Ownership of a wall and gap

Ownership of a wall and gap

Postby Gardd » Thu Jun 08, 2017 1:40 pm

As shown on the original deeds (see attachments) my great grandfather purchased two houses and a piece of land in 1892. These were demolished and a new house built within the area leaving a gap and the remains of the old house wall was used as a boundary. A few years later he built an outhouse behind the house directly on to the garden wall, this jutted out covering the aforementioned gap.
In the late 1960's a house was built in the field above and earth piled against the old house wall on the boundary. The gap our side remained, keeping our house dry and therefore it has some importance to us.
In 2000 a couple wanted to buy the house on the opposite side however someone else was disputing ownership of land at the bottom of the gardens and as we were the only ones with deeds showing ownership these were used to fight the case. Everybody then in the row of houses registered their land. Our house was done immediately before the original neighbours living in the house above registered (see attachment) their property with our solicitor. In doing this our original deeds were used resulting in documents with two straight lines showing the border which followed the original pre-1982 walls. The documents have detail as well in showing ownership of a brick wall in next doors garage. Soon after 2000 wires were put on on the top of the old house walls to further define the boundary.
By the the late 2000's we had new neighbours who removed the wires and began doing things to this wall. Following a talk with our solicitor a small fence went up on it and soon afterwards in a storm part of the wall collapsed. This was a weaker part of the wall of a different, less stable structure which divided the gardens in front of the old houses. The neighbours soon sold up with out saying.
Almost immediately the next neighbours entered the gap and stared to build a wall across it. This was done without notice at a time when my mother, the owner at that time was dying of dementia. He was firmly told to stop and leave. In the following year, on another part of the boundary he put a fence up onto the top of steps inches within our border. Lately I challenged this and in the resulting fracas he claimed ownership of the gap by the side of the house and in due course produced his deeds showing ownership of the indent which covers the gap. This was my first viewing of the documents, none of the other neighbours had shown them in the past.
I'm now left with the threat that he will go back and do something there. They are unwilling to take legal action as this is costly and have previously said they wants to sell but now deny this. Due to their assertiveness they are also impossible to talk to. As these unwanted intrusions are likely to continue I would be grateful for balance advice as to how I can precede and keep ownership of this gap and wall by the house and prevent them entering the area.
Attachments
LandReg.jpg
LandReg.jpg (18.9 KiB) Viewed 384 times
Side2.jpg
Side2.jpg (34.34 KiB) Viewed 384 times
Deeds.jpg
Deeds.jpg (8.9 KiB) Viewed 384 times
Gardd
 
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Re: Ownership of a wall and gap

Postby jdfi » Thu Jun 08, 2017 7:14 pm

Gardd wrote: By the the late 2000's we had new neighbours who removed the wires and began doing things to this wall. Following a talk with our solicitor a small fence went up on it and soon afterwards in a storm part of the wall collapsed.


Assuming late 2000s doesnt give them 12 years claim, then you would appear to be ok.

If they want to sell, I would be inclined to tell them that they keep off and you won't find it necessary to start a dispute which would affect their future selling price.

If they agree and shake hands then maybe leave things, but if any more nonsense then send a solicitors letter?
jdfi
 
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