How to solve the boundary dispute with a stressfully difficult neighbor?

Associate
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I hope someone can help me here.
I’ve been drowning in this dispute for almost three years with no progress.

to be short, my downstairs neighbor had a single way locking gate into my garden and his fence includes half of the sharing land into his own private use. So he can come into my garden anytime anywhere but we can’t go into his. The only document of the land showing a different shape of boundary and the sharing land is completely open for both side.

The neighbor claimed that he has been living here over 30 years but he don’t have any evidence to show that the land he usurped had been registered, he only has responsibilities for maintenance, but we share the same right of access over it. Plus, the map from estate agent showing that I owns all of the area outside his fence when I bought it.

we were first time buyer and we didn’t check all of the documents carefully ourselves, either did our conveyancer noticed the difference between actual boundary and the lease.

The neighbor dig out my new tiles outside his fence on the sharing land, which was the first time we called the police (end up to be useless) and took it seriously as a dispute.

I’ve tried solicitor letters, a charter surveyor report , to show the neighbor the fact of his encroachment( his shed is over sailing part of my land according to the lease) and trespassing (he kept putting things covering the whole sharing bit) , but he just ignore everything by attaching words only.

after two years “letter fight”, he finally used a solicitor (Atwell, London) (he intended to sale his property, and needs a deed of variation with us), who ended up to be aggressively baseless just like the neighbor! So far, they can’t show any evidence to prove his position but only asking for my land.

I heard that the court doesn’t worth the money, but I don’t know if there is another way to get this done as the neighbor has been taken advantage of his right of access to intrude my garden anytime. He left his scraps in my garden, taking pictures from my garden into my balcony/kitchen, he stole the tennis balls I left in my garden overnight, he dig out my tiles when we were on holiday… basically, we can’t use my garden due to his “right of access”. We have been so stressful for his harassment over the years…

many advice or similar experience are welcome. Please.
 
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Soldato
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So this guy has been illegally using your land and now he wants to sell, needs you to sign a deed of variation to show that he is allowed to do so? Is he mad?
 
Soldato
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The first thing I'd do is block the gate... A simple sliding bolt on your side with a padlock would do...

Then see what he says to that.

Don't stress if the police are called as its a civil matter, not criminal so they won't do anything more than a few words.

The fact he has asked for you to sign a variation of deeds would, to me, indicate he knows he is wrong and wants you to sign over the mistakes as correct. Not a chance I would do this as you then lose all rights to the land he is asking you to sign over.

Ass I said - Block that gate to stop him encroaching on your side is the first thing I would do. He can't have it both ways.
 
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Associate
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if you can prove it's your land .. just pull the fence down .. simples ..
His fence is in the middle of the sharing land which is blocking my right of access. He is a retired and stay at home all the time, but we are not.
So if we find a chance to put it back today, he could quickly put it back himself the next day. I guess he is a retired builder or something so he know how to destroy and fix. I saw he has some industrial tools at home.
 
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Associate
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The first thing I'd do is block the gate... A simple sliding bolt on your side with a padlock would do...

Then see what he says to that.

Don't stress if the police are called as its a civil matter, not criminal so they won't do anything more than a few words.

The fact he has asked for you to sign a variation of deeds would, to me, indicate he knows he is wrong and wants you to sign over the mistakes as correct. Not a chance I would do this as you then lose all rights to the land he is asking you to sign over.

Ass I said - Block that gate to stop him encroaching on your side is the first thing I would do. He can't have it both ways.
We did try to lock him with a chain and padlock, he stole the whole thing when we were away.
The bad thing is, he is a retired healthy guy and he has all his time to spend at home, but we are busy with young kids.
Since he dig up half of my tiles while we on holiday, we put a cctv, but he is fearlessly shameless, still kept coming into my garden, moving my stuff around, watering his pot … headache.
I agree with what you said that his intention of signing a change of variation means he know he is wrong, but his solicitor has the same tone with him, claiming that if we don’t agree then the case will bring in front of a judge.
 
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Firstly, is it freehold or leasehold? Secondly do you have a copy of the deeds? Thirdly don't sign anything and wait.
It’s a long lease hold, so there is no registration of ownership. Land registry shows that the whole two garden is shared between us two lease holders. And the dead shows a completely different shape of boundary line as it was sold to me.
 
