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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have issue with my neighbour who happens to be my Uncle we

Customer Question

I have issue with my neighbour who happens to be my Uncle
we bought our semi detached proprieties in early 80s We bought his in 1981 in his name as we family paid the deposit and he got a loan on it. Which was serviced by rental and family business in Kenya. He was given a job in business he lived and stayed in family house a salary which he did not use for servicing house to my understanding. He came back in late 90s (1998/99) my property was bought in 1983 and we had extension done both property joined it with a patio door in-between the house for easy excess and the garden as one But I had brick out store built at end of my garden.
As his house was seen as family one since we where servicing from business. all extension ect was done by us I looked after the property tell early 1990s
He came back and took over the property as his own as his name was on it He made a deal he says that this property for share in Kenyan property.
my house was occupied By my mother and sister with my other uncle's children from Kenya As you know we Ind***** *****ke extended
My Mother went into home which my sister arranged in 2000/2001 I was not aware of this. I was working in west Africa. I was sort of out of the Extended family circle since my marriage in 1987 and when I moved out in 1990/1.
It is in latish 2007 when I cam back I went to see my mum and then the sister.And to ask them to pay rent or move out my cousins as they where working and earning.It the I found my uncle had built the outhouse adjoining mine, my out house which I mentioned before was built when the extensions where done in 1983/84. And he had boarded up his side of patio door I am sure if this is legal as my side has the door still.If this a fire hazed as it the kitchen on his side and mine.
My mother passed on in January 2008 and i asked everyone to move out including my sister. I found out that my sister lied and backed the other when I told them pay rent or move out.That they have no where to go . But my uncle and son had bought house in 2003 and rented. While staying in my house free non payment and I was paying a mortgage.
Due to my action I had big bust up.He said he wanted me to put up the fence. I then found out that he was encroaching on my land. I got solicitors involved and and official surveyor Who proved he was encroaching and my uncle had sent to my solicitors his findings which confirmed he was in wrong by going on my land by 20cm wih his building and he must have been using my foundation too. But this need to proved by more money to spent
I spent lot of money with is went to barrister which solicitor arranged to get some conclusion. But uncle rejected all I was ill after this issues as i did not get anywhere and did not have money and my solicitors practice closed.In this period i have had the property on rent via agent. But when I visited the property after tenants complained about the agent I visited and so the My uncle had put up a fence to and now taking in my garden land as well now 20cm The land behind my property and my uncles belongs to me the size is 35ftx 65ft so I want make all this one piece for my property
I want him to remove this fence and the back house and get it sorted once I do not want compensation for land lost I want this removed.
1.I want the land registrar done showing the surveyors report measurement as confirmed by my uncle.So when I come sale my property there no issue
2.So how do I go about getting the out house and fence removed and get extra compensation for my suffering time and money spent already over £3k I have any recourse from getting any thing from my uncles property share as we have contributed from business in the getting it servicing it and extension
4.what of my uncles son who lived in my property rent free and he rented his house
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is ***** ***** I will try to help with this.

What happened after the survey confirmed that he had encroached on your land?
Customer: replied 3 years ago.

We wrote to the neighbour But he would not have anything do do with It i asked the solicitor to take him to court. The solicitor asked me go see a barrister with him to get a consultation

The barrister give advice and a letter was to be written to my neighbour It was at this time the partnership go closed.The letter was to say we pay for half the cost for him to remove the store. he just did not want to know.

I did not get any new solicitor as i was not well and cost was high did not have any money left

I had to rent the property get income but the garden was open. As I left full management with agent I thought all was well. He had complained to solicitor about tenants. He wanted me put up the fence and I said he need to remove the encroachment as it will effect the property sell when the boundary are checked and when I do fence.

He has now put up fence taking more land from me i want the fence going and store encroachment gone i do not want to sell anything to him AS i have suffered enough from him not being reasonable

I wanted this boundary confirmed in my deed to as i now have survivors report and my neighbour confirming it So how do do this

Customer: replied 3 years ago.

