Boundary Consultation Dialogue

CustomerGood afternoon. I am Eleanor Hargrove and I have come to discuss the boundary between my garden and that of my neighbour.

SolicitorGood afternoon. I am Julian Penrose. Please take a seat. From the documents you forwarded, it would appear that the issue concerns an alleged encroachment which began last September.

CustomerPrecisely. Mr Alistair Crowe, who lives next door in Bath, erected a fence some eighty-five centimetres inside my property line. He claims the boundary follows an old hedge which has since been removed.

SolicitorOne must be cautious here. The title deeds you supplied, dated nineteen seventy-eight, indicate the original demarcation ran along the line of the stone wall. Nevertheless, prolonged acquiescence could, in certain circumstances, support a claim of adverse possession.

CustomerI have photographs taken before the fence appeared and a surveyor's report commissioned in twenty twenty-one. Would these suffice to refute any such claim?

SolicitorThey would certainly strengthen your position, though one cannot rule out the possibility that a court might require further evidence of the original boundary markers. It might therefore be prudent to instruct a boundary expert before proceeding.

CustomerWhat would be the immediate next step and its likely cost?

SolicitorI would recommend sending a letter before action, setting out your position and inviting Mr Crowe to remove the fence within twenty-eight days. The fee for preparing that letter would be two hundred and seventy-five pounds, excluding VAT.

CustomerAnd if he declines to comply?

SolicitorWe could then consider issuing proceedings in the county court. Such a course, however, carries both financial risk and considerable delay. Mediation might offer a less adversarial route, though its success would depend on both parties' willingness to compromise.

CustomerI should prefer to avoid court if possible, yet I cannot accept the loss of that strip of garden.

SolicitorQuite understandable. Before any letter is sent, I shall need your confirmation that the eighty-five centimetre measurement has been verified by a more recent survey. Any discrepancy could weaken the entire claim.

CustomerThe surveyor confirmed the figure last month. I also possess correspondence in which Mr Crowe acknowledges the original wall as the boundary, albeit in an email from two years ago.

SolicitorThat admission could prove useful. I shall review all materials this week and forward a draft letter for your approval. In the meantime, it would be advisable to refrain from any direct discussion with Mr Crowe that might be construed as an offer to negotiate.