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So this guy has been illegally using your land and now he wants to sell, needs you to sign a deed of variation to show that he is allowed to do so? Is he mad?
Yeah, but neither the police or his solicitor tells him is illegal ! If the only one can tell him off is the judge, Why shall I spend money for his education?!
 
Soldato
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Surely if you watch the cctv and he damages a lock the police would get involved? Failing that tell them he hurt your feelings as that seems to be the only way to get them to respond :p.
 
Soldato
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Surely if you watch the cctv and he damages a lock the police would get involved? Failing that tell them he hurt your feelings as that seems to be the only way to get them to respond :p.
Yeah exactly...that is criminal damage.

You reckon he is leaving? I'd try and have a conversation with the estate agent once it is listed. There is no other low cost option available...
 
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It’s a long lease hold, so there is no registration of ownership. Land registry shows that the whole two garden is shared between us two lease holders. And the dead shows a completely different shape of boundary line as it was sold to me.

Sorry what? The lease will 100% be registered. There will be a plan attached to the lease, all documents (should) be available on the Land Registry. Do you have a copy of both leases?

Just sounds like this guy is a mahoosive bell end.
 
Soldato
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So his solicitor sent a letter requesting you sign over your rights to the shared land... because...?

A deed of variation proves they know its current use is against current terms so all you have to do is sign nothing. Estate agents aren't going to lie about who owns the land when they try to sell it.
 
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OP
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Surely if you watch the cctv and he damages a lock the police would get involved? Failing that tell them he hurt your feelings as that seems to be the only way to get them to respond :p.
The police always respond, and whatever he did to us, all can end up to be “civil dispute”.
 
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So his solicitor sent a letter requesting you sign over your rights to the shared land... because...?

A deed of variation proves they know its current use is against current terms so all you have to do is sign nothing. Estate agents aren't going to lie about who owns the land when they try to sell it.
The estate agent only sell whatever the buyer tells them. The neighbor lied to the agent as we saw from my cctv once that they were presenting in my garden to a potential buyer. Then I realized he’s selling, and contacted the estate agent, and now he want a deed variation.
otherwise he was trying to sneakily sell half of my garden!
 
Soldato
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I would suggest,
1) cut your losses with this guy. try and get whatever peace you can.
2) inform the estate agent that this house will be a nightmare to sell as he is a "neighbour from hell" as evidenced by CCTV of him ripping off pad locks, digging up your land
3) assure the estate agents that you will work with the prospective buyer to resolve the issue as per the deeds

You could have a get out of jail free card here if played well...
 
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Sorry what? The lease will 100% be registered. There will be a plan attached to the lease, all documents (should) be available on the Land Registry. Do you have a copy of both leases?

Just sounds like this guy is a mahoosive bell end.
Thank you, I was laughing silently at your last three words.
Yes I have both leases and the plan shows the same. I also checked on google earth, which show the actual boundary has been historically changed into the current shape, but when we contacted the freeholder, who said it should still follow the deed.
The actual boundary has already split the sharing part almost equally for both side, with his fence in the middle. But the neighbour still claiming the other side out of his fence is his, and covering the whole pit by his bulky stuff, which is not easy to move.
 
Associate
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Yeah, but neither the police or his solicitor tells him is illegal ! If the only one can tell him off is the judge, Why shall I spend money for his education?!

We did try to lock him with a chain and padlock, he stole the whole thing when we were away.

Since he dig up half of my tiles while we on holiday, we put a cctv,

This would be theft and criminal damage. Have you explicitly told the police about these incidents?
 
Associate
OP
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I would suggest,
1) cut your losses with this guy. try and get whatever peace you can.
2) inform the estate agent that this house will be a nightmare to sell as he is a "neighbour from hell" as evidenced by CCTV of him ripping off pad locks, digging up your land
3) assure the estate agents that you will work with the prospective buyer to resolve the issue as per the deeds

You could have a get out of jail free card here if played well...
I considered this option: let his sell however he want to get rid off him first, and then negotiate with the new owner. But when we noticed that he was lying to the estate agent and the buyer, we decided to tell the estate agent about the truth. And now he is using a solicitor to ask me sign a deed of variation.
If I think like a seller, the little piece of sharing land would add on any value to his property, but only dispute with neighbour and lack of privacy. Why would a buyer prefer that?

I checked online, his list has been off the page from estate agent. Not sure what's he's up to now.
 
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