Adverse Possession and Your Neighbour's Fence

Author: Abigail Taylor

The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. Usually there will be a clear demarcation of who owns which part of the land and boundaries.

It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it.

What is 'adverse possession'?

Essentially adverse possession is where someone who is not the owner of land possesses (has sole use of) it.

For example:

Farmer A owns the Land X. Farmer B owns Land Y. Part of Land Y (owned by Farmer B) has been used solely by Farmer A for the last 20 years to park his caravan and he built a fence around it can only be accessed from his (Farmer A's land)

This land may be owned by Farmer B according to the title deeds, but Farmer A has had sole use and possession of it for a lengthy period. Ownership of the land has therefore transferred to Farmer A due to adverse possession.

When does adverse possession exist?

I have owned my property for over 25 years. There is an existing fence line put in when the plots were separated in the early 70s. The fence is concrete and wire. I've used and maintained the land and retaining wall to the right of these concrete posts for the past 25 years. Our neighbours now want to enforce the legal boundary and move it effectively further towards the right, claiming the land and wall we have been maintaining. Can they do this or have do I have rights under adverse possession?

The test for adverse possession (as confirmed by the House of Lords in J A Pye (oxford) Ltd v Graham) [2002]) is whether the trespasser has possessed the land for the requisite period.

The 'requisite period' is:

If the land is unregistered - 12 years
If the land is registered but the adverse possession period occurred before 13 October 2003 - 12 years
If the land is registered but the adverse possession period did not occur before 13 October 2003 - 10 years

Note:

An application to the court for adverse possession is only recommended where the party taking possession does not have an entitlement to neighbouring land. If the party taking possession has rights to a neighbouring land (like Farmer A above), whilst they may have adverse possession, the application that should be made to the court is one to simply alter their and their neighbour's title plans to show the new boundary.

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Application under Options 1 or 2 above (unregistered land or registered land with adverse possession from pre-13 October 2003)

To show adverse possession, you must prove:

That you have factual possession of the land
That you intended to possess the land
That possession is without the owner's consent
That all of the above have been true for at least 12 years prior to the application

Factual possession is very dependent upon the circumstances of each individual case. However the court has offered the following guidance:

The possessor must have exclusive possession of the property
The possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and no one else has done so (eg cutting the grass / maintaining the boundary)
Erecting a fence around the land is a positive indicator of adverse possession

I have a four foot border at the side of my property and have exclusively used this as a flower bed for 27 years. New neighbours have moved in and have claimed that the strip is part of their property. They are demanding that it is returned to them. What can I do?

A claim can only be brought within 12 years of the right to claim existing*:

Eg: Going back to our example above, the adverse possession by Farmer A commenced 20 years ago. The right to claim existed after possession for 12 years, so 8 years ago. Farmer A has 12 years from when the right to claim existed to actually make a claim, so now has just 4 years left.

20 years ago - adverse possession commences 1996
8 years ago - 12 year possession complete so right to claim arises 2008
4 years away - 12 year limitation period in which a claim can be made expires 2020

* There are slightly longer periods for government departments or spiritual organisations taking adverse possession, along with other specific but rare scenarios.

Application under Options 3 (registered land with adverse possession completing after 13 October 2003)

You must still prove the same criteria for adverse possession as above, but the relevant period for possession is shorter:

That you have factual possession of the land
That you intended to possess the land
That possession is without the owner's consent and
That all of the above have been true for at least 10 years prior to the application

There are however a number of exceptions that prevent an application under the new regulations being made:

The owner is or has been in enemy territory in the 12 months leading up the application (making it difficult to make an application for adverse possession against anyone in active military service)
The owner is suffering from a mental illness which means that they are unable to make decisions about issues such as possession / maintenance of land
At any point during the 10 years leading up to the application, the owner died and their state was passed on, the owner became bankrupt, or (if the owner is a company) the company was wound up

The process of making either of the above applications can be tricky, and your claim will be rejected if the forms are not completed correctly and relevant supporting evidence not provided. It is therefore recommended that you contact a lawyer if you are considering a claim for adverse possession; this is an extremely complex area of property law with plenty of exceptions, loopholes and technicalities!

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135 Comments

Ask a Question or Comment

Burgess 8 Aug 2023

I'm sorry, we will discuss about the fence to block the neighbours out, when we come back home from after our holiday in Moraira, Spain. We don't want the No.3 neighbours to stare or annoy us.

Kat 24 May 2023

My husbands family have owned our house since it was built in the 1980's and our new neighbour (of 2 years) has said that a fence, that has been in situ for 38 years, is in the wrong place and should be 50cm closer to us as per the title plan, she even went to the extent of getting a land survey done. Of course the title plan is not exact and will not show a 50cm difference due to the scale, but what can we do? surely the builders (Barratt Homes) put the fence in the correct place, but if not wouldn't we now have adverse possession? does the 12 years start from the date the house was built and fence erected or when the new neighbour moved in? It is honestly ridiculous as they have a huge garden and this small strip of land will make no difference whatsoever, but would narrow our driveway by 50 cm. We have photographic evidence going back to the early 90's to confirm the fences position. Any advice greatly appreciated.

Riya 19 May 2023

Hi i have lived in my house since 2010 and my garden is split in two top end and bottom end. The top end has the correct boundary running on the middle of the two houses however the bottom end on my side is 2 foot narrower in width. The fence was already put in before i moved in the property and is my fence. Can i move this fence back into the middle so my garden is in line with the top garden. They also have a garage whoch is built over this land too.

Min 14 Apr 2023

I'm a council tenant and I have 7 gardens back on to my property. My neighbour has a American pit bull . Which they have no idea how to handle as it was running along side the fence line while I was holding a fence panel. Which is only 30 years old bits of wood held together with string and dirt they now tried stating that the boundary fence is mine when I been here for 35 years and it's always been there side . Then this was resolved then they now say it's there's to replace but it's in the wrong place and I've got to cut a free down and let them have land which is been mine since 35 years. The council man now hasn't or won't get involved as he relies he made the wrong mistake thinking it was mine boundary when it's my neighbours now to make it secure and safe as the bloody dangerous dog as owners can't rule it as it just runs trying to attack me while holding a piece of fence stopping it getting in . The dog wouldn't listen to the owner. It was a scary situation. What rules are there to this situation

Jan 25 May 2022

I have lived in my house since 1977. I have always had good neighbours, my last ones sadly passed away, before my elderly neighbour passed away she grew a lot of fruit against the fence that she froze made jam etc. a storm pushed the fence over, (not far enough to disturb her fruit) it looked unsightly. So I erected a new fence my side rather then upset her taking down the old fence. When she passed, my new neighbour moved in after a prospector had bought and done up the house. He put up a new end panel, as I hadn’t replaced that one. But put it in the original place. After my partner passed away, my new neighbour that I had welcomed, baby sitting, looking after her dog. She pumped me about the end panel, then when I was at work, moved that panel over into my garden, when confronted she said she was straightening the fence. Which should have been done from the panel before moving it her way. I lost several very good long standing friends during the months I lost my partner, so wasn’t strong enough to fight her. During the recent years her sons are now men, they have pushed the fence over about 3ft. Cut down half my tree and dumped the branches on top of my plants. The fence is now nearly in my pond. I am old and disabled now, which they have taken advantage of. I am not strong enough to fight them. My garden that was once pretty, is now an awful mess and it has pushed the shrubs so far over I can’t get to the washing line. I just don’t know what to do, I loved my garden. I don’t know if I need to get a solicitor to write to them, or get a surveyor or fencer to run a laser down to establish the original fence line.

Bus 7 Oct 2021

Hi can anybody help me with this problem through a dispute between me and my neighbour with A wall running down a border and he’s got big curve on it and some land on the other side belongs to me it’s been there over 20 years can I claim it back because I’m having a lot of trouble with the neighbour about it, Does anybody know the law what’s right or wrong and if I can claim it back . Let me know please

Billy 3 Oct 2021

We have lived in our home for 38 years, for over 30 years we have had a coverway which has been attached to my neighbours garage wall ( the garage wall is right on my boundary.) This coverway has been there through out two previous owners, the owner now has been in their 6years. He wants us to altered or even take it down. Would this garage wall be a shared wall, and have I got the right too keep this coverway because of how long it has been up for so long. We maintain it and have replaced the PVC sheets several times over the years. The neighbours now must of been aware of this when they purchased the property Have I got my rights to keep my coverway.

Fab 2 Sep 2021

My neighbour selling his house and he’s got part of my garden there is a wall between us and it’s been there for 25 years the wall is mine and the new neighbours been there only for years.And the lady who was there before him she knows all about it thePeace land can I claim it back it’s on my deeds please can somebody let me know.

Fab 2 Sep 2021

Hi I I lived in my bungalow for 15 years in the last four years we got a new neighbour but now selling up asked him that I’m taking my 14 inch wall down down my drive and put in a fence on my border but the well it’s bent and I like to put it straight it been up over 25 years and next door neighbour got a bit of my land . The old lady before him she know all about it and said when you need it do it so what is my right to get it back thank you.

Jack 22 Jul 2021

My neighbours dogs. Are destroying my fence by trying to attack my dog what can I do

Spud 6 Jul 2021

We have lived in our cul-de-sac for 40 years. The houses run down one side with a a strip of woodland the other side. It’s been looked after to some extent by residents but mainly left for wildlife with daffodils growing in the Spring. However the neighbour in the next road, which also backs on to land, has decided to move their fence 6ft on land which isn’t even in their road. Have complained to Council but they says no one owns the land so there is nothing we can do.

