my neighbour

Let everyone have the same pleasure as you derive from your garden -- or perhaps a friends garden
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Joined: Mon Aug 17, 2009 6:10 pm

my neighbour

Post by robfix » Mon Aug 17, 2009 6:38 pm

Hi I’m new to this site
This is my tale
Almost 20 year ago I purchased a terraced house. The back garden was over grown and the boundary fences were rotten so I set about cleaning the garden up and repairing the fences, the neighbours garden was the same but with no fence between the two gardens so I cleaned that up as well, I had no intention of making a claim on his garden, but for Nearly 20 years I’ve kept it clean and tidy and maintained the fences around the outside off the gardens. Now when we were planning to have my daughter’s 12th birthday party down there the neighbour popped his head over the fence and said that’s my half of the garden and you aren’t having a party there. He has never had access to the garden because the only access is through my garage because I renewed the fence were he once had access.
So I said to him ok u can have your half of the garden back after the party and you can look after it, but now after we have come back from a 4 day break he has cut a hole in the fence started putting up a new fence between the 2 gardens which is running out by about 5 foot from where it should be in my opinion so I started to take it down.
So now my back is up because after 20 years of looking after the gardens he can do that so I’d like to know can I keep the whole garden or do I have to let him put up the fence.
Thanks Robfix

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Post by Klingon » Tue Aug 18, 2009 9:14 am

Oh God!

Well, unless you meant to accept his assertion it was his garden, you probably should not have said 'OK, you can have it back', etc. He could use that to say you agreed with his position, although there's nothing in writing, I assume?

Deeds? What do they say, if anything? Any red lines, measurements? You do imply that the garden wasn't yours at the outset, so merely having looked after it does not necessarily mean you own it now.

Any evidence in writing or witnessed that your neighbour has been happy or unhappy with the situation for the past 20 years? If he has always been unhappy and knew you were using the garden as though it were your own, then it could be an adverse possession case. It's up to you whether you think that's not only the legally but also morally correct thing to do.


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Post by Pretty » Mon Jun 21, 2010 5:04 pm

If you have had that bit of garden fenced off for 20 years then get hold of the land registry as you have basically gone over the 12 years as thats all you need to get legal papers to own it forever. Yes he can appose it but you have used it, fenced it off and looked after it for 20 years and they will see that as long as you can prove when you moved in and when it was fenced off they will tell him to go away and it will be all yours even if you did say "oh have your half back then" its not in writing with a solicitor so....

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Post by ukmicky » Mon Jun 21, 2010 8:34 pm

Its not as easy and as simple as Pretty has tried to make out ,12 years adverse possession will not guarantee anything.

If you wish to try go see a solicitor but gaining ownership rights to someones garden you knew was not yours is slim.

Best thing you can do is site a fence on the boundary line,don't be tempted to try and nick a bit and then get on with your life.

As for you Pretty if you read a few post on this site before commenting on anything else you may learn a few things and actually get something right.
Any information provided is not legal advice and you are advised to gain a professional opinion

Anna TV Producer
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Re: my neighbour

Post by Anna TV Producer » Wed Mar 02, 2011 11:29 am

Did you ever resolve this neighbour issue? I'm a TV producer making a programme where a panel of lawyers hear cases and offer advice and potentially arbitration or pro bono assistance. If you'd like to talk to me, please call my direct line 020 7529 9549. Many thanks, Anna Bonaddio

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