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Remus2004
Remus2004, Barrister
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Experience:  Over 5 years in practice.
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My neighbour has demanded that I move a brick built flower

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My neighbour has demanded that I move a brick built flower bed which he states is 45mm over the boundary between our front gardens. There are no clear boundary lines and no fences. He has had a survey done by a Chartered Surveyor but didn't give the surveyor the true facts. The flower bed has been in its current position for 19+ years and was built by the people who owned my house before me. I bought my property in August 1995. I have the original estate agents information sheet showing the flower bed in situ. it is my understanding that the surveyors report is just a professional opinion not a proof of boundary (especially as he wasn't given the facts) and that because the flower bed has been there over 12 years I do not have to move it. He has threatened to have it moved and take me to court for payment of the bill, if I do not comply with his demands in 3 weeks. I am due to leave the country for a holiday in 2 weeks time and don't know what to do? I do not want to move the flower bed as I believe I do not have to. He is accusing me of trespass and that I did not seek his permission to build even though he has only lived next door 3-4 years and his girlfriend only bought the house from the council in January this tear, so he doesn't own the property.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

My neighbour has demanded that I move a brick built flower bed which he states is 45mm over the boundary between our front gardens. There are no clear boundary lines and no fences. He has had a survey done by a Chartered Surveyor but didn't give the surveyor the true facts. The flower bed has been in its current position for 19+ years and was built by the people who owned my house before me. I bought my property in August 1995. I have the original estate agents information sheet showing the flower bed in situ. it is my understanding that the surveyors report is just a professional opinion not a proof of boundary (especially as he wasn't given the facts) and that because the flower bed has been there over 12 years I do not have to move it. He has threatened to have it moved and take me to court for payment of the bill, if I do not comply with his demands in 3 weeks. I am due to leave the country for a holiday in 2 weeks time and don't know what to do? I do not want to move the flower bed as I believe I do not have to. He is accusing me of trespass and that I did not seek his permission to build even though he has only lived next door 3-4 years and his girlfriend only bought the house from the council in January this tear, so he doesn't own the property.

Expert:  Remus2004 replied 2 years ago.
45mm is less than 2inches. Is he serious? Do you mean 35 cm/450 mm which is about 18 inches?
The relevant periods for you to claim adverse possession of this land of the boundary is not in the correct place are 12 years if the property is not registered and 10 years if it is registered at the land registry.
Once you have "occupied" and treated a piece of land is your own (the flowerbed would be sufficient) for more than the relevant period, you can claim the land under the doctrine of adverse possession.
If you removes it, that is criminal damage and is a police matter. At this stage, he is threatening criminal damage and that is a police matter and you should immediately report back to the police
expect them to say that this is a civil matter but press the issue and tell them you have already spoken to a solicitor who was advised you to go to the police and ask them to warn the neighbour of potential criminal consequences.
It might be worthwhile seeing a solicitor who can threaten application to court for an emergency injunction to stop them touching anything pending determination of the boundary and whether you have (which you have from what you say) a claim for adverse possession.
If you have house insurance, I suggest you check the policy because you may have legal expenses insurance that would pay for the cost of the solicitors.
Can I clarify anything for you?
Jo
Remus2004, Barrister
Category: Property Law
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Experience: Over 5 years in practice.
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