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We live on a hill and overlook the neighbour at the bottom of the garden. A previous owner had built a retaining wall some 8 feet high about 5 feet from the boundary which holds our garden. The space left between the wall and the boundary had conifers in it so giving all parties privacy. The conifers were not kept in check and grew too high so the neighbour employed a company to cut them down. He did this when the house was empty for over 12 months between sales. He also attempted to cut down my neighbour's large sycamore tree but he stopped him as this tree helps to hold his garden in place. He then asked his neighbour to the right if she wanted him to cut down the 4 trees between our house and hers where there is a boundary overlap. She said yes and so all the conifers were cut down to stumps which are now dead.
The result is that when sat in the garden we overlook both properties and one has accused us of looking into their windows. So, not wanting to fall out as new owners, I spoke with the neighbour who instigated the tree felling. He told me that the space between the properties had become overgrown and derelict so he decided to tidy it up. He built a wall using concrete gravel boards and slotted concrete posts which are concreted into the ground midway between the boundary and the retaining wall. He then planted shrubs and small trees in the area on his side of his new wall. To access this area from his side requires ladders as his garden wall is 6 feet high. I can walk straight on to it. From time to time he placed pots and ornaments on his wall and the land.
When we bought the house, it had been empty for around 15 months. The seller's statement made no mention of a boundary dispute or change to it. So I told the neighbour that I would plant some new conifers all the way along and keep them neatly trimmed as a hedge directly in front of the retaining wall in the area between his concrete sectional wall and the retaining wall. He even agreed to help with the trimming. However, before I had got around to planting the conifers we noticed members of his family climbing the retaining wall and coming into our garden. The oldest lad was around 16/17 years old and looking over the retaining wall saw him gardening. He and the neighbour had drilled our retaining wall and fixed batons along it at several levels. They had planted tomatoes and were growing them up against the wall. I told them to stop immediately and said I wanted everything removed as the land was shown on the deeds as ours. The neighbour was not best pleased so I gave him 14 days to remove it all. He did not so I pulled up all the plants and removed all the batons and screws. I dug over the land and planted the conifers. Everything quietened down for about 6 months.
Out of the blue the neighbour decided to build a raised deck in his back garden on top of his garage without planning permission. After a battle with the council, he was told to remove it as no planning permission would be given. His neighbour to the right was furious as he could now look straight into her bedroom at close quarters. Two other neighbours and us objected and he became quite anti but did remove the decking over a 6 month period. This started the dispute between us. Each time I was in the garden he would start on about how he had cleared the space and he should have objected to the retaining wall. As a result I copied him the deeds and plans and sent them to him explaining our position in a letter. I made it clear all the land beyond his rear wall did not belong to him and to remove his concrete wall and shrubs. He came round to see me to discuss it in a friendly way. He agreed the land was not his and that he would remove the wall. He did nothing.
I began to dismantle the sectional wall to reduce it to a much lower height. I left the sections on top of his wall but inadvertently caught one of the pots on the wall and broke it. He was not immediately about so I waited till the next day to speak to him. However, his 'girlfriend' (his wife was killed in a road accident 18 months ago) came flying out the house and started shouting, accusing me of all sorts. She wanted to know why I had not gone round to discuss the removal of the sectional wall. Pointing out we had the conversation 18 months ago, and all was agreed, she launched into a tirade. The neighbour then appeared and naturally took her side. Throughout a 10 minute conversation it was obvious he was still angry about the planning permission. However, he did accept that the wall was going to come down but he refused to accept why I wanted to return the boundary to its rightful place. I said I was sorry for breaking the pot and would pay or get another. He then said he had photos of the land showing it overgrown and unused 34 years ago when he moved in (our house was built in 1985). In the end he said do what you want and left.
The neighbours on my street who have been in their houses since they were built categorically state the land was not unused or unclaimed. They also state the retaining wall was built around 15-20 years ago. They say that the 2 previous owners of our house are highly unlikely to have even spoken with the neighbour let alone given permission to garden or build on it and that all the work was done when the house was empty for long periods. The concrete wall makes it difficult to get access to trim the conifer hedge and needs to come down. I have offered to cut the hedge to any height the neighbour wants to give him privacy. Originally he was in full agreement about the wall and the 'land grab' but now his girlfriend has intervened he appears to be changing tack. The boundary is quite clear between his street and ours and matches the plans exactly.
