Neighbour appropriated some of my garden

Post Reply
annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Neighbour appropriated some of my garden

Post by annie08 » Wed Oct 03, 2018 3:20 pm

I have a tenanted property which I have visited today as a tree in one corner at the back of the garden had come down in the recent high winds. The tree and other foliage had concealed the fact that when the property owner backing onto my property had replaced the fence last year he has encroached by at least a metre into my garden. The Land Registry title document shows the boundaries as running in a straight line between all the properties in the street but I can see there is a dog leg behind where the tree was and one in the other corner. ==****************== Symbols show the encroachment from their side. Please can someone advise me how best to tackle this issue?

despair
Posts: 16391
Joined: Mon Mar 14, 2005 7:07 am

Re: Neighbour appropriated some of my garden

Post by despair » Wed Oct 03, 2018 3:37 pm

Move the fence back to the correct line ...sounds like you need to inspect your property more often or ensure tenants keep you informed

liveinpeace
Posts: 153
Joined: Sat Dec 16, 2017 11:29 am
Number of Posts per Page: 10
Number of topics per page: 10

Re: Neighbour appropriated some of my garden

Post by liveinpeace » Wed Oct 03, 2018 4:32 pm

I am with despair on this one, if you are absolutely positive it has been moved only a year ago, and you can clearly see where it has been moved from, i would get it moved back as quietly and quickly as possible. then inform them they have to prove the fence is in the wrong place. if you enter into a dialogue they will make you prove that the fence should be moved back to where it previously was which will cost you a lot of money in solicitors fees. sadly in boundary law its the person who currently has the land(even if grabbed opportunistically) that has all the power. if it is their fencing they have used be careful not to damage it and stack it neatly on their side. you are also in the lucky position that you do not live there so will not have to deal with the bad feelings daily, that a boundary dispute creates. Also take lots of pictures of your gardens boundaries.
good luck

annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Thu Oct 04, 2018 1:03 pm

Oh heck. I was expecting less confrontational suggestions. I do regular inspections but they don't include expeditions into the undergrowth in the garden to check for encroachment on the boundaries. Am photographing the title deeds tomorrow and think I will send him a copy along with a photograph from the Rightmove website.The Estate Agents photo's show their back garden when they bought the property with the fence in its correct position.

Collaborate
Posts: 1818
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Neighbour appropriated some of my garden

Post by Collaborate » Thu Oct 04, 2018 1:07 pm

annie08 wrote:
Thu Oct 04, 2018 1:03 pm
Oh heck. I was expecting less confrontational suggestions. I do regular inspections but they don't include expeditions into the undergrowth in the garden to check for encroachment on the boundaries. Am photographing the title deeds tomorrow and think I will send him a copy along with a photograph from the Rightmove website.The Estate Agents photo's show their back garden when they bought the property with the fence in its correct position.
It's not confrontational if you do it without them noticing.

If you think that simply doing something the neighbour won't like is confrontational, you need to get yourself a better dictionary.

Helpful suggestions where someone has indulged in a bit of land grabbing which don't involve asserting your own rights can be found in the unicorn aisle of your local supermarket.

span
Posts: 1657
Joined: Sat Nov 06, 2010 1:34 am

Re: Neighbour appropriated some of my garden

Post by span » Thu Oct 04, 2018 1:37 pm

Did someone say "confrontational"?
That's my cue....

What you do is, when you move your fence back, you don't move it back to the proper previous boundary position. Instead, you move it a meter into his garden. Same as he did to you.

Goose, sauce, gander.

Collaborate
Posts: 1818
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Neighbour appropriated some of my garden

Post by Collaborate » Thu Oct 04, 2018 2:27 pm

span wrote:
Thu Oct 04, 2018 1:37 pm
Did someone say "confrontational"?
That's my cue....

What you do is, when you move your fence back, you don't move it back to the proper previous boundary position. Instead, you move it a meter into his garden. Same as he did to you.

