempting though and I do believe she has crossed the boundary albeit by 3mm!
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