Ree 22 Jun 2021

Hi. Neighbour at back advised me today that she is splitting with her husband. They bought about 6 years ago. They said we have some of their garden. The fence was erected 30 years ago. And we purchased property in good faith. Previous elderly owners told us to keep the strip. They did not want it. We maintained it. To our expense Took conifer trees down etc and we have matured plants there. When they purchased they even went half with us to erect a new fence in the same position. As we have maintained it for 28 years. And the above. Woukd we be successful in adverse claim I’ve been reading about. And what are their rights if any?

coopdeville78 18 Jun 2021

Know exactly what your saying all of you! My underground neighbor is a obnoxious, cancer ridden and poisonous 63 year old thug!

Geoff 2 Jun 2021

Hi, We moved into a detached bungalow 4 years, originally owned by a very old lady who had let the garden get into a terrible mess. One of the 1st jobs we did was to try and clear it up. On the left hand side was a fence running all the way up the side of garden in decent condition. Situated right in front of it were a couple of bits of old wooden fence and some rusty chicken wire which only ran half way up our garden and the wire was tight against the neighbours fence, probably 1 inch away but often touching her fence in places. Our garden is approximately 50 to 60 feet long and the rusty chicken wire ran about half way up before it dissappeared completely and was also in terrible condition so having 4 dogs I felt it was dangerous if anything and removed it. We recently fell out with a neighbour and she claimed that this chicken wire was her boundary fence and that we had no right to remove it and has now complained to the council, even though we removed it 4 years ago. Looking at the deeds, she has ownership of that side of the garden, but I presumed the wooden fence was her border, and like I said the rusty chicken wire was virtually touching it and only ran for about half way the length of the fence anyway and was in terrible condition. Please can someone advise the situation here. In all honesty it sounds very petty but our neighbour complains about everything, has already complained to the council about our dogs which went nowhere, complains if we have music on an afternoon at the weekend, complains about a bush which grows onto her garden, complained we had put a security camera up at the back of her house which in reality was a solar night light, etc.... She is quite a difficult person to deal with and quite confrontational to say the least, in fact she is very rude at times. Again does anyone have any advice. Thanks Guy

Scott 3 May 2021

Hi my neighbor's of over 20 years have 2 fences that they built now rotton and i think a health hazard ive asked her repeatedly if she can repair fence or half in for a new one she point blank refuses but just the other day she erected another fence between her and the empty house on the other side of her. She isnt letting me put up a new fence and refuses to move all the trash thats laying in her garden and 2 sheds so that i can erect 2 new fences i dont know where i stand.. can anybody help me? I stay in scotland think its a different law. Regards scott

Blades929 24 Apr 2021

Hi I have lived in my property for 20 years.There is a strip of land in front of my house that me and a couple of neighbours have maintained over the years. I replaced the broken fence around 13 years ago and kept it maintained, the gate was always unlocked so to use as a communal area but like i said above ,maintained by us, just keeping it tidy. 2 years ago my new neighbour moved in. She asked about the land and i told her it was communal land and mowed by a neighbour(never mentioned i maintained the fence).She started mowing the land and it didn't bother us as it was communal.By this time the gate stayed open wide as it was damaged. I still used the land ,drying tent out etc. fast forward 2 years later, i decided i was going to put a bird table in the area, but all of a sudden, the day after my neighbour put a new gate on and a sign saying ' PRIVATE GARDEN Number 11'. She also put a padlock on stopping access. Nobody was informed before her actions. I checked her deeds online and found out the land doesn't belong to her ,her boundry line is the same as mine. So there's a few questions i need to ask. Does she have the right to lock the gate and deny access? Have i got a better chance of claiming the unregistered land than her? I also found out the previous owner made a note in the sale that she had use of the land with no problems...(not sole use)she was there for 10yrs. And finaly...do i have a right to claim my area inline of my house(extend my boundry ) by taking part of my fence down and putting a partition fence there and install another open gate on my side? I know its a long story but i need urgent help. I live in the UK,ENGLAND. Thanks

Blades929 24 Apr 2021

Hi I have lived in my property for 20 years.There is a strip of land in front of my house that me and a couple of neighbours have maintained over the years. I replaced the broken fence around 13 years ago and kept it maintained, the gate was always unlocked so to use as a communal area but like i said above ,maintained by us,just keeping it tidy. 2 years ago my new neighbour moved in. She asked about the land and i told her it was communal land and mowed by a neighbour(never mentioned i maintained the fence).She started mowing the land and it didn't bother us as it was communal.By this time the gate stayed open wide as was damaged.I still used the land ,drying tent out etc. fast forward 2 years later,i decided i was going to put a bird table in the area,but all of a sudden. The day after my neighbour put a new gate on and a sign saying ' PRIVATE GARDEN Number 11'. She also put a padlock on ,stopping access. Nobody was informed before her actions. I checked her deeds online,and found out the land doesn't belong to her,her boundry line is the same as mine. So theres a few questions i need to ask. Does she have the right to lock the gate and deny access? Have i got a better chance of claiming the unregistered land than her? I also found out the previous owner made a note in the sale that she had use of the land with no problems...(not sole use)she was there for 10yrs. And finaly...do i have a right to claim my area inline of my house(extend my boundry) by taking part of my fence down and putting a partition fence there and install another open gate on my side? I know its a long story but i need urgent help.I live in the UK,ENGLAND. Thanks

rox2020 14 Apr 2021

I have recently ( 12 mths ago ) replaced a falling down fence between myself and my neighbour. it is established that the fence was mine and i have not requested any payment or cost to replace from neighbor ( in fact i replaced fencing all the way round at my expense.) I have lived on the property for 14 years and fence line , even though damaged , has always been defined , meaning there has always been some form of fence however dilapidated between the properties. When fence was installed the installers followed the original line , in fact the used the majority of the same holes for new new posts that the old ones came out of. In the last week or so, we have had a run in with the neighbor after i complained about excessive noise . He has now since stated that the fence is on his property and he wants it moving. He seems to spend most of his time looking down the line of the fence to see where it is. To myself and the naked eye its bang on centre, of you measured things exactly it may be a couple of inches out , but which way is anyone guess, as i think its fine. Last year when it was installed and we got on he even complimented it and said it save him a job as he has plans to sort his own garden out ( it is overgrown and he hasnt phisically been in it for over 18mth). Any ideas???

none 22 Mar 2021

my experience is not about fences percent, but does have to do with violating ones persi al space (The Crawlspace and The Basement). Thus, it is my nextdoor neighbor's son eldest who declares his mother "wants it done)! "She wants me to kill people". I don't want to kill nobody. "But I guess I'm going to have to kill her"! Two decades ago she (his mother) declared speaking, current news, weather was not enough. She decided she wanted to come inside of your life and see for herself she began banging into all adjoining walls from the top of the house to the basement. She was duly focused on entrance ways, living rooms, dining, kitchen and bedrooms, later it was the bathroom spy cameras and creating a climate by threats to my mother and myself specifically *your not going to live in THAT HOUSE and not speak to me. Her son has began as she had done soliciting neighbirs to break into my house and take everything. His mother had been entertaining friends on the porch declaring, that what I needed to do was open the door, and key everybody come in and pick what they wanted! She particularly had a personal interests in a leather coat she remembered I had. She's declared that she watches people's clothes. Since she's six times bigger than I im not certain how thT would be of any value to her. Stalking, threatening, intimidating, harassing, slandering, creating a persecutorial climate among friends, neighbors or strangers to promote her own self aggrandizement and to hinder another's progress and normal right to peace inside of your home and preventing them from. Having an intimate relationship with others as though you were their prisoner and she is the angry, dissatisfied God preventing your threatening to control someone to break in everyday, exclaiming with angst, "when is she leaving" as you embark to go to work. And the purpose is to bring her your earned income. "Give me money", was her comment which I ignored her as she feels she is going from generation to generation, as she did my mother by threat of harm to the point my mother stopped going to church because she used these criminal men to lean in my mothers face as she left home. At this day, she felt while I had spent a decade caring for my parents and I would be intimidated as she brought hundreds of men to look at me as though they would kill me because I called the police repeatedly.

lozza 20 Mar 2021

We purchased our bungalow just over 4 years ago and the fence at the back of the property was already in place. A new owner of the property at the back is now stating that the fence is in the wrong place and wants to move the fence back by 18" as his deeds state that we have some of his land. We bought the land with the fence already up, we have maintained the land, it is part of our garden, including a rockery along this fence with mature trees and bushes now in place. Does he have a right to claim back his land?

Yorkshire Lass 11 Mar 2021

Hi. My neighbour has lived in her house since 1983. We have been here since 1998. My neighbour extended her 2 bed house in 1983 and we extended our 3 bed house in 2015. There is a side strip of land that she removed a retaining wall from on her side. This was keeping back shale and stone (we are higher up than her). Over the past 18 months she has removed stones (large ones) and now the earth and shale is falling. Getting nearer our path. We have written to her to tell her not to do this as it is going to eventually undermine our path. She replied by saying it’s her land and she can do whatever she pleases. I have since investigated this as currently both gardens are 10 metres wide. On the title deed my garden is 11 metres wide and hers is 9 metres. Can I move my fence so my garden is the correct width (she has no fence). Also regarding the missing retaining wall it states in her deeds all walls and fences are to be repaired to their original form so can I make her put it back? If I’d have known my garden was wider my extension could have had an extra 21 square metres could I sue her for lying about the land in the first place? By going for damages as I’ve worked out the value of square metre of my house based on 2015 values and it equates to £25k!!!

