boundaries again

[nanscamp]

My daughter owns a middle terrace house joined to next door by an entry and upstairs bedrooms, she has the front bedroom, neighbours have the back. The entry is enclosed by large gates and a short drive to the pavement. The back is divided up into 2 equal gardens. The new neighbours to be have told her they intend to remove the large gates and the fence dividing the gardens and return it to a shared yard so they can park their 2 vans and 1 car there and are perfectly within their rights to do so. The deeds show a red line down between the gardens but no fence line t marks. The old neighbours have lived there many years and it always has been gardens not a yard. Sorry its a long one, where do we start? She has a 2 year old boy and needs to keep her garden.

[Sado]

I would think that this is illegal. Check with the CAB or take legal advice.
http://www.adviceguide.org.uk/

[themas]

Many deed plans do not have t marks. This does not matter. The boundary is the red line and the neighbours cannot encroach on her side of that boundary. From what you say, it seems that the entry is to give joint access to the back gardens. The deeds ought to give information on its ownership &/or use, but if the house is an old one they may not do so.

She should not leave this. She should see her solicitor (preferably the one who did the conveyancing when she bought) for advice. It may well be necessary for the solicitor to write to the new neighbours (or, if they have not yet bought, to the present owner and the estate agent) making the position clear.

[nanscamp]

Thank you for your replies. My daughter is waiting for the new people to get back in touch with her. She is determined they would not do this but was not sure where to turn first. I think they were trying it on, offering to pave the whole lot and make it look nice!!