Neighbour claims our garden

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.

Binky1234

My advise would be avoid going down this route and sell if you can (I wish we did) 

We have since sold our house as they removed any enjoyment or love I had for that property that was meant to be our forever home, the home where we had brought up our children the home in where many memories of our  children had made and the start of our marriage was. The home where our other neighbours had become good friends. They stole all that! and left me a nervous wreck in where I still to this day find it hard to trust people as I have saw 1st hand what antisocial behaviour does to one's life. 

Sorry for the long reply but when I saw your post old words opened and trust me I will say it again if you can move do it as something like this changes you and I don't think either party realises how much it does, their was no winners in our situation IMO.
 
The only winners were the lawyer's.

leeCal

Following the death of my father my mother had to go through the same or similar thing. They lived in the ground floor flat and the upstairs neighbour demanded the front and side garden. Apparently the architect had done a poor job on outlining the ground floor boundaries and my mum lost the case and subsequently lost her garden. Boundaries should be clearly outlined in the deeds surely.

Binky1234

All I can say is thanks goodness that the land registry in Scotland clearly marks out the boundary clearly, then a boundary surveyor confirms it.

The law is an ar$e imo as it was us who had to prove the land was ours.
They planted trees that could damage our property.
Yet if we cut the trees or damaged them in any way we would get done with criminal damage I Kid You Not.

Crazy crazy situation!

That is why we took out another mortgage for 5 years despite at the time being morgage free in our old house.

We moved to a brand new detached, yes we needed to tighten our belts in but it's so worth it.

I remember when we paid off our mortgage in our old house we should have been celebrating, instead it felt like a noose around ones neck sadly.

Anyway I'm getting quite tearful thinking about that time so I'm calling it a day for now on this thread.

leeCal

It was a very upsetting time for my mum as well
commiserations @Binky1234

Florine

Dear @Binky1234

Thank you: I'm very sorry to have dredged it all up again for you

Binky1234

@Florine it was my choice to answer I just got a bit emotional thinking about it.
After our court case we had to wait a good few years before we could sell, when we did sell we put it on the market and sold it to the 1st person who viewed it as they could not believe that we were not going to a closing date (in Scotland property goes to a closing date and basically you have a bidding war) they asked us what we wanted and we told them that the 1st person to offer x the house will be theirs, no closing date no bidding war.

Anyway back to you please if you can sell and sell now.

Don't go to court.

Don't argue who owns the whatever, land surely the buyers lawyers will find that out for their clients but idk tbh as I think land ownership in England is really quite different due property  law being different compared to Scotland, in Scotland its quite easy as what belongs to the property is marked and is clearly set out in red. 

Parking
Garden area
Property

Again if you can move as some people are just not worth the time nor energy.

Don't let this situation waste years of your life, no winners going to court only the lawyers win imho 


Take care and good luck in whatever you decide.

Binky1234

https://www.gov.uk/your-property-boundaries

Maybe this link will help.