How to solve the boundary dispute with a stressfully difficult neighbor?

[Pixy_E]

I hope someone can help me here.
I’ve been drowning in this dispute for almost three years with no progress.

to be short, my downstairs neighbor had a single way locking gate into my garden and his fence includes half of the sharing land into his own private use. So he can come into my garden anytime anywhere but we can’t go into his. The only document of the land showing a different shape of boundary and the sharing land is completely open for both side.

The neighbor claimed that he has been living here over 30 years but he don’t have any evidence to show that the land he usurped had been registered, he only has responsibilities for maintenance, but we share the same right of access over it. Plus, the map from estate agent showing that I owns all of the area outside his fence when I bought it.

we were first time buyer and we didn’t check all of the documents carefully ourselves, either did our conveyancer noticed the difference between actual boundary and the lease.

The neighbor dig out my new tiles outside his fence on the sharing land, which was the first time we called the police (end up to be useless) and took it seriously as a dispute.

I’ve tried solicitor letters, a charter surveyor report , to show the neighbor the fact of his encroachment( his shed is over sailing part of my land according to the lease) and trespassing (he kept putting things covering the whole sharing bit) , but he just ignore everything by attaching words only.

after two years “letter fight”, he finally used a solicitor (Atwell, London) (he intended to sale his property, and needs a deed of variation with us), who ended up to be aggressively baseless just like the neighbor! So far, they can’t show any evidence to prove his position but only asking for my land.

I heard that the court doesn’t worth the money, but I don’t know if there is another way to get this done as the neighbor has been taken advantage of his right of access to intrude my garden anytime. He left his scraps in my garden, taking pictures from my garden into my balcony/kitchen, he stole the tennis balls I left in my garden overnight, he dig out my tiles when we were on holiday… basically, we can’t use my garden due to his “right of access”. We have been so stressful for his harassment over the years…

many advice or similar experience are welcome. Please.

 

[Pixy_E]

if you can prove it's your land .. just pull the fence down .. simples ..

His fence is in the middle of the sharing land which is blocking my right of access. He is a retired and stay at home all the time, but we are not.
So if we find a chance to put it back today, he could quickly put it back himself the next day. I guess he is a retired builder or something so he know how to destroy and fix. I saw he has some industrial tools at home.

 

[Pixy_E]

The first thing I'd do is block the gate... A simple sliding bolt on your side with a padlock would do...

Then see what he says to that.

Don't stress if the police are called as its a civil matter, not criminal so they won't do anything more than a few words.

The fact he has asked for you to sign a variation of deeds would, to me, indicate he knows he is wrong and wants you to sign over the mistakes as correct. Not a chance I would do this as you then lose all rights to the land he is asking you to sign over.

Ass I said - Block that gate to stop him encroaching on your side is the first thing I would do. He can't have it both ways.

We did try to lock him with a chain and padlock, he stole the whole thing when we were away.
The bad thing is, he is a retired healthy guy and he has all his time to spend at home, but we are busy with young kids.
Since he dig up half of my tiles while we on holiday, we put a cctv, but he is fearlessly shameless, still kept coming into my garden, moving my stuff around, watering his pot … headache.
I agree with what you said that his intention of signing a change of variation means he know he is wrong, but his solicitor has the same tone with him, claiming that if we don’t agree then the case will bring in front of a judge.

 

[Pixy_E]

Firstly, is it freehold or leasehold? Secondly do you have a copy of the deeds? Thirdly don't sign anything and wait.

It’s a long lease hold, so there is no registration of ownership. Land registry shows that the whole two garden is shared between us two lease holders. And the dead shows a completely different shape of boundary line as it was sold to me.

 

[Pixy_E]

So this guy has been illegally using your land and now he wants to sell, needs you to sign a deed of variation to show that he is allowed to do so? Is he mad?

Yeah, but neither the police or his solicitor tells him is illegal ! If the only one can tell him off is the judge, Why shall I spend money for his education?!

 

[Pixy_E]

Surely if you watch the cctv and he damages a lock the police would get involved? Failing that tell them he hurt your feelings as that seems to be the only way to get them to respond .

The police always respond, and whatever he did to us, all can end up to be “civil dispute”.

 

[Pixy_E]

Yeah exactly...that is criminal damage.

You reckon he is leaving? I'd try and have a conversation with the estate agent once it is listed. There is no other low cost option available...

We did, that’s why he needs a “deed variation” now.

 

[Pixy_E]

So his solicitor sent a letter requesting you sign over your rights to the shared land... because...?

A deed of variation proves they know its current use is against current terms so all you have to do is sign nothing. Estate agents aren't going to lie about who owns the land when they try to sell it.

The estate agent only sell whatever the buyer tells them. The neighbor lied to the agent as we saw from my cctv once that they were presenting in my garden to a potential buyer. Then I realized he’s selling, and contacted the estate agent, and now he want a deed variation.
otherwise he was trying to sneakily sell half of my garden!

