danniuk2000 Posted July 4, 2010 Share Posted July 4, 2010 About 2 years ago some people bought the house directly behind me. When they moved in they took down a 6 foot fence and replaced it with a 5 foot fence. Although it is a bit small for my liking that's not the issue. We have just put up a shed on our back garden and noticed that the cheeky b**gers have nicked about 3ft of our garden!! So my first dilemma is how do we prove this is our land and how do we get it back? I have checked the deeds and there are no measurements for the gardens but there is a picture showing that all the boundaries accross the back are in the same place for all the properties. It is a shared boundary and so we are both responsible for it. My second dilemma is with my neighbours to the right. This isn't my boundary. When the fence blew down about 2 years ago they refused to have it repaired/replaced saying it was mine. As I understand the fence was put up about 20 years ago by the people who lived in the house I own. It is also about a foot onto my property and not where the original boundaries were. I now have quite a small garden lol!!! Anyway one of our other neighbours bought and built another fence and my neighbour refused to pay him saying that it was my fence and I should pay for it so now he says he's going to take it down. Although I have refused him access to my property to remove it so he can't actually do it. And so where do I stand with this. I know that the boundary to the right is definitely not mine and the fence on there is absolutely knackered (20 years) Is there a legal way I can get my neighbour to replace the fence? BTW although it may not sound like it I do actually get on with my neighbour to the right, he just doen't like it when I'm right. When it first happened and we had a row, I told him I was a motrtgage advisor and he slammed the door in my face cos he had no arguement left!!!:loopy: Link to comment Share on other sites More sharing options...
katy1981 Posted July 4, 2010 Share Posted July 4, 2010 About 2 years ago some people bought the house directly behind me. When they moved in they took down a 6 foot fence and replaced it with a 5 foot fence. Although it is a bit small for my liking that's not the issue. We have just put up a shed on our back garden and noticed that the cheeky b**gers have nicked about 3ft of our garden!! So my first dilemma is how do we prove this is our land and how do we get it back? I have checked the deeds and there are no measurements for the gardens but there is a picture showing that all the boundaries accross the back are in the same place for all the properties. It is a shared boundary and so we are both responsible for it. My second dilemma is with my neighbours to the right. This isn't my boundary. When the fence blew down about 2 years ago they refused to have it repaired/replaced saying it was mine. As I understand the fence was put up about 20 years ago by the people who lived in the house I own. It is also about a foot onto my property and not where the original boundaries were. I now have quite a small garden lol!!! Anyway one of our other neighbours bought and built another fence and my neighbour refused to pay him saying that it was my fence and I should pay for it so now he says he's going to take it down. Although I have refused him access to my property to remove it so he can't actually do it. And so where do I stand with this. I know that the boundary to the right is definitely not mine and the fence on there is absolutely knackered (20 years) Is there a legal way I can get my neighbour to replace the fence? BTW although it may not sound like it I do actually get on with my neighbour to the right, he just doen't like it when I'm right. When it first happened and we had a row, I told him I was a motrtgage advisor and he slammed the door in my face cos he had no arguement left!!!:loopy: firstly you need to look at your deeds again there should be measurements on there somewhere or get an architect to look them for you. if the neighbours behind you have indeed taken some of your land you should speak to a solicitor but first you should make sure regarding your deeds and measurements. i should warn you that these things can get very messy. i replaced my fence a couple of years ago on all sides i didnt care whos it was it needed doin but my neighbour got the face on cos it was a big fancy expensive one so i told him i would be willing to go halfs on a better one if he wanted to as i couldnt afford it all but he wasnt willing so i said the original one would be stayin and since then we havnt spoken much. second one regarding neightbours to your right again if it is on your land see solicator regarding it. if its yours they must give it back! and im not sure what you mean by your last bit about another neighbour put a fence up and the neightbour to your right is refusing to pay for it as he says its yours? how can you be sure it isnt your boundry? again you really need to get a proffesionall to look at your deeds and then come out and measure up properly id advice tapeing it out onto your garden as it states on your deeds as this will give you a better impression of how much space your missing. good luck with it. Link to comment Share on other sites More sharing options...
WOOFY Posted July 4, 2010 Share Posted July 4, 2010 Like Katy says boundary disputes can get really messy and are generally settled through Solicitors/Courts etc. I would go to the Citizens Advice Bureau and get some free advice to see how you stand before you start paying out Solicitors fee's. Good luck!! Link to comment Share on other sites More sharing options...