Emb 16 Feb 2021

My neighbour put an extension next to his fence, our boundary, and now wants ro replace it which involves access to my garden, on my mature flower beds where space is tight. I he allowed access to my property please?

Craig’0 13 Feb 2021

I bought a house which used to be a village shop. It’s straight onto a wide footpath. I have photos before it was a shop and was cottages and they had a railing fence. Can I reinstate that fence as it used to be there, this would mean reducing the width of the footpath to what it used to be. Am I allowed to do this or who do I apply or see about it. Many thanks

01aldridget 4 Feb 2021

There is an area at the end of our garden (separate) that is on our deeds as a public access right of way. The covenant in our deeds says that this must not be fenced off or blocked and is to be free for all public use. This area has been fenced off by our neighbor (prior to us moving in) and we would like to take the fence down. Can we take it down?

Gee 19 Jan 2021

My neighbour is erecting a fence down our side drive today and he’s marked out where he it ends to put it and it’s on my side. I wondered how I can stop this. Thanks.

He who is 12 Jan 2021

I have a dispute over a boundary position with my neighbours. My wife and i live in a local authority council house and our neighbours own their property. My neighbours are now claiming that the fence I erected on my side of the boundary, effectively on my garden belongs to them. I contacted my local council who have been out and measured the distance between the houses and have said that my fence is on my neighbours property and I am not allowed to touch it. When i erected the fence i followed the line of original concrete posts that were installed when the property was built over 50 years ago,whilst all the time placing my fence and posts on my side of the original line. I am at a loss as of what to do,as i haven't been informed where this new boundary line is so i am unable to movement fence. The boundary line I followed is the one that has always been there.

Rev.Tchaychamomonomi 25 Nov 2020

Greetings my friend. It is with a sense of sadness that I respond to your sad tale. My neighbour Torontonomoni is perhaps the same neighbour of whom you suffer such smakings of disturbance. Because he is stealing my rats it is a good idea to smake a fire of your old femces woods. Them new panels you must set humane people traps. Then you can smake some moneys by selling your neighbour as hired help.

DW 20 Nov 2020

Please help, the neighbours are threatening legal action over my replacing the old fence panels. Old ones were rotten and falling apart, plus it is my fence. They are saying 22 foot is blocking out the sun, I have tried to reason with them that as the sun is quite a bit further from the ground than 22 foot that this really isn't an issue. Recently this escalated to threats of physical violence against me, thinking of just setting it on fire? Would this then be a smoke nuisance too ?

Clar 12 Nov 2020

I was hoping you might be able to help. I have read your article online and was wondering if you could answer a question I have. In a case of adverse possession on a parcel of land, is the easement by prescription to access the land reduced to 10 years, or does it remain 20? I hope this makes sense.

PAT 18 Oct 2020

Hi i have lived in my property for over forty years when we arrived there is an established lorol hedge it is very high and gives us privacy from a lot of houses and their lights there is also a fence that was put up behind the lorol on the neighbours side been there for some 3o years sadly my neighbour died new nresident wants to cut the hedge down to 6ft saying its their hedge surely a over fifty year old hedge becomes the boundary which is behind their fence on our side

Ross679 15 Oct 2020

My neighbours have recently erected a fence along the boundary between our property’s. They have have put the fence posts in my property can I put slats onto the back of there fence.

Lal 10 Oct 2020

I have small piece of land at the back of my house .do i have more right to buy it .and if my neighbour bought it by trick .can I do any thing . Lalmasood

Lal 10 Oct 2020

I need advice re.land in the back of my house .is for sale .do I have more right to buy this land.and if my neighbour has bought it by trick then can i do any thing.

Wendy 9 Oct 2020

We have lived in our house for 24 years and have always used the neighbors yard and weeded along small retaining wall to gain access to our under house access, all cable and phone wiring on right side of house. There is no other access, you cannot access from back yard. Neighbor has now built a wall next to retaining wall and we are unable to access side yard. What can I do?

Reanie 26 Sep 2020

Hi bought a house 4 years ago, sorted all the garden up to existing boundary wall which has been there since 1969, neighbour has now found out that the boundary wall was put in the wrong place, now wants to claim the land of which he has not maintained for the 30years he has lived there, is now taking us to court where do we stand on this, we are in Scotland

HeadacheProperty 19 Sep 2020

Hello, I'd just like to know if these comments receive answers as I can't see any, and I do have a question! Many thanks ??

Posh 5 Sep 2020

Hi my disabled mother who is 87 never had problems with her neighbours, she has lived there for 30 years and her old neighbours 50 years or so but sadly died, so new neighbours moved in 8 months ago before they moved in done of lot of renovation inside there house, mum had to put up with the banging big industrial drills no notice or polite knock at door to state what’s happening, then the builders came through her back room whilst putting still in, mum didn’t make a fuss let them come in and fix the damage, then they move in take my mums fence down has it’s there side of the fence we have since found out for hi. To build a 6ft brick wall out of grey slabs, ok fine but when work commenced digging footings out they cut back my mums decking stating that it is on he’s boundary line and the extension my dad had built 15 years ago is slightly on he’s boundary line so he has the right to do this. Is this correct as my dad put all new fence back over 15 years ago and has looked after that side of the fence the old neighbours never had a problem with my dad building the extension or putting fence back up. I’m fuming also they have made my mums decking up safe as it was joined to a post and it’s made it loose. How does she stand can they do this.

mojobo 29 Aug 2020

A piece of land was purchased in 1989 . It was then divided into 4 packages. I purchased one of thes packages. A boundary fence was erected . (It appears that it was not registered correctly with the land registry.) In 1997 my ajoining neighbour who erected the fence, sold his property. The original fence was in situ until 2003/04 when in a state of disrepair it was removed, with my consent by the 'new' neighbour and not replaced. This has not been a problem for over 20 years..... Now the 'new' neighbour wants to reinstate a fence, using the incorrect land registry plan as a guide..... We cannot agree exactly where the fence erected in 1989 was. Any advice please.....

Raj 15 Aug 2020

We moved into a new development last year. we are having issues with fence because adjusant development road ends on my garden fence and no curbs or raised path or bollards. During COVID this was hit by a delivery driver and caused dameged to the fence. My question is, are there any rules on what fence should be in place where the road ends. Brick fence or developer can put any kind of fence of there choice. Is there any law on this issue.

AndyR 13 Aug 2020

I have a fence separating my back garden from my neighbour to left of me. I had the fence put up 15 years ago when an old one, that our previous neighbours put up, blew down. The fence I had put up is about 2ft on my land, as it couldn't go along the boundary line due to roots from my neighbour's apple tree. My new neighbour's are a young couple that moved in about 10 months ago. They have been doing their garden up during lock down and have been attaching all sorts of things to my fence ( on their side) and have dug a border close to my fence, without asking me first. I am annoyed about this, as the fence is technically in my garden. I want to take the fence down and put it back along the boundary line, as was always agreed with my previous neighbours. Can I do this, as they haven't claimed adverse possession. The deeds clearly show that they are responsible for the fence along that boundary anyway.

Andy 12 Aug 2020

We have lived at our property for several yrs we have a double drive and the neighbour updated his drive we still it in half then after 1 yr we put fencing down the side of the boarder he came to. Since then he has sold the house and a new neighbour has moved in we are worried if the drive is slightly out would we have to correct it all?

Happy2020 30 Jul 2020

Hi all, I have a garden, and back of my garden is a fence and behind just unused land about 20meter long and 10meters wide, I only would want 10meters long and 4 meters wide, as I dont want fence straight to be on the road. My new tenant said he could build a door in the fence and start tidying the land up and build new fenced area. than after 12 years I can claim it mine? Can I really do that? I guess if someone comes in 5 years and says the land belongs to them, Than I have to give the land up? Could I claim something for looking after the land? Many thanks in advance for advise. Stay happy and safe Mr Happy:)

VK 25 Jul 2020

We have maintained a hedge side and back of our property for 15 years by trimming it on both sides and top. The hedge was planted in 1970-71 and since then the house owners have always maintained the hedge in question. How can I claim Adverse Possession for this hedge. The neighbour who also has this as their boundary line have clearly written and stated that we and our predecessors have to maintain the hedge. Will appreciate some help and feedback.

Shorty 23 Jul 2020

I have lived in a end terraced house for 15yrs .The houses in this row were deigned open plan gardens except either end house ,the person that moved in and rents the house decided she would removed the slabs that were laid as a access path for visitors , deliveries,postmen etc in the the front of the house , on erecting a boundary fence I have now got her gutter down pipe and 2 thirds is a presumably sewage drain lid both now in my garden ,which now Ieaves me two gutter drain pipes and tree different type lids in my front garden.When it was open plan it was less noticible so I have no idea where my boundary line is they just wanted the fence to be in unison with the rest of the fence regardless and I am feeling bullied and don't need this at 78 yrs old .She has only lived there for 11months before doing all this and it's distressing and never spoke to me about it.I had been away in lockdown for 11weeks and a few weeks later after I got back she did this, but will say I was away and couldn't speak to me which was a blatant lie.This is so stressful and hope you can help. Kind Regards K.Killian.

Cliffhanger 14 Jul 2020

We have lived in this property for 32 years. A new development is taking place behind our rear hedge. We have tended to this hedge since we moved in. There was a single strand barbed wire on the farmers side. This now lies on the ground on the far side, approximately 1m from the hawthorn trunks. We have grown the hedge since development started, from 2m to 3m high to screen off the new houses. The hedge also contains some taller ash trees and is habitat to many birds. The original development plans show a 1m exclusion zone around the hedge for root protection. However the latest updated plans now show their legal boundary to be somewhere in the hedge, and the developer says they will cut back the hedge and trees - possibly eradicating it completely. Can I claim possession, adverse or otherwise? How do I do this? The developers are known for their strong arm tactics.

