Are my neighbours allowed to divide an open aspect front lawn across there's and my front garden?

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  • Updated 4 weeks ago
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My neighbours have started digging a trench across our open plan gardens
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Catherine Byrne

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  • sad and upset

Posted 1 month ago

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Adam H, Official Rep

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Catherine - not something we can advise you on and very much something to get legal advice on, especially if they are trespassing in your land. What the trench is for may impact although I'd expect your consent might still be needed?
If you are looking for wider online comment/advice then forums such as Garden Law can be useful resources although it's still legal advice you need in our view.
(Edited)
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Catherine Byrne

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thank you for your reply.  No they are not trespassing on my land, they have measured their side of the open aspect front garden from the point where the back garden fence ends and dug the trench from their which is in accordance with the plan enclosed with my deeds. They have said the trench will contain a row of bricks either side with soil in the middle and contain plants, flowers and bushes creating a dividing line between the properties.  My query is are they allowed to do this on an 'open aspect' which is detailed in the land registry document
?
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Adam H, Official Rep

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Catherine - have you checked the registered information to see what is registered? For example many developments inc Transfers containing restrictive covenants which restrict what each plot owner can do. You may have one for your title already?

Check the register first and if the Transfer is 'filed' then apply for a copy by post. https://www.gov.uk/get-information-ab...
(Edited)