Fantasia X Posted July 4, 2010 Share Posted July 4, 2010 I believe you can call someone out from the Nottingham Land Registry to define the boundary but again i guess there will be a fee charged. Link to comment Share on other sites More sharing options...
danniuk2000 Posted July 4, 2010 Author Share Posted July 4, 2010 Thanks, I know they can get messy.I've had many rows with my neighbours on the right. It's definitely their boundary. I've checked the deeds. Looks like it's going to have to be a citizens advice jobby. I haven't really got an issue with the fence on the right, other than it could do with replacement as it's falling apart. 3 of the panels blew down, they asked a neighbour across the road to fix it then refused to pay him after he'd done it. They are terraced houses but you can get access to the back gardens from a gate at the side of our house, the only way our 'across the road' neighbour can get to take the fence down is by way of our property but we have refused him saying it's between him and them, nothing to do with us. I have a copy of the deeds so I will check them again but i'm sure I'm right. You can see when you look from the back bedroom window that his fence is about 3 to 4 foot onto our garden. All the other boundaries are in the same place for all the other properties on our block, there's a visible line all the way down where the gardens meet. This is also what the deeds show. Link to comment Share on other sites More sharing options...
crookesey Posted July 4, 2010 Share Posted July 4, 2010 I can't recall the actual details, but our next door neighbours complained that we had encroached circa 2" onto their land when we had our garage built around 20 years ago, they made a right song and dance about it. The planning official who got involved told us that in cases like these, they treat the boundry line on the deeds as being something like 12" wide (I'm fairly sure that it was 12", but can't swear to it). Strangely enough the have just errected one of those fences with concrete posts and wooden inserts, and have left us with a foot width length of their garden to the front of the offending garage. Link to comment Share on other sites More sharing options...
Danield Posted July 4, 2010 Share Posted July 4, 2010 Whoops. When I read the title I felt almost certain that this thread was going to concern the events of 1066. Link to comment Share on other sites More sharing options...
mafya Posted July 4, 2010 Share Posted July 4, 2010 About 2 years ago some people bought the house directly behind me. When they moved in they took down a 6 foot fence and replaced it with a 5 foot fence. Although it is a bit small for my liking that's not the issue. We have just put up a shed on our back garden and noticed that the cheeky b**gers have nicked about 3ft of our garden!! So my first dilemma is how do we prove this is our land and how do we get it back? I have checked the deeds and there are no measurements for the gardens but there is a picture showing that all the boundaries accross the back are in the same place for all the properties. It is a shared boundary and so we are both responsible for it. My second dilemma is with my neighbours to the right. This isn't my boundary. When the fence blew down about 2 years ago they refused to have it repaired/replaced saying it was mine. As I understand the fence was put up about 20 years ago by the people who lived in the house I own. It is also about a foot onto my property and not where the original boundaries were. I now have quite a small garden lol!!! Anyway one of our other neighbours bought and built another fence and my neighbour refused to pay him saying that it was my fence and I should pay for it so now he says he's going to take it down. Although I have refused him access to my property to remove it so he can't actually do it. And so where do I stand with this. I know that the boundary to the right is definitely not mine and the fence on there is absolutely knackered (20 years) Is there a legal way I can get my neighbour to replace the fence? BTW although it may not sound like it I do actually get on with my neighbour to the right, he just doen't like it when I'm right. When it first happened and we had a row, I told him I was a motrtgage advisor and he slammed the door in my face cos he had no arguement left!!!:loopy: My understanding is that the left hand side boundry in your garden belongs to you and the right hand side belongs to the neighbour on the right. Regarding the house behind you, I would show them a copy of the deeds showing the boundry line of all the gardens and point out that they are over it and do they mind adjusting it, hopefully they may realise their error. If they refuse or start being funny then tell them they will be hearing from your solicitor and because they are obviously in the wrong you will also be seeking costs and damages etc. Link to comment Share on other sites More sharing options...
crookesey Posted July 4, 2010 Share Posted July 4, 2010 My understanding is that the left hand side boundry in your garden belongs to you and the right hand side belongs to the neighbour on the right. Regarding the house behind you, I would show them a copy of the deeds showing the boundry line of all the gardens and point out that they are over it and do they mind adjusting it, hopefully they may realise their error. If they refuse or start being funny then tell them they will be hearing from your solicitor and because they are obviously in the wrong you will also be seeking costs and damages etc. Have a look at your home contents insurance policy and see if it covers legal expenses, if it does give them a call. Link to comment Share on other sites More sharing options...
lyndseyDIZ Posted July 4, 2010 Share Posted July 4, 2010 Have a look on google earth to see if it shows the old fence, have you any pictures that prove the location of the original boundry? You could also try to download a copy of your neighbours deeds showing the boundry from the land registry. Link to comment Share on other sites More sharing options...
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