Leen 12 Jul 2020

There’s a wall dividing mine and neighbours garden , I want to put a fence up on my side of the wall , but neighbour said he owns a few centimetres of my side of the garden so I have to put the fence not touching our divided wall , whose right

Rick 9 Jul 2020

I own a portion of land which previously was the location for an outside WC, the problem is my neighbor has put a fence around the area and added it to his garden, what are my rights. He did this 4 years ago?

Little Briches 29 Jun 2020

My neighbour of 18 months is stating the rear fence is in the wrong place and has accused us of moving it we have lived here 17 1/2 years and it is always been there as the people who lived next door to us when we moved in moved the fence the year before we moved in and they said it was moved to it's actual place because there is a dog leg in the fence can he now move this back

Matt Kaufman 24 Jun 2020

There is a space between my house and my neighbour's. He put up a structure, made of sheet metal mainly, and uses it as a garage. We often park our car in front and have done over the years because parking is tight on our road. I want to clarify who the space officially belongs to. The deeds are unclear to me. They have had the thrown up garage in place for around 20 years however.

Giz 23 Jun 2020

I had a fence put up about 5 months ago between mine and my neighbours garden as there was nothing there. I had to have this 6inches into my side as they have a drain pipe over my side of the outhouse. I don’t have an issue with that but I did ask that they not paint the fence as it is on my side of the boundary and I have paid for it so it is my responsibility. What can I do about that fact that they have painted it even with me asking them not too? And not only the panels but the concrete posts too. I understand it seems petty but I paid a lot of money for a fence and I feel like they just don’t care that it does not belong to them. They also painted my side of the outhouse without asking.

Lisa 5 Jun 2020

Hi. My next door neighbours and I are at a loss. They recently had work undertaken by the council to give their young child a needed secure fence. This is 6ft tall and is a complete box. However this was not built to the boundary edge. I have the boundary posts and original fence on my side. There are shrubs and trees behind this original boundary for a depth of a metre up until their fence. It's not a shared hedge as there is no hedge on my side. I have been in touch with the council, and have been told maintenance of that hedge is my neighbours. But they have no access to the metre to maintain it as there is a 6ft fence. The only way to maintain it would be to enter my garden. And even then there is the original fence in the way of them maintaining it. It's not really a dispute between neighbours, but are the council allowed to do this. My house is privately rented.

Amy 31 May 2020

I have moved into a housing association property last August. My neighbour has taken the majority of my garden and built a hideous studio on it. He got planning permission for the building (after 2 attempts )in 2012. I have no garden now. He burns stuff all the time in the alleyway between our houses so the little space I have I can't use. The studio is a massive eyesore too. He has made no effort for it to be aesthetically pleasing to us. Can I do anything.

Jilli 29 May 2020

I HAVE LIVED IN MY CURRENT RESIDENCE FOR 30 YRS MY NEIGHBOR NEXT DOOR HAS A 2FT SPACE BEHIND HIS GARAGE WHICH PREVIOUS 2 OWNERS AGO PUT A FENCE ON BOTH SIDES BUT NOT ACROSS DUE TO ME HAVING A GARDEN. THE CURRENT NEIGHBOR NOW WANTS TO PUT A FENCE ACROSS..ONE SIDE IS WOOD ONE SIDE IS CHAIN LINK.. I HAVE FENCED IN A SQUARE FOR MY CURRENT GARDEN...... NO NEED FOR HIS FENCE DOES HE HAVE RIGHTS EVEN THOUGH I MAINTAINED IT FOR 30 YRS AND THE PRIOR OWNER PUT HER FENCE PURPOSELY THAT WAY

Nessab 12 May 2020

I have a dividing fence to the right of my property as you look out of the back door it has been in the same place since I moved in the old neighbours replaced it about 15 years ago and now the new neighbours are saying it’s on their property and I have to move it how do I stand on this

Francine Vella 20 Apr 2020

I moved out of my house for a couple of years and on my return my neighbour has taken down my hedge and replaced it with a fence and at the same time taking some of my land. I have Deeds showing it is my fence however there are no measurements showing the size of the land - how can I prove they have taken my land without measurements on the Deeds ?

Plug 13 Apr 2020

I would go to the land and register to and if you own your house and you have the deeds to your house it shows you what land is yours and I would go to the local housing trust to see what they would day

Annoyed 8 Mar 2020

I bought my house 14 yrs ago next door an end terrace belonging to the council i erected a panel fence to replace the run down mesh fence ddue to a downpipe from the gutter which sits exactly on boundary from both houses i had to move the fence 30cms on to my side of the boundary. Now the new owner(ex council tenant and now owner?)says this is a joint boundary a he can do what he wants with his side,i told him i need to repair replace panels and that he removes some bamboo screening he has fastend to the fence and to refrain from putting them back up where do i stand

david Wallace 7 Mar 2020

My neighbour believes that many years the concrete boundary posts were put in the wrong place , He has lived with them for 12 years but now because we have fallen out he is claiming the land has (10Inches ) his to the extent that a new nence panel has been pushed forward , Q dohe he to go through the legal chanels .

Dr G 25 Feb 2020

Our garden was originally separated from our neighbours garden with a dry stone wall. We erected a fence for more privacy and installed it on the neighbours side of the wall around 17 years ago. Property developers have now purchased the house next door. They have torn down the fence without our permission. We have had to put up a new fence on our side to prevent our dogs escaping. We are taking them to the small claims court to try to recoup some of our costs. Could we claim adverse possession of the land up to where the original fence was?

None 5 Feb 2020

My brother owes his house . And so does next door to him The problem is his old shed is on My brother's side an we are trying To get our fence back up... We have try taking to the next door Man but he not bother about the shed. What to do.

Graeme 4 Feb 2020

We have a parking space that borders a grass verge belonging to the local farmer. The farmer has, only today, said he intends to put a fence directly next to the parking area making it almost impossible to swing the car into the space. We've 'used' the parking space and verge for nearly 14 years. Anything we can do?

John 30 Jan 2020

There is nothing under the Limitations Act to prevent an adverse possession claim submission to the LR at any date in the future after the 12 year adverse possession requirement has been met.

Bellafonte 21 Jan 2020

There is a strip of unregistered land at the end of the terrace which is also runs along the back of the houses allowing access to the rear gardens. My neighbour at the end is claiming the strip of land belongs to him and claims he has registered it. My councillor has told us it is still "no mans land" and to register our right of way as per our deeds with land registry. In February he will have owned of the house adjacent to the land for 12 yrs. I have looked on HM website and they only give information to complete a NAP in respect of an adverse possession, but we are not aware that an application has been made. We have been bullied into not using the land and others have been intimidated so we all feel that it will be very unlikely that a claim would become public knowledge to avoid any objections (he would find a way). He has already avoided clearing the land of the rubble by telling the council it his land and has taken legal advice. But my councillor has checked and the land remains "no mans land". I have all the information to confirm our right of way and the other neighbours access points including garage, which has been blocked and is no longer used. Do I use the NAP form or write a covering letter and where do I send it so there is a record of the access/right of way on the "plot".Thank you.

Mike 17 Dec 2019

I bought my house in 2006, and in 2012 I noticed a neighbour whose property is in the right-hand street, if one is facing my house, and his garden runs through the back Gardens of about 5 houses, and ended in a narrow garden behind my garden (Which means that his garden is a very long garden). We became friends since then. However, in 2017, the man bought new wooden fence and removed my boundary fence, trying to expand the narrow garden behind my garden. This I stopped him to encroach into my garden. The boundary is clear, because there is a small wooden workshop built over 30 years ago at the end of one side of my garden. To my greatest surprise, I went on holiday outside UK only to come back and found that this man has shifted my fence and build a block of 2 rooms, leaving part of my 30 year old wooden workshop into his compound. I am considering a legal action. Please what should I do?

Bobby 14 Dec 2019

I’m in the process of purchasing a house, the house beside my house was purchased a year ago. When this was purchased there was small trees and plants two Meters on my property. They have now added a fence. I feel they thought this was their boundary and it is a genuine mistake. Can they claim adverse position if the flower and trees were there for for fifteen years . Even though they are only there one year.

