Boundary issues

[Katy May]

Hi. I recently posted that my neighbours were fencing next to my conservatory which has frosted glass overlooking their garden so their privacy is maintained. The conservatory is built on the boundary line and was built before they or we moved into the houses.

The fencing has started and I fully accept they can fence their garden and I have no right to light. However, there are some issues. Firstly, without asking they came into my garden and cut down a load of shrubs clearly in our garden. That was annoying and I said so, but it's done now. Secondly, and more importantly, the neighbours seem to think that the guttering and windowsill of the conservatory overhang onto their boundary, and as a result they have 'lost' some space - now marked with stones. They intimated that they would be taking action on this, even though I didn't have the conservatory built. Having had a good look, I think they are wrong and the edge of the windowsill & guttering mark the boundary - I've judged this by looking at the distance between airbricks on bith houses and finding the middle. This all seems a little petty, except that now that my shrubs are gone i want to put up some trellis on my boundary to hide their fence and grow climbing plants etc etc but I'm worried they will declare this to be on their land and I'm also worried they'll decide to take the alledged overhang issue further..

So, finally - how do I check where the boundary is (the deeds aren't really clear), if the conversatory is overhanging their land what can they do about it and any suggestions on the best, non-confrontational way to sort this out?

Thank you - all help much appreciated.

K

[Postdog]

There are a few on here who know their stuff on this sort of thing, and you'll have to hope they see it sometime.

My first thought though is engage a solicitor and seek legal advice. Some of the things they have done (remove plants) is not on.

I personally would have thought that some form of rights have been established, and just because they say one thing doesn't make it right.

The only thing I can say is that it is unlikely, having put up a fence, that they are going to claim some on your side is theirs as well, and you should be within your rights to do what you like on your side. That said, the fence is their property, so do not fix anything to it at all,

[Katy May]

Thanks Postdog. They have claimed the ground on 'our' side by marking it out with stones and saying to me that when / if I sell I must make it clear that the fence doesn't mark the boundary and also saying that the space gives them room to maintain their fence. It all seems so petty to be worrying about a few inches of land but I guess it's a common issue.

Thanks again for such a quick response.

K

[Postdog]

Just remembered this website

http://www.gardenlaw.co.uk/

[Vivkins3]

I'm not too sure about this but you could investigate the "squatters rights" avenue. If the conservatory has been there for over seven years (I think), and they have not demanded "rent" for the "space" then I think you are allowed to keep it.

It would at least be worth asking any solicitor you involve to explore that avenue.

[buildersmate]

The trouble with these sorts of disputes is they often end up in huge expense for both sides in court cases and tears for the losers. People get into entrenched positions. However the difficulty for you is that you can't just move the structure back a bit.
To cover the point that Viv makes, the period for Adverse Possession is 10 (or 12) years, not 7 - but it isn't as simple as that. Since the Land Registration Act 2002 came into effect, getting land by Adverse Possession became much more difficult. After 10 years on registered land, the squatter can apply to have the land regisered in his/her land, but only if the registered owner does not object can the title be transferred - after another 2 years. On unregistered land, the period is 12 years.
Since you live in semi, it ought to be very easy to work out where the boundary line actually is if your house is brick-built - follow the interleaving lines of the brick to find the middle. If it is rendered you will have to measure it.
You are correct that no part of your structure can overhang the centre line - guttering is usually the worst culprit. If it does, they have the right that you remove it. Of course you could gently point that that it would result in water cascading into their land - so there may be some possibilities for compromise. Please check that first and report back.

[buildersmate]

If some part of the structure does hang over, one wonders what price they want to extract from you - do they want money? - or is it just revenge. What has changed since the previous owner put the structure up? If they are going to be happy with money, how much? If �250 would keep them happy, you will very easily run up a legal bill of more than that with 0.5 days advice from a solicitor.
Lastly you may have a claim against the solicitor who advised on the purchase of this property - so if you do find the structure overhangs, I would write to them first. This is precisely why one spends money on these legal chaps - to stop this sort of thing happened.
Frankly the fence they have put up and covering it with plants is the least of your troubles right now - I'd sort out the conservatory first - then think about how best to cover the fence.

[Katy May]

Hi Buildersmate - I was hoping you'd see this and reply. I'll dig out the survey from when I bought the house and see if it mentions the boundary and will, as you suggest, follow the brick line to see where the centre is - I've done that quite quickly and that's what makes me think that I'm right. If I do it with the neighbours hopefully they'll accept the position.

As you mention I don't want to go down the legal official route - not good for neighbourly relations at all and I do try to be considerate.

Thank you everyone for your answers.

K

[cassa333]

How long has the exttention been there? Could it have got a .. Oh b*gger can't remember.

[cassa333]

S*ds law says I can't remember the right name ( I always get muddled with these).

Anyway could it be something like a prescriptive easement?

As I say I can't remember but it has something to do with how long it's been there.

Let them knock themselves out prooving the overhang.

[Katy May]

Had my partner hanging out of the window with a plumbline earlier while I took photos to show that it doesn't overhang!
Thanks for all your helpful advice - and Postdog, thanks for the gardenlaw link, whiled away my lunch hour reading about other people's disputes!