I just found a draft letter from solicitor. This is letter sent to the neighbour

Please advice

Dear Sir,

Re: Boundary

Without Prejudice Save as to Costs

We write further to our letter to you dated 14th April 2009.

You will appreciate, having seen a copy of our client’s surveyor’s report, that both parties agree as to the location of the boundary between the properties at the rear.

There are therefore only 2 issues remaining in dispute:

  1. Whether or not the outhouse you have erected, and which adjoins the outhouse at the rear of our client’s property, extends over the agreed boundary by 20cm; and

  2. Whether or not the outhouse has enclosed the wall of our client’s outhouse and/or relies on the wall or its foundations for support.

The conclusion of our client’s surveyor in relation to the first issue, as you are aware, is that the outhouse you have constructed clearly extends over the boundary by 20cm. Although you have suggested in your letter dated 6th March 2009 that the surveyor’s calculations are wrong, you have failed to identify why and have not provided any alternative calculations of your own surveyor to dispute those put forward by our client. We can only assume that you have no proper basis for disputing the surveyor’s calculations and intend nevertheless to continue to trespass on our client’s property.

In relation to the second issue, you are aware that, you having refused an opportunity for inspection, our client does not necessarily accept that your outhouse has not enclosed the flank wall of his outhouse, or that your outhouse does not rely on the foundations of our client’s wall for support. Nevertheless, we note from your letter dated 31 December 2008 that you do not claim any right of support in respect of the outhouse you have constructed and that you claim it has its own foundation and own wall. We hereby put you on notice that our client will rely on this assertion in the event that he decides to demolish the outhouse he has constructed, and will not therefore accept any responsibility for damage which may result to your outhouse as a result.

Our client has now had the opportunity to consult Counsel in relation to the outhouse and intends shortly to issue proceedings for an injunction requiring you to remove the outhouse in so far as it extends over the agreed boundary. For the avoidance of doubt the basis of this claim will be that the outhouse constitutes a trespass in that (a) it extends beyond the boundary by 20cm; and/or (b) has enclosed the flank wall to our client’s outhouse and/or relies on the foundations thereof for support.

You will appreciate that in the event that the Court grants the injunction and/or damages, it is likely to order you to pay the costs of the proceedings.

In addition, our client intends to erect a fence along the line of the agreed boundary, which will of course make it clear to any potential purchaser of either property that the outhouse you have erected stands over the boundary line.

However, in a final attempt to avoid the cost of proceedings, which otherwise appear to us to be wholly unnecessary, our client is willing to offer that the necessary works to remove the outhouse in so far as it trespasses over the boundary be carried out on a joint basis. Our client’s builder estimates that the costs of the necessary works would be £……..

Accordingly, our client is prepared to offer to pay £……. towards the costs of removing the trespass over the boundary and the erection of a fence along the line of the agreed boundary, on the basis that you pay the remainder of the costs and the works are carried out by an agreed date.

In the event that you do not accept this offer, we reserve the right to refer to this letter before the Court on the question of costs.

This offer will remain open for 14 days from the date of this letter.

Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help you with this,
Has any evidence been presented to show the neighbour is not encroaching?
Customer: replied 3 years ago.

No he just sent the drawings, which confirm what my surveyor found to be my land boundary I spent all the money etc to prove this and to find a way out the surveyor calculate a price but i was interested in selling i wanted him off my property for future sale and the land at back belongs to me which was bought separately to the house. His only proof was And he Said the building regulation of the council said the building fine I contact council by email please the following. He had elrated the fence now too and taken more of my land

Yesterday i sent a Form to the Land registry to put in the finds of my surveyors measurement of the boundary. So it is confirmed on the deed I hope this ok to do

Mr.Vijay Patel

Date: 4th Aug 2009

Dear Vijay Patel,

Mr.Rohit PateI

RE: Boundary And Fencin2

I am forced to forward this letter to you as it has now been over 3 months since the last letter, regarding the issue stated above which has been unresolved by yourself. As I have already advised you that the fencing between 48 &***** is entirely your responsibility as per the Party Wall Act.

