I know the land is mine but he says he wants it !

I know the land is mine but he says he wants it !

Postby MattFlemingUK » Thu Mar 17, 2005 3:22 pm

HI all, firstly, nice site... it has answered lots of my queries so far.

Can anybody advise me on a situation as follows..........

My neighbours garden to the rear of my house overlaps mine by about 3 feet and apparently has done for at least 10 years. I now plan to demolish my fence at the foot of my garden and put up a new one. The thing is, I would like to erect the new fence where it should be (i.e. 3 foot further forward). I have told my neighbour of this and he said that as far as he can remember, the boundaries have been like that for a while and he is reluctant to lose it although he partly agrees that legally the extra 3 foot is probably mine (the land reg plans for my house and his indicate the land IS mine). Also, neighbours who have lived on the street longer than me and my disputing neighbour say it belongs to me too.

Am I ok to simply knock my old fence down and put up the boundary in its rightful place?? He is disputing this but short of getting the boundaries checked in person by the land registry I am 99% sure that it is mine.

1. Disputing neighbour has been in his property 2 years and me in mine for 8 months.
2. All title plans show every bodies garden as equal (i.e. the extra 3ft is in fact mine!)
3. As far as we know the boundaries could have been like this for some time (10 years or so?)
4. He wants to keep his inherited land and I want it back
5. Until an old shed was knocked down and the garden cleared it wasn't apparent my garden was shorter.
6. It is my fence that is 3 foot too far forward and there is no obstructions putting a new one up further back (to where it should be).


Any advice??? I have emailed the land registration but waiting their advice.
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Postby despair » Thu Mar 17, 2005 3:41 pm

Prescriptive Rights over the land need 20 years of uninterrupted use

I am not sure what rights 10 or 12 years might have vis a vis squatters rights

Others will advise on that

Is there no old marker posts in the ground
Can you contact the previous owners of either property via conveyancing solicitors
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Postby MattFlemingUK » Thu Mar 17, 2005 3:45 pm

Unfortunatley there is no markers just very obvious size difference as if my garden has been shortened at some point to allow my disputing neighbour more access to the side of his house.

As I said. Other neighbours say the land is mine and the title plans suggest this also.
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Postby despair » Thu Mar 17, 2005 8:54 pm

Definitely time to track down former owners of both houses to find out the score

Be very tactful .......you may need them to swear Affadavits
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Re: I know the land is mine but he says he wants it !

Postby Beech » Fri Mar 18, 2005 3:13 am

MattFlemingUK wrote:4. He wants to keep his inherited land and I want it back

You're talking about 3 ft, which is quite a bit less than your neighbour "bought" when he moved into his house, and quite a bit more than you "bought" when you moved into your house.

Would you be willing to meet in the middle, let your neighbour keep 18 inches and you have 18 inches?
Might be better to compromise now that get into a lengthy and possibly expensive legal argument.
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Postby MattFlemingUK » Fri Mar 18, 2005 8:09 am

Thats a possibility I suppose. This is proving more difficult than I thought.

I was under the impression that if he wants to claim the land as his he needs to contact the land registry as "mere possession is no longer enough". The land reg would then contact the actual owner of the land which I believe is me and I would say I would like it back. I guess that sounds to simple to be true though !
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Postby MattFlemingUK » Fri Mar 18, 2005 8:18 am

Also....

You're talking about 3 ft, which is quite a bit less than your neighbour "bought" when he moved into his house, and quite a bit more than you "bought" when you moved into your house.


I fully appreciate this aspect of things but techically and as per the title plans I bought my house with a garden of similar size to everyone else. It wasnt until I removed a manky old shed and bushes that it became obvious I was "missing a bit". The same goes for him really. He'll have been shown title plans when he bought the house which don't suggest his boundaries are that bit bigger.

I'm all for solving this quickly without an argument but I'm not thrilled about building my new fence 3 foot short of what I think I own or what I thought I paid for?
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Postby Danny » Fri Mar 18, 2005 4:13 pm

I can't see why you should'nt use the land reg act 2002 to resolve this. Get in touch with your local Land office to ask for details on how to make an application to have the boundarie fixed. I think you will need to get agreement to use this procedure from your neighbour. Would be better if you find out the details from land reg before suggesting it to your neighbour.
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Postby Maverick.uk » Sun Mar 20, 2005 4:07 pm

Danny wrote:I can't see why you should'nt use the land reg act 2002 to resolve this. Get in touch with your local Land office to ask for details on how to make an application to have the boundarie fixed. I think you will need to get agreement to use this procedure from your neighbour. Would be better if you find out the details from land reg before suggesting it to your neighbour.


Unlikely to succeed, as far as i have been made aware (current NFH problem) this requires agreement from both parties and it sounds like you dont have that.

Regards

Mav
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Postby MattFlemingUK » Mon Mar 21, 2005 8:52 am

I know there are right and wrong ways of doing this but legally speaking, aren't I allowed to just rebuild my fence where it should be without having to go through all these applications etc... ??

After all, the land (albeit very small) does belong to me.

I'm only consulting my neighbour out of courtesy.
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Postby David » Mon Mar 21, 2005 10:30 am

MattFlemingUK wrote:I know there are right and wrong ways of doing this but legally speaking, aren't I allowed to just rebuild my fence where it should be without having to go through all these applications etc... ??

After all, the land (albeit very small) does belong to me.

I'm only consulting my neighbour out of courtesy.


my thoughts........which are only my own. if you feel it is right call his bluff and do it.....what is the worst that can happen?
David
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Postby MattFlemingUK » Mon Mar 21, 2005 10:59 am

Well he is bigger than me ! :D

I'll give it a go though. Thanks all !
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Postby xs650cjk » Thu Mar 24, 2005 5:16 pm

I had a similar problem with my neighbour who had been using a strip of my land for 15 years (consent had been given to the previous owners 25 odd years ago however). Like you, I wanted to replace the fence and wanted to include this strip but was threatened with adverse possession. After seeing a solicitor, it was determined that it was my land (a simple continuation of a straight line made the boundary obvious), I could easily access it without damage any fences or gates that did not belong to me and I was free to do with it as I pleased - which was to erect a fence. The neighbour then has to decide how to act. If they tried to remove your fence that would an act of criminal damage. They could try and claim the land via the Land Reg but they need to be in current possesion of it which they wouldn't be anymore.
So, I'd just go ahead and build your fence. It's down to your neighbour to incur the hassle and costs to try and change the legal ownership.
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