So, having read all this, what advice would you recommend? Thanks.
The result is that when sat in the garden we overlook both properties and one has accused us of looking into their windows. So, not wanting to fall out as new owners, I spoke with the neighbour who instigated the tree felling. He told me that the space between the properties had become overgrown and derelict so he decided to tidy it up. He built a wall using concrete gravel boards and slotted concrete posts which are concreted into the ground midway between the boundary and the retaining wall. He then planted shrubs and small trees in the area on his side of his new wall. To access this area from his side requires ladders as his garden wall is 6 feet high. I can walk straight on to it. From time to time he placed pots and ornaments on his wall and the land.
When we bought the house, it had been empty for around 15 months. The seller's statement made no mention of a boundary dispute or change to it. So I told the neighbour that I would plant some new conifers all the way along and keep them neatly trimmed as a hedge directly in front of the retaining wall in the area between his concrete sectional wall and the retaining wall. He even agreed to help with the trimming. However, before I had got around to planting the conifers we noticed members of his family climbing the retaining wall and coming into our garden. The oldest lad was around 16/17 years old and looking over the retaining wall saw him gardening. He and the neighbour had drilled our retaining wall and fixed batons along it at several levels. They had planted tomatoes and were growing them up against the wall. I told them to stop immediately and said I wanted everything removed as the land was shown on the deeds as ours. The neighbour was not best pleased so I gave him 14 days to remove it all. He did not so I pulled up all the plants and removed all the batons and screws. I dug over the land and planted the conifers. Everything quietened down for about 6 months.
Out of the blue the neighbour decided to build a raised deck in his back garden on top of his garage without planning permission. After a battle with the council, he was told to remove it as no planning permission would be given. His neighbour to the right was furious as he could now look straight into her bedroom at close quarters. Two other neighbours and us objected and he became quite anti but did remove the decking over a 6 month period. This started the dispute between us. Each time I was in the garden he would start on about how he had cleared the space and he should have objected to the retaining wall. As a result I copied him the deeds and plans and sent them to him explaining our position in a letter. I made it clear all the land beyond his rear wall did not belong to him and to remove his concrete wall and shrubs. He came round to see me to discuss it in a friendly way. He agreed the land was not his and that he would remove the wall. He did nothing.
I began to dismantle the sectional wall to reduce it to a much lower height. I left the sections on top of his wall but inadvertently caught one of the pots on the wall and broke it. He was not immediately about so I waited till the next day to speak to him. However, his 'girlfriend' (his wife was killed in a road accident 18 months ago) came flying out the house and started shouting, accusing me of all sorts. She wanted to know why I had not gone round to discuss the removal of the sectional wall. Pointing out we had the conversation 18 months ago, and all was agreed, she launched into a tirade. The neighbour then appeared and naturally took her side. Throughout a 10 minute conversation it was obvious he was still angry about the planning permission. However, he did accept that the wall was going to come down but he refused to accept why I wanted to return the boundary to its rightful place. I said I was sorry for breaking the pot and would pay or get another. He then said he had photos of the land showing it overgrown and unused 34 years ago when he moved in (our house was built in 1985). In the end he said do what you want and left.
The neighbours on my street who have been in their houses since they were built categorically state the land was not unused or unclaimed. They also state the retaining wall was built around 15-20 years ago. They say that the 2 previous owners of our house are highly unlikely to have even spoken with the neighbour let alone given permission to garden or build on it and that all the work was done when the house was empty for long periods. The concrete wall makes it difficult to get access to trim the conifer hedge and needs to come down. I have offered to cut the hedge to any height the neighbour wants to give him privacy. Originally he was in full agreement about the wall and the 'land grab' but now his girlfriend has intervened he appears to be changing tack. The boundary is quite clear between his street and ours and matches the plans exactly.
So, having read all this, what advice would you recommend? Thanks.
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