One Fence, Two Boundaries...

One Fence, Two Boundaries...

Postby NorthernSoul » Wed Jun 22, 2016 4:34 pm

HI all

I have had a look through other posts and seen some similar issues, but nothting the same, so i thought id open up a new post. Here goes.........

We are wanting to build an extension and the side of our propeterty up to what we presumed was our boundary fence. We applied for planning permission, which we received.

However, a neighbour informed us that there are in fact two bounderies at this location and only one fence. There is our land, which is sepereated from out neighbours land by a thin strip that the developer of the neighbours land registered seperatly. ( it has a title ). I contacted the builder/developer, but obviously they have no idea where the land is in relation to the existing fence. To get to some resolution we engaged a Surveyor to map the boundaries. This, plus some evidence we have seen further down the fenceline in other peoples gardens ( once we asked the question ) leads us to belive that there is a slice of this land in both our neighbours garden and ours ( existing fence appears to run approx down the middle of the builders land )

This is not so bad, as the builder will sell the land, but the neighbour also wants to buy it. This if it happens will mean we cannot do the extension.

However, our Surveyor tells us not to worry too much as he believes that due to the fact that we currently possess the land and have maintainted etc, we have secondary rights to the land to the Title owner. In effect he is saying that when the builder does come to sell, we will have first refusal on the land. ( We dont have enough time to claim owndership through adverse posession, but we are in adverse possession currently, so do have some rights over the land in question )

Is this correct. Obviously we want to do whatever we can to ensure that the land comes into our ownership...

( I look to you all for your Sage like knowledge :D )

Apologies if this is a double post. I did write our a moment ago, but it seemed to have been lost in the ether somewhere.

Regards
NorthernSoul
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Re: One Fence, Two Boundaries...

Postby COGGY » Wed Jun 22, 2016 4:59 pm

How long has this strip of land been part of your garden? How long have you owned the property? Coggy
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Re: One Fence, Two Boundaries...

Postby arborlad » Wed Jun 22, 2016 5:02 pm

NorthernSoul wrote:However, a neighbour informed us that there are in fact two bounderies at this location and only one fence. There is our land, which is sepereated from out neighbours land by a thin strip that the developer of the neighbours land registered seperatly. ( it has a title ). I contacted the builder/developer, but obviously they have no idea where the land is in relation to the existing fence.




I think we'll need to see a sketch or title plan, you'll need to make two more posts before you are eligible to do that...............unusual situation, the more usual one is one boundary and two or more fences.
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Re: One Fence, Two Boundaries...

Postby NorthernSoul » Wed Jun 22, 2016 5:10 pm

Hi,
We have been in the property 8 years. The fence in question has been in that position for all of those years. From talking to other neighbours, it appears the fence was built in around 2000. (By the builder who built the property next door)
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Re: One Fence, Two Boundaries...

Postby arborlad » Wed Jun 22, 2016 5:22 pm

NorthernSoul wrote: ( We dont have enough time to claim owndership through adverse posession, but we are in adverse possession currently, so do have some rights over the land in question )




Your predecessors possession can be added to yours.




which is sepereated from out neighbours land by a thin strip that the developer of the neighbours land registered seperatly. ( it has a title ).




How wide is this strip of land?
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Re: One Fence, Two Boundaries...

Postby NorthernSoul » Wed Jun 22, 2016 5:52 pm

There are two theories :

1) We engaged a surveyor - he measured and estimates it is a traiangular shape - 1.4 m at its widest. ( based on OS, Titles etc... )
2) Based on evidence we can see in another neighbours garden further down the fence line it is perhaps 30 - 40 cm wide ( they still have the "2nd fence" in place, which may or may not have been removed from our garden in the past. 2nd fence is post and sheep wire ).
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Re: One Fence, Two Boundaries...

Postby arborlad » Wed Jun 22, 2016 9:34 pm

NorthernSoul wrote:This is not so bad, as the builder will sell the land, but the neighbour also wants to buy it. This if it happens will mean we cannot do the extension.



Good that the builders are still around, usually a dead end. Is this a continuous strip of land that goes between several properties?...........it could be a ransom strip but it doesn't seem to fit the circumstances, could it be foot access to another part of the development?
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Re: One Fence, Two Boundaries...

Postby Roblewis » Wed Jun 22, 2016 9:55 pm

It seems to me that the developer had at some point marked a line by which he was going to allocate this strip between the adjacent properties but then failed to carry this through. I would go ahead, speedily with the purchase of your side.
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Re: One Fence, Two Boundaries...

Postby arborlad » Wed Jun 22, 2016 10:31 pm

NorthernSoul wrote:Hi,
We have been in the property 8 years. The fence in question has been in that position for all of those years. From talking to other neighbours, it appears the fence was built in around 2000. (By the builder who built the property next door)
NorthernSoul



That is sufficient time for you now to be in adverse possession of this land.

The law presumes you will fence to the fullest extent of your land.
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