Mrs A 22 Nov 2019

I submitted a claim to Land Registry claiming adverse possession of small parcel of land at the rear of my garden, I fenced it off, only access from my house, and have planted and maintained it for ~20 years. The owners (developers apparently) suddenly popped up and objected saying i couldn't prove that I had had possession for that long (I absolutely can); anyway I have been informed that the 'solicitors department' have dismissed my application finding in favour of the owner. Land Registry did not engage in any correspondence with me so how can it be that they can reach that decision without further contact? They are not, apparently, obliged to give me reasons for their decision except for jargon (paragraph something of section something else), no case specific reasoning! I think the owner intends to devlop the land, can they just smash down my fence and bulldoze my plants and trees

Scottish Jock 19 Oct 2019

I am a home owner and live with in block of 4 flats. I purchased my flat in 2004. There is a communal drying green area that none of the other 3flats have ever used. So since 2004 i have maintained the upkeep of this communal drying green myself. I have paid a local gardner since 2004 to maintain the upkeep of the communal drying green area because the other 3 flats had elderly people in them and the said they didnt ever use the communal drying green so they didnt want to share paying for the upkeep. I have also maintained and paid for the up keep of the paths and gated areas that i share with my neighbour. She has never offered Any payment towards the upkeep. I can prove all this with letters and with receipts. Can i claim any rights to this communal drying green area. Can you please help and advise. Scottish jock

Mik 9 Oct 2019

If a neighbour has fenced off part of their property and encroached our land 17 years ago, can we claim it back. Surveyor has confirmed they have come over too far. However original owners did it and moved away 7 years ago. Current owners have been tgere 7 years. Our previous owners moved away a year ago there were always disputes but not in writing and we werent told at time of purchasing. Next door havent claimed adverse possession. Can they? I would obviously object. Also when does their time to claim run out?

darrenr 30 Sep 2019

when my wife and i bought our house in 2005 it was sold to us with a chain link fence and small laurel bushes at the rear of the property and when i returned home tonight to find that the person over the back has removed the chain link fence and cut my laurels down (to the ground) and removed 2 fence panels that i put up to stop the old occupant looking though ! she said that i have taken her land and is now putting a new fence up on her land (she has only lived in the property for 5 years ) as i have lived here for 14 years am i correct in saying that i can claim the land and have her replace the laurel bushes ? what steps do i need to take next ? thanks

Reba 20 Aug 2019

Kindly advise. The neighbour’s dilapidated fence and plants are encroaching and leaning over the boundary line and into my property. I offered to replace the fence at my expense but this was rejected. He feels able to trespass and refuses to fix his fence or plants. I will now be erecting a fence on my property along the boundary line but in order to do so the neighbours’ fence and plants will need to be removed, cut back and returned to the neighbour. Am I permitted to do this? Would this be considered criminal damage? If the fence remains I will be giving up to the neighbour about a meter of land along a 40 meter stretch. This does not seem right or reasonable.

Ben 12 Jun 2019

Where can I read more about adverse possession expiring 12 years after the claim becomes possible please? this website seems to be the only one to mention it. There is a fence between my neighbours house and mine that my grandad (the previous owner) put up, but in the wrong place. this has stood for 30 years now (the concrete posts, panels have of course been replaced during that time). I want to clarify this to my neighbour to avoid legally losing the land but I'm concerned the neighbour will file for adverse possession as soon as the fence is mentioned to him. If I can point him to the section of legislation that states adverse possession is no longer an option then I can at least put in writing to him that he is on my land with my consent until such a time that I require it back

Ben 22 May 2019

I'm interested in the part where you mention the "12 year limitation period in which a claim can be made". you see my neighbour has a fence on my land that's been there for decades (unsure how long but as long as I can remember (25 years). my neighbour moved in in 1986 and no adverse possession order has been brought. the land registry deed clearly show I own the land about a meter beyond the point where the fence begins and there is a landmark to demonstrate this (a small section of wall features in the land registries boarder. Does this mean legally they've ran out of time to make a claim of adverse possession? Could you tell me where I could read more on this expiry as I cant find anything on google. Thanks in advance, great article Ben

Jod 21 May 2019

Hi I am wondering if anyone can help me my neighbour put up a fence before I bought my home and he put it 7 inches more into his garden resulting in my property gaining 7 inches along the garden. It is the side that he would pay for Now he wants me to move it back and pay for it. I am wondering if I have to pay or he does I am more than happy for him to move it but I don't want to pay

JEN 12 May 2019

at the back of my house is a Parish Rooms car park for folk using the rooms for hire. Several times I and my neighbour have had our garden fence damaged due to bad parking. We have just replaced them. The trustees are saying we have to catch them and claim. Surely the responsibility should lie with the trustees who let people park free.We have asked for stumps or some form of barrier so that these bad drivers cant get near our fences to no avail, what more can we do -help please

elizabethR1 30 Apr 2019

We bought a house in 2007. there is a little bit of land at the end of the garden that contains our cesspit (shared with our neighbours). The local farmer says he owns this land, but we have full right to empty and maintain it. When we bought the house there was no fence from our garden into the bit of land, but a few years ago he put up a fence, making it harder to access. he agreed to sell me the land several years ago (and agreed a price in writing) and said he needed to sort out paperwork. Last time I asked to buy it he said he didn't want to sell it anymore. Today I discover that the land isn't actually registered. The acres and acres that he owns surrounding it are registered, but that bit isn't. CanI register it in my name?

brow 9 Apr 2019

i have a strech of land to tge side of my house, i have hinted to my neighbours about detecting a fence half way through the land deviding it. my neighbours have said they woukd be happy to maintain the side closer to them providing they will be allowed to let the dog run free. would my neighbours be allowed to take possession if i did this?

A 17 Mar 2019

We have had a fence along a boundary line for 17years It’s isnt in the right place due to my dad and ex husband of our neighbour agreeing where it is now. Her and her new husband have now stated they are moving the fence to where they think it should be A) are they allowed to do this with our agreeing a boundary line first (we have deeds but obviously the fence was put in wrong from her in the first place) B) they have very aggressive dogs and we have young children we are convergence dogs will get in our garden B)

bez 10 Mar 2019

15 yrs ago my neighbour encroached 3ft onto my property he refuses to register with land registry and refuses to erect a fence between the two properties can i claim it back

Owner? 26 Nov 2018

Regards to the below message, Planning permission has been granted since April this year by the way.

Owner? 26 Nov 2018

My neighbours have been round. The lady has stated that she legally owns the fence that separates our rear gardens, and also the land it sits on. As far as I can see on my deeds, the land the fence sits on is mine. My boundary line shows a straight line from the right side of my property all the way to the rear fence. Apart from the fence not being very straight and encroaching on my garden, it is attached to the rear wall of my house. The reason this all got brought up is that I have had plans drawn up for an extension. The plans clearly show the wall of my new extension running along my boundary. I have no issue with the fence being attached to the new extension (similarly to how it is currently) and have told the neighbour this, but she is insistent that her fence is left in its current location and that I need to build my wall 100-150mm in from the legal boundary line to accommodate this. I am aware that it would be fairly difficult to build along the boundary line unless my foundation is dug in the neighbours property by 100mm or so, but my plans have a stipulation on the detail that the foundation is to be 600mm (rather than the 500mm generally) wide to accommodate the edge build for the wall over the foundation. I just need to get some advice on where I stand and as to whether I can remove the 1 and a half panels in my garden so the wall can replace it. Thank you for your time in advance.

Rafa S 9 Oct 2018

We recently bought a house and only this week found out that the neighbour who is at the rear of my garden boundary has advanced about 3 meters into my garden (behind a shed), he even built a paved drive as a side entrance and put a gate on it, all within my land. The boundary on my deed clearly show that land is mine. Talking to other neighbours, this happened about 8 years ago with the (not written) consent of the previous owner of the house I bought. Can I claim the land back easily or do I need to take him to a tribunal? Thanks.

Reg 3 Oct 2018

I moved into my property 8 years ago and last year wanted to build a new driveway with brick walls on either side. My neighbour on the left of me looking at the road objected me to take down an old wall that is there so I build my new wall next to this old wall on my side. He kicked down some the new wall, so I got a surveyor to do a report and shows that this old wall sits some one foot on my land and my solicitor sent this report to my neighbour to rectify the broken wall. He has claimed this old wall sitting on my land belongs to him but has shown no evidence to date. The HM registry plan shown a straight line on the bounday from the back of the garden to the front up to roadside. This old wall has an ugly side on my side and I believe this wall was put up by previous owners of my property , as the neighbour would not erect such a wall on the neighbours land with the ugly side facing the neighbour. if a claim for adverse posession is done by my neighbour is it just the land up to the old wall that he can claim or also the wall itself, as we are taking him to court for tresspassing and damage. What is your view. Can we for example claim the land up to the old wall is his through adverse possesion , but the wall itself is mine since it sits on my land . Just a small matter on the title deeds this wall is marked 'T' on the neighbours plans, but I still insist that it has been built by my house previous owners for the reasons above. This wall is falling apart and never been maintained? Your view. The neighbour says this wall has been there for over 60 years? He is not even that age? Also he moved out of the property about 6 years ago and now after a divorce has moved in as a tenant in 2015 with the house owner in title a lady owner residing somewhere else.

ProblemNeighbours Editor 28 Aug 2018

You may be able to apply on the basis of use by predecessors but you should consult a legal professional, do not take our word for this.

Simba 27 Aug 2018

We recently decided to ask our neighbor if we could remove a wire fence and 4 evergreens to complete a fence between our gardens. There were already 2 fence panels installed but the fence line was continued with the trees and fence behind them. On our side there was a 3ft wide raised flower bed that the previous owner of our property must have installed many years ago. The neighbor and his son agreed to us undertaking the work and we have asked for no payment from them. Our builder began putting the panels and posts in but when he returned to add the final 2 panels the neighbors daughter appeared and stated that the fence was in the wrong position and that the boundary line was wrong from the top of our garden right past 2 houses (her father's being the 2nd one) she provided the builder with an OS printout that indeed shows the fence starting about 2 ft further into our side of the land in line with a brick wall of another property, however at this point there is a 20ft high tree that must have been there for many years. She stated this was their deeds but the house highlighted in the printout was our property which stands on a separate plot of land. (Our property and garden are separated by a dirt track and on separate deeds). My question is although we have only owned the land for 7years would the existence of both the flowerbed and well established tree be enough to claim adverse possession? There is also the evidence that there were already 2 fence panels in existence. If we hadn't of removed the evergreens that provided the boundary the daughter would never have raised this as an issue.

ProblemNeighbours Editor 1 Jun 2018

It's unlikely the council will be able to help with this unless the rear structure is beyond the permitted development limits. Unfortunately, if you cannot resolve this amicably, you may need to consider using a mediation service or taking legal action.

