Neighbour dispute

[Monday]

sorry, Have just realised I can go to my house insurance for this

[ULA]

Monday hope they can help you. If not you know where we are.

[Monday]

Yes, thank you. You have helped me through some really difficult times

[Monday]

Thinking about this, I would be extremely grateful for any opinions on a way forward.

Looking at Land Registry plans, the boundary between my property and the bungalow next door is the line of the bungalow, although the current owner insists the line is the outer edge of the roof.

The previous owner put their replacement boundary fence in my garden. I did not get into a dispute because the owner had dementia and was extremely aggressive.

The property having changed hands last year, the new owner is putting up a new fence, but it looks as though they intend to leave their old fence in my garden. Since it is their property, I want them to remove their property.

If they don't remove it, would this be fly tipping?

If I have to get it removed, presumably I can give them back what is their property?

This situation would be laughable except I know how many thousands of pounds can be incurred in legal fees when householders get obsessed with boundary disputes.

As a side issue, I am substantially disabled and in poor health and I feel that I am being bullied by these neighbours.

Any opinions please?

[PallasAthena]

If they don't remove it, would this be fly tipping?

Fly-tipping is the illegal dumping of waste or rubbish. Seems unlikely that a garden fence that has been erected would be legally considered waste or rubbish, but that's just my view not a legal opinion.

Taking it down and throwing it back over the neighbour's (new) fence might be fly-tipping though, as presumably it would be 'rubbish' at that point!

[Monday]

Well, I do think their property needs to be returned to them.

[des8]

I think you will find that if it is their property on your land you need to ask them if they want it returned (as one does with hedge clippings on your land from their hedge)
You should not just throw it over the (new) fence

[Monday]

My expense paying someone to dismantle and dispose if they dont want it returned?

I'm thinking a letter asking them to pay my costs and if not, the small claims court

[islandgirl]

My view? You are fortunate that the neighbours are "giving you back" your land (even though they have left a fence on it!). This avoids huge and costly disputes in the future. I would quietly remove it and dispose of it and feel happy that the issue is resolved - even if it cost me a few £!

[des8]

So your neighbours are trespassing on your land.
Your ultimate remedy is a interim court injunction requiring the removal of the fence within a certain timeframe.
Failure by your neighbours would be a contempt of court punishable by imprisonment.
End of Christmas card exchange!

First approach (if possible) is friendly chat.
second is formal, non aggressive letter setting out situation and how you would like it settled
thirdly you ask them to agree to mediation
finally the injunction, which isn't necessarily given

Sounds easy, but it is deceptive.
In your opinion the fence encroaches on your land.
Have you proof of that (Land Registry maps are only indicative of boundaries)
How much of an encroachment?

[Monday]

Not enough encroachment to get into a boundary dispute, i'm told about 12" and a larger triangle shaped section at the bottom of the garden where a fence panel was angled into my garden.

The main thing is to get rid of their rickety old fence - and in view of my considerable disabilities, that is not easy and will cost me money i can ill afford.

The land registry plans indicate the boundary as being the outer wall of their bungalow

[atticus]

Have you actually asked your neighbour to remove the offending item?

[Monday]

Have you actually asked your neighbour to remove the offending item?

Yes I have

[PallasAthena]

And what did your neighbour say?

[Monday]

Sent me a letter disputing that the boundary is the outer edge of his bungalow (as per Land Registry plans) and asserting that the boundary is in fact the line of his roof.