The allegations made by you regarding the encroachment of my rear outhouse onto your property, the foundation of my outhouse and the blockage of your outhouse air vent are completely fallacious. I would like to bring to your attention that I had sought advice from the Hounslow Borough Council Building Control Department. The Council Building SurveyorlEngineer had visited my side of the property and has now clarified and cleared myself in written statement, the allegations that were made by yourself as stated above.

Furthermore I would also like to bring to your attention as previously mentioned on numerous occasions, that by not putting up the fence you have clearly breached the privacy and security of both, my family and I causing undue stress and grief_ In addition to all this you have clearly failed to advise your tenants on disposal of waste properly, this has led to a very unhygienic environment around my property and other properties. Should you wish to dispute this matter further I will not be liable for any fmesmade by the Council.

I am reiterating again that the left side of the fencing on the rear properties is entirely your responsibility as per the Party Wall Act. I advise you to put up a fence as soon as possible to avoid any further costs or fines to yourself.

Yours Sincerely,


and I emailed council there reply was



To: *****@******.***

Dear Mr Patel

Thankyou for your recent e-mail concerning the above address. We have advised Mr Rohit Patel that we do not anticipate proceeding with enforcement action under the Building Regulations in respect of his outbuilding. Your dispute with him appears to relate to the provision of a fence between the rear gardens and encroachment of his outbuilding. These issues constitute a civil matter are beyond the scope of the Building Regulations. Consequently, we are unable to comment further.

Kind regards

Steven Ewington
Senior Building Control Surveyor
London Borough of Hounslow

Expert:  Ash replied 3 years ago.
Ok. What you need to do is apply to the court for a declaration as to where the boundary is and that the neighbour Moves the fence back.
I would first though get a solicitor to write and give it one last go. If that does not work then you will need to issue proceedings in court for a declaration.
You would be able to use this surveyor reports which you have already obtained. The judge will then make a ruling as to where the boundary is and that the neighbour should move the fence back.
If the judge orders and he refuses then he could be in contempt of court and be warned, fined or sent to prison.
Any legal fees you spend on solicitors could be recovered if you win.
Can I clarify anything for you about this today please?
Customer: replied 3 years ago.

I have few clarification

I have sent my surveyors findings and the neighbours finding to Land registry to be entered in the Land registry Yesterday is that OK.

I filled in a form called application to determine the exact line of boundary

So you feel I should tell him move his fence back via A solicitor one more time or can i do it myself , the reason i am using user services as I do not have much free funds I told you I have spent enough on this issue on encroachment of the back building store £4500 + How would get that back

But as you can see he says the fence belongs to me SO with his letter and the council letter what do you think my scope is of wining

Expert:  Ash replied 3 years ago.
A. Yes you can send it to the land registry and that is fine. But the land registry may want a court order to declare the issue.
B. You can do it yourself in court. You can also seek the £4500 you have spent in costs if you have invoices or receipts.
Does that help?
Customer: replied 3 years ago.

There are 2 issues here I want for the store to be removed as he is on my property And he has then gone ahead and but up fence once he has not accepted my findings. so are you saying get the courts to get determine the boundary via the surveyors report and then get the fence re moved then I put my fence up then get the store to be removed or can I do both get him remove the fence and the building

In the surveyors report in 2008 he worked out a cost for land lost I hope that would be an issue I am sure if the old solicitor had sent this to neighbour/ I was not interested in it as I went to get he off my property and I know he on my foundation of my store To prove this i have spend more money to dig up

Expert:  Ash replied 3 years ago.
1) The Courts must determine and make a declaration - yes.
You cant get them removed as it COULD be criminal damage. You should get a Court order.
Customer: replied 3 years ago.
So my line of action is what
Do I write to him first to move the fence and then go to courts or Do I just go courts to get this removed and the building and ask the court to determine the boundry
Expert:  Ash replied 3 years ago.
Write first and then go to court.
I hope that helps.
Expert:  Ash replied 3 years ago.
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