Olgs 31 May 2018

I’m not sure if local council can help me dealing with my nuisance of a neighbour. He’s next door house has been a building site since August 2017. He didn’t inform me of the works he just started work and then told me he’s building a huge extension. Once I returned from holidays two weeks later I had all his building site and rubbish in my garden, my garden furniture was used by his builders but the most important thing was that he build a huge shed and attached it to my shed crossing the boundary. After stressful arguments he removed his shed away from mine but his roof is still attached to my sheds roof which I’m not happy about as the relationship got sour after that. He installed his drain pipes (which are still not finished properly) on the other side of his drain (my side) so all of his water is constantly in my garden. I’ve asked him 7 times to move them and he keeps promising but I know this is all a lie now and no point asking him anymore. His front and back gardens are full of unused building material and rubbish that’s not been cleared since last year and again I’ve asked ten times to move it or built the fence at the back as it’s too stressful for me to have such ugly building site. He’s promising to build the fence for five months now and nothing has happened. He’s caused me a leak at the front of my house because he hadn’t run his drain pipe all the way down and all the water kept running down the wall and eventually sipping through my front house wall - it took me a month to convince him to fix the pipe. His builders were coming into my garden without permission and taking my water despite me forbidding them to do so. His front garden wall is considerably to my side which doesn’t seem to be correct. He now stopped all the work half done. Is there any one who could help me to force him build the fence at the back so I don’t have to see the messy and ugly site? He also argues that my shed is on his land but it was built before I bought the house and I can’t see how it’s on his land or why he allowed the previous owner to build it and why it’s a problem now. How do I resolve boundary issue? Is there anybody affordable who could look into this and help deal with him. All he does is come in his house really late at night and discuss the same issue with his builder so loud that I can hear every word sometimes although he’s promised that he’s insulated our wall - HE IS SUCH A MASSIVE LOSER. I can’t go to a lawyer, it’s expensive and stressful, any less extor stressful ways to resolve things? Help me

SusieQ 5 May 2018

I am disgusted that someone can deliberately set out to deceive and claim land as their own when other people have bought and paid for it. And the law let's them! Why have boundaries and land registry if the law works for the illegal occupier. What happened to honesty and honour.

Hawkeye 25 Apr 2018

We have lived in our house since it was built in 2000. Our original neighbour moved out 7 years ago, and the new neighbour decided to replace the fence a few years ago. The fence is actually on our border and the concrete post is literally bolted to our back wall, which we only discovered this week, we had no idea it had been bolted to our wall. As we would like to put up a higher fence panel than exists at the moment, would it be legal for us to remove this fence post and panel and put our own there, as it is our border. When the original fence was put in 18 years ago,we knew it had been placed wrongly along our border by the guy who installed it. As our previous neighbours were lovely and their original post wasn’t attached to our wall, we just left it. However when the new fence was erected, we weren’t consulted about bolting the new concrete post to our wall and have subsequently fallen out with the neighbour because he is nasty, and I now want a higher fence panel to block him out. Please advise. Thanks

ProblemNeighbours Editor 20 Apr 2018

If the fence has been in place/the neighbours have been using the land for over 20 years then yes, they may have a claim for adverse possession.

Mrs K 17 Apr 2018

Hi We have plans passed for a double storey extension and my neighbour is claiming that the boundary requires agreement. So we have asked a surveyor to define a boundary using the title deeds as a guide - these have shown that the existing fence between us is possibly in the incorrect position and is about 1 foot inside our garden, thereby the neighbour has an extra foot. We are in the process of agreeing this boundary with the neighbour - but I am worried that they do not realise that it is in the incorrect position and when they do they may claim adverse possession. The fence has been there for a long time before we moved in and the neighbour has been next door since 1971, so I would guess more than 20 years the fence has been in place. we did replace all the posts last year..? They had a hedge which I believe was the original boundary (removed last year) and over they years a fence has been erected creating this new division. Based on the criteria for making a claim - could they? thanks Mrs K

ProblemNeighbours Editor 17 Apr 2018

You neighbour cannot claim adverse possession if they have only just fenced off and started "using" this land. There a possibility you can rely on adverse possession by your predecessor as they were in effect in adverse possession for 60 years and so should have claim to the title. You should seek professional legal advice before proceeding with any course of action.

MP 16 Apr 2018

Hi, I have owned a now derilict house for 2 years on a large plot of land. I have just recieced planning approval to erect a single residential house for us to move in to. The land registry shows a piece of land at the bottom of my garden that is not defined as owned by either my neighbour or myself. This piece of land has been fenced off and maintained by the previous owners of my house who lived there for over 60 years and then by my gardener. My neighbour has looked at the land registry document and decided he should own this land (possible land grab). He has removed the original fence and put up his own fence, thus adding this area to his own garden.I have spoken to this neighbour who feels he is in the right. I am sure I have adverse possession but would like clarity; but also do I have to take him to court or can I tear down his fence and erect my own after giving him notice. Any advice would be appreciated.

Toots 14 Mar 2018

Does anyone know if concrete fence posts need planning permission or if they need removing if a fence is being relocated? Thanks

ProblemNeighbours Editor 7 Feb 2018

Hopefully the above article explains adverse possession effectively enough and how to apply for it?

Anette 7 Feb 2018

We have a school on the back of our property. More than 10 years ago they erected metal fence about a meter into thier land. That created a corridor with no access. But about 7 years ago neigbours removed mature hedge at the end of thier garden and erected thier fence in line with our. So now we got a corridor ending behind our tall outbuilding with entrance from school . It was full of litter as kids made a nest there. But recently we found syringes. the police came to advise that people were seen getting over fences at the back of our garden. We had robbery in our garage worth £400. So we bloked that corridor were our property starts. That gives us about 4 sq m of school land. School manager then tried to break in. We thought that was done by these doggy visitors and fixed the fense properly by a metal barrier. Then that school manager came at our door demanding we remove the barrier. We explained the security concern, poluce advise and refused to let this corridor to threaten our security in future. The school manager said we could eventually get the right to that land. Well. All they need to do is to move thier own metal fence back to thier bondary. We never heard back from them. I wanted to buy that land from council. Now we just need to establish when metal fence was build and get it for free.

Smithy 19 Jan 2018

Our garage at the rear of our terraced property and our deeds showing marked in yellow right of way for car and pedestrian for all time. The property is leased and sub leased. We can access the garage going through the house but only drive through the right of way. Although we seldom use the garage for the car we still wish to keep our right of way, otherwise the garage would just be a huge shed. Our neighbours along the row have surrendered their rights on the basis that the new landowner will remove rubbish from the land and then landscape. The landowner wishes to extend his huge garden. He also says that solicitors involved will be very costly for us and he is a banker so I don’t think cost involved worry him.

ProblemNeighbours Editor 16 Jan 2018

If you think the neighbour's summer house falls outside permitted development obviously contact your planning department. With regard to the airspace issue, firstly check the exact boundary - the deeds might depict these (although note, many deeds are not that accurate). There is unlikely to be any mention of a "right" to the overhang of a shed which wasn't there at the time the property was constructed so that will not be of any use to you. On properties overhanging gutters that have been there for over 20 years can sometimes give the owner "acquired prescriptive right" for them to be there but again, this might not apply to sheds. Adverse possession of the land/airspace occupied by the gutter is another avenue, but you have to apply to court to claim adverse possession (if the land/airspace has been used for over 12 years). You should seek professional legal advice.

twinklyT 13 Jan 2018

My shed was erected by previous owners over 20 years ago. New neighbours last year said the roof overhang is over the boundary and have erected a summerhouse/shed next to it and extending to 5.75 M. I said if that is true my shed has earned and now owns that airspace by easement . Neighbour has not installed any guttering but thinks that to let the roof overhang mine and let the rain gush over onto my shed roof felting is perfectly OK They have left no air-flow space between his and mine and as the sun and wind comes from their direction my shed is already all green with algae, including my pond bridge. Thus causing premature rotting. Now it is winter, the structure puts all the width of my rear garden in the shade and is too dangerous to walk on as is like a soggy bog and slippery. His garden is built up so his shed is much higher than mine.. How do I complain? He is using the guise of Permitted Development - in a conservation area- and employing a private inspector. so council not involved. Despite renewing the shed roof felting 3 years ago, the electrical sockets tripped the house sockets the night of the storm recently.

Sarah 9 Jan 2018

I have recently had new neighbours, who removed the original wall that adjoined the two properties not attached to our building, ( although our deeds show a "T" which says he has the rights on his side ) the neighbours front door is set back from our property, so it shows a clear divide from the end of our house to his. He removed the original wall without permission including bricks from the front wall of our house and placed them on our land, he replaced with a fence a lot higher and has drilled into the front of our house 3 big bolts (without warning or notice) which has caused internal damage to our inside wall.On approaching him he said that the wall was a double cavity wall and the outside of the wall belonged to him and that he owned it , including one side of our chimney which he seems to think as its on his side he owns also, (although he has a separate chimney the other end and does not share our fireplace.. We need to render the front of our house but cannot get to the front of our property to do so as the fence is in the way and does not allow us access ? can someone advise what i need to do please ? As I have heard lots of horror stories about loosing our property if we start legal procedure. Am I entitled to ask him to show us proof of ownership as our deeds do not show an exact area only measurement of land , which we have measured it all seem to belong within our area ? Advise would be greatly appreciated before we end up spending lots of money and start the ball rolling.

ProblemNeighbours Editor 3 Jan 2018

If you can't resolve it between you, you may have to resort to a civil action via the courts.

