Neighbour Has Stolen Bit Of Boundary!

[buffymad]

Hello

Can't work out how to add a link to my previous post (about my garden not showing up on Land Registry plans), but there's more. Hopefuly it won't impact on the sale and cause any more problems but thought I'd ask!

Having got a copy of the plan from the Street Map Index (I think), it shows that my next door neighbour has claimed a bit of our garden as his! Not sure when he registered his garden (but know its possessory title). The bit he's claimed is a hedge. When we first moved in the hedge was in between the 2 gardens. We just assumed we were both liable for it and we'd maintain our side and he'd maintain his side. No questions ever asked.

Since then, he's put up a fence on his side of the garden, ie the fence is now in front of the hedge - which makes it look like the hedge is wholly in our garden.

(1) How has he managed to do this?

(2) Should this cause any problems?

I'd go and ask him but he's a bit of an old f**t and no doubt he'd get all uppity about it (he did that once before over something and nothing!).

[Sipowicz]

If the hedge is wholly in your garden, then surely he's surrenderd his part of the hedge to you?

[aelmpvw]

unless i've misread it, if the hedge appears to be wholly in your garden doesn't that mean he has given a piece of his garden?

[bookbinder]

He hasn't stolen anything from you. He's made you a present of the hedge, so now you are entirely responsible for it. Lucky you!

[fredkins]

It sounds like that to me too, aelmpvw.buffymad It looks like he has given you a piece of his land not taken It from you.

[Sparkles62]

If the hedge is now all in your garden then surely you have ga bit of his land and not the other way around,
I would keep quiet about it if i were you. X

[Sparkles62]

^ gained a bit ^
Definately need a new keyboard

[buffymad]

The plan is marked pink to show his boundary and some of that pink colour seeps into my garden (if that makes sense). So on his plan, part of my garden (the hedge) is shown as his. I'm assuming its since then that he's put the fence up etc. He can still access the hedge, ie he'll still trim bits from his side - but if you're standing looking at the 2 gardens then yes, the hedge now appears in my garden.

Was just worried as the plans show that part is his!!

[buildersmate]

Let's be clear about this - with very very exceptions, boundary features (walls, fences and hedges) are not jointly owned. There may be a joint responsibility for maintenance but that's not the same thing. (The rare exception is a 'party fence', which is not a fence at all but a masonry structure on a party wall boundary).

Second point - boundaries shown by the Land Registry are known by them as 'General Boundaries' (again with rare exceptions). These show the legal boundary, but you cannot use the plans to scale onto the ground. The physical boundary - namely the agreed line in the ground between neighbours, which they 'agree' marks the position between land ownership is generally the line of any fence erected - because by its existence each side is maintaining up to the fence.

So as others have said, if he has put a fence down, if push came to shove, in law, a court would probably find that you owned up to the fence - which is clearly owned by him.

If you are in the process of selling, I'd do nothing. I'm unclear how or why this has become an issue for the people buying your property.

[buffymad]

Buildersmate - thank you. Well it was difficult to say where the boundaries were as my garden (and other I assume) haven't been registered. My previous post talks about that.

There's not an issue so far about the hedge and boundary and who it belongs to - but my buyer's solicitor is pulling up all sorts of questions and being quite aggressive (and that's my solicitor saying that!) - so I wouldn't be surprised if that's the next issue for them!

Just wanted to be forewarned ...

[Old_Geezer]

Boundaries are a pain. Going back some time now, I came back one weekend to find that on the previous Monday, when they knew I wasn't there, the neigbours had shoved a note into my door saying they were going to put up a new fence and if I had any objections to let them know. But by the weekend, when I was able to return and read it, they'd already put the fence up, changed the angle slightly so I no longer had room to walk down the side of my garage, and chopped down the only living plant I'd added to the garden, a small fir tree, which had been on the genuine boundary. I was livid but confess I could not be bothered to drag them through the courts and try to prove what they'd done. Some neighbours can be right bar stewards. Not sure how I manage to cope with other people sometimes.

[joko]

so what has he stolen?

he is entitled to put a fence up on his property regardless of 'what it looks like' boundary wise

[buffymad]

Originally there was just the hedge in between my garden and his. On looking at the street map index plan, his boundary encroaches onto our garden. Am assuming this may be because he put the hedge there in the first place - but I don't know. A couple of years back he put a fence on his side, beside the hedge. So to anyone looking it would appear the hedge is ours. But as I say, the plan shows that that bit of our garden, he's claimed as his! At the end of the day I personally wouldn't be bothered but worried in case buyer's solicitor makes a "thing" about this.

Neighbours, who have them eh (well the dodgy ones anyway)?!!!