 

[Pixy_E]

Sorry what? The lease will 100% be registered. There will be a plan attached to the lease, all documents (should) be available on the Land Registry. Do you have a copy of both leases?

Just sounds like this guy is a mahoosive bell end.

Thank you, I was laughing silently at your last three words.
Yes I have both leases and the plan shows the same. I also checked on google earth, which show the actual boundary has been historically changed into the current shape, but when we contacted the freeholder, who said it should still follow the deed.
The actual boundary has already split the sharing part almost equally for both side, with his fence in the middle. But the neighbour still claiming the other side out of his fence is his, and covering the whole pit by his bulky stuff, which is not easy to move.

 

[Pixy_E]

I would suggest,
1) cut your losses with this guy. try and get whatever peace you can.
2) inform the estate agent that this house will be a nightmare to sell as he is a "neighbour from hell" as evidenced by CCTV of him ripping off pad locks, digging up your land
3) assure the estate agents that you will work with the prospective buyer to resolve the issue as per the deeds

You could have a get out of jail free card here if played well...

I considered this option: let his sell however he want to get rid off him first, and then negotiate with the new owner. But when we noticed that he was lying to the estate agent and the buyer, we decided to tell the estate agent about the truth. And now he is using a solicitor to ask me sign a deed of variation.
If I think like a seller, the little piece of sharing land would add on any value to his property, but only dispute with neighbour and lack of privacy. Why would a buyer prefer that?

I checked online, his list has been off the page from estate agent. Not sure what's he's up to now.

 

[Pixy_E]

This would be theft and criminal damage. Have you explicitly told the police about these incidents?

Yes we have, hundreds of times. Not only about the garden, he has also did a lot of harassment to my family. But the local police seems to be familiar with him or something, since our cases all down to a specific officer from a team called "safe neighbourhood", where the officer doesn't do anything but keep asking me to pay more money for a solicitor and go for court.

 

[Pixy_E]

deed plan and physical boundary on google

 

[Pixy_E]

I think a picture would help op. I'm not justifying it but if he's thought that the garden is his for the last 30 years it might take a lot of convincing, then again he could just be the bell end type.

deed plan and physical boundary on google

 

[Pixy_E]

Is the URL you want.

What do the red and blue lines mean?

Why I can't see the pictures here?

The red and blue is the physical boundary. The yellow part (pic 2) is where my neighbour claims to be his by covering his bulky rubbish and wheelie bin and so.
The green on lease plan is where both side have the same right of access, but I need to maintain; the brown triangle part is where both have the same right of access, but neighbour need to maintain.

 

[Pixy_E]

I think a picture would help op. I'm not justifying it but if he's thought that the garden is his for the last 30 years it might take a lot of convincing, then again he could just be the bell end type.

https://imgur.com/a/g36c819

The red and blue is the physical boundary. The yellow part (pic 2) is where my neighbour claims to be his by covering his bulky rubbish and wheelie bin and so.
The green on lease plan is where both side have the same right of access, but I need to maintain; the brown triangle part is where both have the same right of access, but neighbour need to maintain.

 

[Pixy_E]

Whatever you do, do not let what's yours slide into his hands. Thinking that getting rid of him may make your family's life easy in the long run, there's no guarantee that your new neighbour will be any better. That's the sad reality, so stay positive and clear headed

Thank you

 

[Pixy_E]

If the gate is on his side of the boundary then it belongs to him and there is nothing you can do to that gate. You are absolutely not allowed to lock his gate. He is within his rights to remove any lock you place on his gate. However, there is nothing stopping you placing a fence panel on your side directly in front of his gate. If he knocks it down then you can have him arrested for damaging your property. That should get the message through.

He already dig away my tiles out side/in front of his fence and the police didn’t give him any ticket. I believe he would have my gate destroyed again.

 

[Pixy_E]

Indeed - however it's worth actually getting the land registry and deed from the gov website for their property as we as your own. Then you can be sure that there's no clauses in their deed that state any rights. The fact that you register a dispute ensures that it will (or should) appear on any buyers radar for theirs and your houses, it will also show that it's solved and how in writing.

I have the PDFs for all the houses here and a particularly aggressive woman (a solicitor) that rents property that believes that the visitors spot she has covered with a bush means it's only her parking spot. There's nothing written but I'm tempted to get it all in writing - either she is in the wrong (boo hoo) or she is in the right - where she then is open to claims for compensation by all the house holders that deeds show an entitlement to park there. off topic but in the end - paper logged in court may be the only way to back up forcibly using the police to remove the fence/rubbish and ensure why is rightfully yours is as it should be. The key here is getting the police to act - a legal/court point is about the only way that will happen.

You meant… court is the only possible solution…(?)

 

[Pixy_E]

Thank you for sharing the story.

 

[Pixy_E]

Depends entirely on access etc.

I know people in old terrace houses and the neighbours technically can walk from three doors in across two back gardens to get to the side entrance....you couldn't block those gates for instance

You are right