JB 30 Dec 2017

My neighbour removed posts that I had left as a boundary marker between our gardens. However there is on still in place attached to corner of my bottom fence. He is denying he removed them and has encroached over my boundary with his patio. What can I do about this.

Maz 29 Dec 2017

I have lived in my property since 2001 and my original neighbours had already built a rear conservatory which had to be built on a base 1.2 metres high as the houses all have cellars and steps up to the kitchen doors. This, I think should have had planning permission because of the height but was never sought. Also, it was built abutting up to and over a wall between our properties and the garden fencing which belongs to this property - it states it in the land registry which I discovered at a later date. However, being a single female, I was and still am intimidated by them and it was already built and I bought the house knowing the conservatory was there. Then new neighbours moved in and they subsequently removed the frosting from the overlooking conservatory windows and I told them that they were not allowed to overlook me but they just ignored me. I then proceeded to put up a screening fence, inside my boundary to block their view and it has been erected since 2011. Now new neighbours have moved in, they have demolished the conseratory, and built a terrace over the base. In doing so, they have removed one of my fence posts to erect a balustrade and they seem to have paved right over the wall onto my property, albeit a few inches, making a shelf, 1.2 metres high. I have told them that my fence is not the boundary, but the wall but these neighbours too have told me to get a solicitor. I am now removing the screening fence to see how far over they have actually paved and also as I don't want it to be there any longer in case it is construed as a boundary. What I want to know is this, do I have the right to remove their paving/balustrade posts if they are on my property or do I need to see a solicitor first? No-one from that property has put in a claim for adverse possession of the wall and it they did can I object and win as it clearly states in the land registry that the wall and fencing belong to me.

Dannie 22 Dec 2017

I have been living on my property over 33 yrs and my access road was throught the neighbor land. What rights do I have since I have noticed the neighbor ere ting a fence?

Krista 8 Dec 2017

We purchased our property in 1986. The house is mortgaged, and on one set of deeds, but the garages to the rear were on separate deeds and we purchased them outright. The garages were part of a plot of a house and garages in the street behind ours. The owners of our house owned the garages and house. In 1978 the owners split the plot, they retained the garages but sold on the house to the tenants who lived there. The land registry shows the boundary between the garages and house as a straight line. In reality though, I am assuming because of the tight access to the garages from the road, the boundary fence between the concrete hard standing in front of our garages and the front of their house, is actually about 2’ over from the corner flank wall of their of house onto the front wall elevation of their house. We have photographic evidence which is dateable to 1990 of the position of the fence. It is as it was when we purchased the property. The house has had several owners over the years but the present owner , since 2007,has just decided the fence should follow his flank wall and has told us to relocate the fence. Can we just apply to the land registry to make a change boundary as an addition to the title deeds based on the length of time we can prove this strip of land has been in our possession and used by us, or do we need to go down the route of adverse possession.

ProblemNeighbours Editor 6 Nov 2017

We can only really comment on UK related issues unfortunately - we do not know whether other countries' laws are the same as ours.

victor 3 Nov 2017

I own a property in Texas, recently I found out that my neighbor is about 4 feet into my land. There was an existing fence, but the fence is not on the property line as described on my deed. I have lived here for 12 years,the neighbor moved about 7 years ago. By adverse possession, is the land his? Can i reclaim it.

ProblemNeighbours Editor 1 Nov 2017

Not if you erected it unless you removed an old one. What do your deeds say about the boundary/who maintains it etc>?

Ivy 30 Oct 2017

I erected a fence on the boundarie 10 years ago. My new neighbour says it belongs to him, can this be ?

ProblemNeighbours Editor 17 Oct 2017

Firstly check your deeds, they will include a plan which shows a boundary (which isn't always very detailed but may be of help). That may show that your neighbour is wrong. If not, then yes, there's a chance you could claim adverse possession after this length of time, speak to a solicitor that specialises in this area.

Gladys E 16 Oct 2017

We own a detached house which we moved into 32 years. Our neighbour to the left moved at virtually the same time. The lawn to the front of our house extended over his property to his driveway and when we first moved in we mowed the whole grass area.After a few months he told us he was digging up the lawn strip on his property because he wanted to define a boundary! He duly dug up the whole lawn down the side of his property between us and planted thick bushes. We were left with what we naturally assumed was our front lawn as he had defined the boundary personally. Since then we have mowed, seeded and tended the whole lawn area as needed for over 31 years with no problems from him. In the summer of this year we realized we needed more parking having acquired another car so extended our driveway by block paving over our existing lawn. The neighbour is now causing us grief saying some of the area where the new block paving is belongs to him namely a large corner at the bottom of the drive towards the footpath. If what he says is true and we do not agree with him it would appear he has the only property in our road where the drive curves at the bottom- everyone else has a straight line. If he wants to escalate the dispute and we suspect he will as he's that sort of character surely by now we can claim adverse possession.

H.P 15 Oct 2017

We moved into our property nine years ago. When we moved in our neighbours fence in the back garden, to the right of our property, was already in place and we had concrete fence post left in our garden about 30-40cm away from our neighbours fence. The fence looked as if it as been there for many years. We always assumed that these were ours as why else would they be there. They now have mostly been removed apart from one at the very back of the garden. We have created flowers beds going up to our neighbours fence. After a dispute over the front fence, we have discovered that the our neighbour deeds state that it is actually her side of our fence, unfortunately we have nothing drawn on our deeds. She is now stating that she wants her original boundry back, as is stated on her deeds. She is having a new fence put in the back garden and wants to put it in place of the original fence posts that she had original left in our garden and has told us to remove any plants or they will be damaged when she has her new fence erected. Just wondering where we stand on this. I am pretty sure that the fence would have there well over 12 years.

H.P 15 Oct 2017

ProblemNeighbours Editor 15 Sep 2017

If part of the fence that your neighbour refers to has been in place for twenty years and has not been moved, then you may have a case for adverse possession. We can't say whether you would lose or win unfortunately, you'd need to seek professional legal advice on that. It's unlikely you would be fined for trespass for something you've been doing for the past twenty years.

AStupidOldFool 12 Sep 2017

The boundary of my property on paper is a straight line but in reality was made of two fences that were not straight so I replaced one bit changing the line to make it completely straight. I did not expect my neighbour to care and if he did there was not a lot that could be done about it as it was my word against his. Unfortunately for me he took photographs of the boundary when he first bought the property that I did not know about. After seeing the pictures I moved that bit of the fence back but now he is claiming that the other part of the fence is wrong and I am still trespassing on his land and he wants that fence moved too. If I move the fence I will lose 2 metres of my property all the way along the side boundary for 40 metres. My property is only 10 metres wide. There are no proper defined boundaries, which was the reason I moved the line to start with to make the fence straight. My neighbour has compiled some photographs and evidence that makes it look like the fence is in fact in his property and he has formally asked me to move it making it line up with the other fence saying if I do not move it he will see me in court. I spoke to a solicitor and he has suggested getting a survey and then a compromise. As the survey will probably work against me I suggested a compromise but my neighbour is not interested and is claiming that as I recently moved the fence I had previously moved that fence too. I did not move that fence but did have it replaced some twenty years before. I am not sure if my neighbour will take the matter to court but if he does I fear I will lose. Can I claim adverse possession and if I do would that be classified as admittance of not owning the property? Based on all the above will I lose? Could the judge find me guilty of trespassing and if so what could I be fined? Would I be made to pay the costs? What is the best course of action?

ProblemNeighbours Editor 21 Aug 2017

After all this time and the fact that the origianl fence position had been in place for 50 years, it's unlikely that any action taken by your neighbour will be successful. If anything you could apply for adverse as per the above article, but if the fence is on your boundary as described in your deeds ("or thereabouts") you probably won't even need to.

Bobby 17 Aug 2017

We have recently replaced our fence. The fence was placed in exactly the same place using the same holes and the same demarcation line. The original fence had been in the same position for over 50 years. After concreting in the posts and beginning to replace the slats our neighbour informed us that the fence was on his land according to his deed and the original fence had been placed on the wrong demarcation line. My deeds for the plot my house is on state that my land is "50 feet or thereabouts" wide. I have measured my plot width and found it to be 49ft 8 inches to 50ft 8 inches wide at the two extremities. We have since stopped work replacing the fence until this is resolved. To make it easier to maintain the fence we erected it with the posts on his side , although the fence is our responsibility. This actually gives him more land. Can he make us move our fence, or turn around the panels so the posts are on our side? We have lived in the house for 17 years and this is the first we have heard of a fence complaint.

ProblemNeighbours Editor 14 Aug 2017

Is there a fence mentioned in the deeds? If the boundary line is clear and accurate, the neighbour has effectively trespassed by erecting a fence on your land. You could potentially have it removed and bill them for the cost, but is it really worth it? It might be worth considering mediation first. Is 25 cm really worth getting upset about? Is the fence joint repsonsibilty? If so, should you have been involved/offered payment when the fence was first "repaired"? Sorry there's alot of information we don't have here, so you may be better to consult a professional boundary specialist.

Dale 11 Aug 2017

Advice please: My parents live in a freehold house in England. We have lived there for 40 years, as have our neighbours, who also own a detached freehold house. 3 years ago, the neighbour employed some people to repair the fence which demarcates our 2 properties. In doing so, they moved the border, by about 25cms, so that the new border, was formed by the side wall of our garage. My father had died a month or 2 before this, so the house passed to my mothers possession. I noticed that the fence had moved and the neighbours son apologised and moved the slats from the front of the post to the rear ie. by about 4 cms. The neighbour was old, so I said it was ok as a temporary measure, knowing that much of the rest of the fence was in poor condition and would therefore need replacement and assumed that its position would be corrected at that time. I went away and on my return, I noticed, that the rotten parts of the fence had been replaced, but the erroneously sited part of the fence, has not been re-sited. I have asked the neighbours son to now do this, but his mother, though she said 'its only a small bit of land' has refused to do this. I have put the request in writing. H ow should I proceed and can I physically have the fence post and fence removed ? If so can I bill them for this work and who is liable for the damage that would occur in moving the fence ? Thanks!

