Hello!

[Landgrabber]

I have a boundary issue with a neighbour who has 'acquired' pat of my garden and I would like it back!

[des8]

I'm sure you would!
Care to tell us more?

[Landgrabber]

It's a long story! *We've lived in this road for 39 years and bought another detached house next door in 1993 and it's been rented out until we downsized and moved in ourselves in 2015. People bought the adjoining property in 1999 and between 2003 and 2008 did extensive landscaping restoration acquiring a 20' x 70' area of our garden in the process. *This was not apparent until we moved in as the area was behind a huge laurel hedge. *We raised the issue but they steadfastly refuse to engage in any meaningful discussions or mediation. *We have a Plan to the Deed of 1953 showing the boundary plus sworn statements from various tenants and previous owners of their own property who all attest to where the boundary lay. *I have acquired First Registration documents from LR but as both properties were owned by the diocese there are no actual deeds. *Solicitors letters have been swapped but the matter has been delayed as there was a quite separate issue with another part of our garden (not involving them) that has recently been resolved. *I don't have the resources to engage barristers and am ploughing through LR Practice Guides (40,77 & 39) to see if an application for a Determined Boundary may give me a result - though they may say that they have been using this part of our garden for 12+ years. *I would like advice on what to do next or where to go.
Many thanks.

[Celestine]

It sounds like you have good evidence to show the boundary arrangement in 1953 and neighbour/tenants statements to back that up. The problem may arise form the length of time these neighbours have had possession and use of the land. If they started landscaping in 2003 earliest and possibly acquired the land at that point, they will have had the land for twelve years to 2015 or latest 2020 if they 'grabbed the land' by 2008.
From the very, very little I know on this legal area, but from personal experience of a neighbour boundary dispute, I would say proceed with extreme caution. Have you had good formal advice on the situation? If you understand the arguments and risks, you could self represent in court and save barrister costs, but early advice from a solicitor on overall prospects of success would be wise.