Neighbour claims our garden

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Florine

I really don't know where to turn next on this one, and wonder if anyone here has any insights?

We live in a first-floor flat, and have been trying to sell it and move because it's hardly compatible with my caree's wheelchair!  We have new neighbours in downstairs who are claiming that, as well as their back garden, they own the front garden (including the off-street parking), which belongs to us.  Cutting a long story short, it definitely belongs to us - there's no question about it - but they just won't accept it, because they've got some paperwork which they're choosing to misinterpret as saying that ownership has been transferred.  I've written to their solicitor and dismantled their arguments.  Twice.  No response.  Tried phoning - no response.  Asked them to move their car off our drive - several times.  Got our solicitor to send them a letter telling them that the garden is clearly our property, and asking them to remove their car.  Nothing. 

Their solicitor is presumably no fool, and can't be encouraging them to persist with this baseless claim, so I can only conclude that the neighbours are deliberately ignoring the situation.  We feel totally helpless, and can't believe this is happening.  We can't sell the flat until this matter is settled, and it's dragging on and on.

Just before all this blew up, my caree, wanting some degree of independence and not having to rely on me for pushing duties, bought herself a mobility scooter so that she could get out and about.  Their parking their car on our drive is preventing her from keeping the scooter there, so she's had to leave it with a neighbour down the road, which means that she can't use it at all.  So effectively she's been trapped in a first-floor flat all over the summer - can't get out and socialise at all.

I'm told we could take action against the neighbours for trespass - but of course they will insist that the garden is theirs and they aren't trespassing.  Plus we still have to live with them downstairs, and it would be deeply unpleasant.  Not to mention that we have to disclose any disputes when we sell the property ...  All we want is a clear factual statement that the garden is ours, not theirs: it seems such a simple thing, but we don't seem to be able to get one.

Binky1234

This actually happened to us.
Neighbour planted trees on our land. I asked her to remove them she said no as she said it was her land.

Our council contacted  them via letter and asked if they would consider mediation, they replied a very firm NO!  This service is offered to all in Scotland. 

We then received a lawyers letter requesting us to correspondence with their solicitor.

We did as suggested but all our lawyers correspondence was ignored and her lawyer said he can only follow their instructions (they ignored everything)

Our insurance got involved as we had legal cover THANK GOODNESS WE DID HAVE LEGAL COVER as our savings were dwindling fast at this point we had forked out a grand then we contacted our insurance company.
 
Now this is when we knew things had changed and all parties were just a name and number as now our  insurance company took over was and trust me at this moment no stopping them even if we wanted to.

This is what happened from start to finish.
Asked neighbour to remove trees from our property.
They claimed it belonged to them.
Got in touch with council to arrange mediation.
We paid for a boundary survey.
Our solicitors contacted their solicitors.
Our neighbour never replied or instructed her solicitors.

Now the big boys come in aka our insurance company instructs  (Plexus Law) they sent numerous letters.
Contact was made with other parties insurance as the trees could cause damage to the foundations of our home.
They ignored the insurance so their own insurance served a (reservation of rights letter) on  them.

Still ignoring all correspondence.

Writ served on neighbour with court date to attend via sheriff officer.

Neighbour never turned up to court.
We won and an interdict was put on our neighbour to remove the trees and not allowed to plant anything withing 3 meters from the boundary.

Neighbour made to pay all costs: lawyers fees, boundary survey and court fees.

The judge also put a inhibition order on her property that will be removed once they paid all costs.

I hope it does not go that far you as this was a total nightmare and the worst 2 and half years of our life tbh.

This cost our neighbour in the regions of £20.000 due to their ignorance.

I changed during this period I went from a person who could stand up for themselves if needed to a complete nervous wreck and still suffer many health related issues through this one being fibromyalgia.

This happened in Scotland.