ProblemNeighbours Editor 9 Feb 2017

You should really take advice from your solicitor on this. Your neighbour should certainly not have attached anything to your property (this can constitute criminal damage). Adverse possession must be claimed through the Land Registry and you will be given the opportunity to serve a counter notice, so it may not go to court (or be as costly). We're not sure about the issue with adverse possession in relation to the footings of a property but we'll post if we find anything further.

Trevor 8 Feb 2017

My crucial question is: can Adverse Possession be used to acquire land containing the foundations/footings of a neighbouring property?MOo

Trevor 8 Feb 2017

I built a new larger garage in 1984. Building regulations then applying required me to keep the foundations within the property line, AND the walls had to be centred on the footings. Thus the outside of the wall is about 33 cm from the property line. A new neighbour to the rear moved in in 2004, and offered to replace the wall plus fence forming the remainder of the division between us. I pointed out to him that the property line behind my garage was well behind it, and lined up with adjacent property lines, as shown on the Land Registry maps. Also it was shown on the Land Registry map he used in submitting plans for other alterations to his house. That was the only contact I had with him since he moved in. on February he started building some sort of shed encroaching ONTO the 33 cm wide strip, and attaching it to my garage wall. My solicitor wrote to him before the end of February telling him to remove his shed from my land, and to remove any attachment, making good any damage. He replied that he was claiming that strip of my land by Adverse Possession..however he had been sent several letters of objection before he had owned the house 12 years. There are two separate issues here: (1) Can Adveerse possession be applied to land containing a neighbours foundations (thereby putting them at risk)? (2) Can he be made to remove his attachment(s) from my wall? Unless he gained the land by Adverse Possessionit would not be a Party Wall. My solicitor is advising that many diferent outcomes are possible , ranging from me winning, but having to pay my own costs ( plus some of his,) .Even if I give up now it will have cost me several thousand. I think the answer to (1) is crucial. Thank you.

ProblemNeighbours Editor 1 Dec 2016

What was the fence attached to before? Who owns the fence/has responsibility ? (This will be on your deeds). You cannot attached anything to your neighbour's property or land without their permission. Check your title deeds to establish answers to the above.

ProblemNeighbours Editor 1 Dec 2016

What was the fence attached to before? Who owns the fence/has responsibility ? (This will be on your deeds). In general you should not affix or place anything on your neighbour's property/land.

gillianetta 30 Nov 2016

We decided to replace our fences, front and back, and asked for no money from our adjoining neighbours.We share a drainpipe and drain in between our back wall, and so our fencing man had to place the fence over on their side attached to a concrete post, as the underground drains were on our side. She has objected most strongly and insisted we move to exactly on the boundary.This means cutting the concrete base and butting it up to the drain, and making a special bracket to wrap around the drainpipe on order to attach the fence. We have agreed to do this, again, at our expense. The bracket will have to be fixed on both our walls. She is never happy with what we do. Can she still object after we've gone to the exact half of our boundary? Do we really have to do this in the first place anyway, as it was only because of a shared drain. Our fencer told us that this is how it has to be done., as do most gardens do.

Bro 20 Nov 2016

We have lived in our house for the last 16 years. The fence to the rear of the property was already erected when we purchased the house. We are trying to sell our house and have discovered that the fence is encroaching on the neighbours land by 1.5/2 metres Our land is unregistered. Theirs is registered. What are our options? We live in Northern Ireland

Madre 28 Oct 2016

There is some land to the rear of our house which used to be leased by the previous owners of the house next door. The present owners did not renew the lease to use the land with the land owner. We bought our house 2 years ago and have seen the current owners habitually dump their garden waste and dog faeceson this land and the land has not been maintained. We have been in negotions to have a new lease drawn up for us to use the land. Is the next door neighbour commiting an offence ? There isn't a boundary fence and part of the lease will state that that we are to erect a fence, when we do, our builder says he's watched the neighbour do this and intends returning their waste to their own garden. Are we within our rights?

ProblemNeighbours Editor 21 Oct 2016

If you could prove that you have been maintaining and using the area yourself for over 12 years you may be able to claim adverse possession. It might be worth putting a very simple fence up (cheap wire - or even plastic event tape and a few posts) and then doing some basic maintenance. If the council reacts to this, you should politely ask them to do something about its state. If they do not, make a complaint to your MP. The other alternative would be to check with the Land Registry, confirm that the council owns it and offer to purchase it so your garden is line with your neighbours. They should not charge much for a piece of land that is essentially no use for any other purpose. If the land is not registered (this doesn't mean it's not owned by anyone - as it could be Crown or church land that's simply never been sold so is not on the register) you could simply start using it and again try and claim adverse possession.

Luke 20 Oct 2016

I live in a mid-terraced house which I have owned for the last 10 years. All of the gardens in the street are different as in the war era people were advised to obtain land and grow food. My issue is with the state of the council area out of the back of my garden, this patch of land has had garden and possibly other types of waste/rubbish dumped on it so it is impossible to cut the grass with a grass cutter. The council have never cut it from as far as I can remember, and definitely not in the 10 years that I have owned the property. Also it is only the area outside of my garden that has been affected. The council have not tried to (or don’t want to) cut the grass, remove long weeds and nettles, so to stop damage to my fence and to not let the area become an eyesore I have maintained the area by strimming the grass and weeds etc and using weed killer to try to prevent regrowth which doesn’t work. As the area is not my own I have not wanted to spend a great deal of money on it as in my eyes it’ll only benefit the council by enabling them to cut the grass properly. The area is that bad you're unable to cut the grass properly it would need to be dug out and re-laid as it is that lumpy and raised up. I phoned the council last year to complain of the state of the area as there was a wheelie bin and other things dumped there, they took away the wheelie bin and that was it, the area is still in the same eyesore state. Although I have owed the property of 10 years I have not lived there that long, as I moved out when I separated from my ex-wife, I have only been back in the house for the last 2 years or so when I obtained it back. I would like to erect a fence and bring it in line with my next door neighbour’s garden this would make the area look much neater and tidy. I feel that if it was enclosed and part of my garden I would feel the benefit of putting this work and money into the area. My only concern is if I spend money on erecting a fence and organising the area into my garden, the council may then complain and tell me to remove the fence, even though they have not maintained the area and possibly would not even after the fence was removed. Would the council be able to do this even though they have not maintained the area for well over ten years? Many thanks

ProblemNeighbours Editor 19 Oct 2016

Firstly check with your local planning office. Sometimes changes the frontage of a property requires permission etc. If you home will be more vulnerable to the elements as a result of the work, get a surveryors report that backs this up, and take it to a solicitor for advice.

chuffa 18 Oct 2016

I live in a semi-detached house and have done so for the last 25 years. We have had a young couple move in next door and want to rip all the tiling off the front of the house. I believe that it would not be in keeping with the rest of the road, it would make our home vunerable to the elements and would make the block look odd. Do I have a claim in court to stop this.

advise 2 Sep 2016

I have lived in my property for a year with no trouble up to now. I erected a low fence around my front garden, but not the perimeter. There is a gravel line (about 2ftwidth)running down both sides that is my property but not fenced in. This was done on purpose because I want to plant a rose garden up one side. The problem I am having now is that one of my neighbours has started putting their ladder on my gravel line. I have moved it twice and do intend talking to them about it, but just want some legal advise please.

ProblemNeighbours Editor 14 Jun 2016

They will almost certainly have need change of use consent. Contact your local planning department, they should be able to tell you what is allowed and what isn't. They might also be able to impose some conditions into any planning consent given retrospectively.

Cedric 13 Jun 2016

We are three individual properties with a shared access. Over the years our immediate neighbour has developed their property and is now using the end of the house, incorporating a former garage into holiday accommodation, all without letting us know and without planning permission. We live on a national park area. We share a cess pit which is old and needs regular maintenance which ourselves and adjoining neighbour have regularly maintained, the cottage has done nothing to help but has paid when the pot is emptied etc. The holiday cottage is in close proximity to our gable end, the entrance opposite our kitchen window, the dormer window they put in without permission overlooks our kitchen window and garden. We have lost our privacy, cannot go out to refuse bins or garden with out being confronted by different people. They will probably have no respect for the cess pit, only loo paper is allowed on it. Do we have any rites to stop them? Cedric

ProblemNeighbours Editor 25 May 2016

How long have the neighbours been using it? See the above article for specific details as to why time is important here.

pip 24 May 2016

I have lived in my house for 35 years..there was a fence in-between our garages but due to the storms of the 80's I lost my fence and had my fence rebuilt from the end of the garden to the garage back end and the land in between the garages never got put in and now the owners of the other garage said they own the land and that I don't own it because I never said anything about them using it..They said they wanted it left open as they used it without any complaints from me so now they say they own it in full..They haven't maintaind it in any way. Its only been used a dump for rubbish and when I told them I would install the rest of the fence it was then that they said about owning it... Can I take back my boundary by installing the fence in full..They like me have a side entrance.. They erected a gate that has never had a post to latch to as this would be on my side so maybe he knows he is not entitled to this land in full..can anyone tell me what I should do..

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