Goose, sauce, gander.
I like your thinking...

annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Thu Oct 04, 2018 3:35 pm

My thinking is that to act without any attempt to resolve the matter amicably might result in unnecessary confrontation hence my use of that word. I also feel he should bear the cost of restoring the fence to its correct position not me.

liveinpeace
Posts: 153
Joined: Sat Dec 16, 2017 11:29 am
Number of Posts per Page: 10
Number of topics per page: 10

Re: Neighbour appropriated some of my garden

Post by liveinpeace » Thu Oct 04, 2018 3:36 pm

if some one is a decent considerate person they dont just move a fence without a conversation with their neighbour, you are only following the standard of morals set by the neighbour who has already done it. if you read the many boundary disputes on this forum people who move fences (often nicking other peoples land) are all a certain personality type, and usually very hard faced. I know non of the people I have as friends would dream of doing it, as they would never want the bad feeling and confrontation it always causes. So if you go round with your evidence the chances of them saying, "oops sorry my mistake, lets put the fence back" are as likely as you finding collaborate's unicorn isle in the supermarket, its sad but true.

annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Thu Oct 04, 2018 3:51 pm

Thank you. I will let you know what transpires!

Collaborate
Posts: 1818
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Neighbour appropriated some of my garden

Post by Collaborate » Thu Oct 04, 2018 4:00 pm

Far easier to ask for forgiveness than permission. Further, by trying to do it gently, you are somehow giving him the impression that you need his permission to remove the fence from your land and place it on his (or the boundary). This will make him (and me) think you might be something of a pushover.

annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Thu Oct 04, 2018 5:05 pm

Think I will go down the route of a strongly worded letter first. I also need to tell him the property is tenanted by an elderly gentleman with a heart condition and not to make contact him. Will report back!

SwitchRich
Posts: 210
Joined: Wed Feb 24, 2016 10:34 am

Re: Neighbour appropriated some of my garden

Post by SwitchRich » Fri Oct 05, 2018 9:06 am

A letter is easily ignored. If you want that meter of garden back then the suggestion from this forum is to take it back while being careful about handing back the fencing material.
If you prefer contact with the neighbour then go and speak to them in person, but either way you will bring attention to the matter and that will mean they will be on the lookout for action from you.

Human to human contact is always best to kick thing like this off as it gives you an instant measure of the type of person they are dealing with. If reasonable... Then you will have a nice conversation and will come to an amicable agreement to rectify the fence due to the photographic proof you seem to have. You might even offer to split to costs? If they are unreasonable and a bully they will tell you to F off and you will then have to decide if it is worth fighting for.

span
Posts: 1657
Joined: Sat Nov 06, 2010 1:34 am

Re: Neighbour appropriated some of my garden

Post by span » Fri Oct 05, 2018 9:08 am

Did he speak to you first or ask you anything before he moved the fence over into your property?

Seems to me like he's set the rules already for this.

arborlad
Posts: 8397
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour appropriated some of my garden

Post by arborlad » Fri Oct 05, 2018 10:13 am

annie08 wrote:
Wed Oct 03, 2018 3:20 pm
I have a tenanted property which I have visited today as a tree in one corner at the back of the garden had come down in the recent high winds. The tree and other foliage had concealed the fact that when the property owner backing onto my property had replaced the fence last year he has encroached by at least a metre into my garden. The Land Registry title document shows the boundaries as running in a straight line between all the properties in the street but I can see there is a dog leg behind where the tree was and one in the other corner. ==****************== Symbols show the encroachment from their side. Please can someone advise me how best to tackle this issue?



First - speak to the neighbour, it's the surest way of finding out if you've got a belligerent land-grabbing neighbour or if there is some other explanation.

However the conversation goes, have someone on standby who is able to remove the fence from your land and stacked on the neighbours land.
arborlad

smile...it confuses people

Post Reply