Garden Law Discussion

jazady · Joined: 18 Jan 2010 Posts: 2

like to know where we stand we have been in our house for 28 years and 10 to 15 years ago realised that the bottom of our garden which we thought was someone elses garden is on our deeds as ours. Did mention it to the neighbours but could not afford legal fees at the time now the house is empty where do we stand if we want to reclaim the garden back.

appledore · Joined: 12 Apr 2006 Posts: 1424

Did you give your neighbours permission to carryon using the land when you realised it was on your deeds? I take it they have fenced it off.
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Keep calm and carry on.

despair · Joined: 14 Mar 2005 Posts: 11141

If the house is empty and you are sure its on your deeds i would be very tempted to move the fencing to its correct location

doubt any new owner will be any the wiser

appledore · Joined: 12 Apr 2006 Posts: 1424

I think I'd be tempted to move the fence too. How big is the piece of land by the way? Have your neighbours built anything on it? Shed, greenhouse etc?
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Keep calm and carry on.

jazady · Joined: 18 Jan 2010 Posts: 2

Garden was fenced off when we moved in and there is trees and a greenhouse in it now. House was a few months old when we moved in.

appledore · Joined: 12 Apr 2006 Posts: 1424

As the land is on your deeds it belongs to you. Your neighbour could try to claim it through adverse possession. As the house is now empty then presumably someone will be trying to sell it, and the boundary will have to be sorted out. They can't sell a plot of land that doesn't belong to them, so they will either have to give it back to you or try to claim it.
If they do manage to claim it then the boundary will have to be changed at the Land Registry and on the deeds.
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Keep calm and carry on.