Rural garden boundary issues with neighbours.

[LOG33]

I have severe problems from new neighbours which is motivated by hate.  It has included stalking, malicious complaints, hate crime, verbal abuse, dumping rubbish in my garden to harass. 

I have the exact measurements in my root conveyance for my land and have shown the police. It is rare to have such clear measurements and I think the neighbours were not banking on us having these, but it seems to have made no difference to putting a stop to the behaviour.

They are creating a  situation to harass us further to go beyond their fence line, trespass into my garden and even film me in my garden with the mobile phone. They built a door into their fence line, finished the fence line off with plastic sheeting to pop through at will. They left the other end with a gap in it.

There has never been any adverse possession claim and there can not be since their garden had been derelict for over 12 years anyway.

The police are telling me that this neighbour has not provided evidence that he owns part of our garden but say he does not have to and the mere verbal claim that this is his garden is enough for them not to act.

Can this be correct?

[honeybee13]

Hello, welcome to CAG.

I've moved your thread to our Residential subforum, I think you'll get more replies here.

Best, HB

[LOG33]

Ah Thank you. 

[dx100uk]

thread title slightly updated.

go onto the land registry .gov site (only)!!

and get a copy of your deeds.

there should also be plans detailed which should match those you have.

 you could also download theirs..

[LOG33]

I've done that already.

My deeds are HM Land registry stamped as is the root conveyance with measurements to the inch measured against another plot of land.

There has been no change in boundary or neighbours for over 40 yrs. 

Their plans are only general.

The neighbours do not have deeds with exact measurements on. 

HM Land registry has less accurate deeds showing general boundaries only. 

Just for clarity - this is my question: "

The police are telling me that this neighbour has not provided evidence that he owns part of our garden but say he does not have to and the mere verbal claim that this is his garden is enough for them not to act.

Can this be correct?"

We require police action to stop the insidious harassment, for protection and privacy in our own garden from this unwanted intrusion several hours a week causing harassment, alarm and distress. 

[BankFodder]

Adverse possession is much more difficult to establish nowadays then it was only a few years ago. Make sure that you have a look at recent changes – but the risk of suddenly finding that your property has been adversely possessed are really quite remote.

I'm trying to understand what you are saying. How about some pictures. Are you saying that there is a fence with a door or gate in it which allows access to your garden?
Are you saying that the fence does not go right to the end and there is a gap so that there is a through passage directly to your garden?
Are you saying that they have actually trespassed onto your garden?

You say they are filming – but what are they filming?

I think you should start off by keeping a very very detailed diary day-to-day of everything that happens, it is said, with as many photographs as possible and frankly it might be an idea for you to install a camera somewhere high up on your property so that you can keep ongoing recording of any intrusions into your property or any rubbish sorry et cetera.

I'm really not sure that the police are the people to go to at this point in time. I think you are going to end up taking a civil action for nuisance and or trespass.

You say they are new neighbours. How long?

Do you have any idea why they are doing what they are doing?

If there are any moved in recently have you any idea of their previous address and whether there was any evidence of that kind of behaviour at that previous address as well?

[LOG33]

Yes to all your questions.

They are doing it to harass and it is motivated by hate. 

Pointing mobile at me and filming in my garden from my garden through their fence line to harass. 

Yes it is a police issue as I have already described criminal activity. I know that already.

 

Question is,

Is it correct that they do not have to show proof of ownership to police as we have done?

For example you have someone come into your house.

You call the police to remove them.

They tell the police they own your house.

The police ask you for proof of ownership and you show them your deeds and proof.

Then they claim the trespasser doesn't have to show proof of ownership and instead take their word that the house belongs to him or is in dispute. 

[dx100uk]

doesnt work like that.

for point of worth also..they can film what they like where they like, what you describe is not a criminal act.

5 hours ago, LOG33 said:

We require police action to stop the insidious harassment, for protection and privacy in our own garden from this unwanted intrusion several hours a week causing harassment, alarm and distress. 

not their problem

it's a civil matter.

1 hour ago, LOG33 said:

Yes it is a police issue as I have already described criminal activity. I know that already.

no its not

6 hours ago, LOG33 said:

There has never been any adverse possession claim and there can not be since their garden had been derelict for over 12 years anyway.

immaterial.

6 hours ago, LOG33 said:

he does not have to and the mere verbal claim that this is his garden is enough for them not to act.

they didn't say that as the reason...the reason is it's a civil matter..

.................................

you only course of action is to send your neighbour a copy of your root conveyance for the land in a cease and desist letter .

 

 

[LOG33]

It's illegal to use a mobile phone to record me in my private back garden and this instance it constitutes harrassment. 

I would like this thread closed now. 

Thank you all for your help. 

[dx100uk]

no its not illegal, where did you get that from?

it is not harassment, ......

we dont close threads simply dont post!!

dx

 

[LOG33]

Ok.   Thanks for your help.  I have the answers I need now and the matter is resolved. 

[stu007]

Hi

The problem you have at present from your posts so far is this is a Civil Matter and is why the Police are not getting involved.

What you need to do is send that neighbour a Copy of your Root Conveyance for your Land with a Cease and Desist Letter ensuring to keep copies and get proof of posting.

The mobile phone recording as such are not illegal but if for example they start posting these on social media for example Facebook/Meta etc. without your consent then that is a different matter.

Google 'neighbour land dispute case law uk' and see what comes up and have a wee read

Google 'Protocol for Disputes between Neighbours about the Location of their Boundary (The Boundary Disputes Protocol)' and see what comes up and have a wee read

This seems more like a Property Boundary dispute that has happened which is a Civil Matter

[LOG33]

I've had the correct answers from a specialised solicitor now, thanks.  I have a plan in place. This matter is now resolved. 

[dx100uk]

which is?

you hope its correct...

money and fools are easily separated.

dx

 

[BankFodder]

I'm pleased that you seem to think that you have the problem sorted out.

To come back and let us know if the issue continues.

In terms of photographing, it is unlikely to be harassment but you would be on a better footing if the photographs were used in a harassing way.
The whole thing really depends on context and duration