Couple claim neighbors took garden land whilst they were away. Council and police won’t help resolve the dispute.
This situation originated from an extension application the Bells filed due to potential problems with their home’s gutter and walls. The Myers family encroached upon the Bells’ garden, taking 1.2 meters on one side and 76 cm on the other for their purposes.
According to Rosa, the council and police are unable to intervene, leaving the court as the only avenue for resolution. Surveyors faced difficulty in determining the true boundary line, resorting to outdated deeds from the 1930s. Rosa’s attempt to obtain damages in court failed due to the absence of a formal boundary ruling. The neighbors have not attempted to rectify the issues, causing considerable stress to the Bells regarding their home.
The Bells purchased the house for their retirement. They claim that the neighbors moved the fence without obtaining court permission or reaching any mutual agreement. They witnessed this act on camera while they were traveling in Australia. In addition to moving the fence, the neighbors also cut plants and trees in their garden.
The Bells commissioned surveys, incurring significant expenses that ultimately proved inconsequential. The neighbors broke into their garden, moved the shed, and left unwanted items there. Rosa and Murray, aged 67 and 72 respectively, moved into the house in 2019, paying £670,000 for it. Problems began arising when Rosa expressed interest in an extension, noting that the gutter appeared to be overhanging.
In December 2022, while viewing their security camera footage, they observed their neighbors and contractors entering their property and removing the entire fence. Rosa described this as a gradual “nibbling” at their garden space. They even carried out work during nighttime hours. A maple tree was cut down, and Rosa’s apple tree was pruned. During the Bells’ absence, the neighbors constructed a new fence.
This new fence further encroached upon their garden area. When the Bells reinstalled their original fence, the neighbors removed it once again. They continued carrying out work while the Bells were away. Rosa emphasized the significance of the land they were losing.
The neighbors justified their actions by stating their surveyor had instructed them to move the fence. Rosa argued that they required a court order or her explicit permission, neither of which they possessed. The Bells then hired legal representation.
The old deeds indicated a 40ft boundary at the back of the property. She claims that the neighbours will only accept those sizes. The neighbours only act when the Bells go away. Rosa reports that the police and council consider this a civil matter and are therefore unwilling to intervene. Furthermore, their neighbours allegedly gained access to a shed, dug up patios and made a mess of the place.
Rosa stated that attempts to engage in dialogue with the neighbors proved futile, as they refused to communicate. They also disregarded letters sent by their lawyers, leading them to believe that they have gotten away with the crime.
Rosa expresses feeling unheard and describes feelings of sadness and a desire to relocate. However, they are unable to sell the property while the dispute remains unresolved. They claimed the original fence had been the agreed boundary.
In 2020, they received permission for an extension. Consequently, they attempted to reach an agreement regarding the boundary line. A surveyor produced a report, but the Myers disagreed, opting to commission their own separate report.
The Myers expressed their intention to move the fence, then proceeded to do so in December 2022, while the Bells were away and without seeking their consent. The Bells restored the fence in its original position in May 2023. However, in June 2023, the Myers removed it again, taking advantage of another absence by the Bells, digging up plants, and relocating the shed. The historical plans for the property lack precision and are unlikely to provide definitive evidence for determining the true boundary.
Rosa lost a court case for damages and clarified that it was not about the Boundary. Huy Eng Myers declined to comment extensively, only stating that they had been harassed. She added that they had won a court case regarding the damage claim.