Solving a Boundary Dispute

Solving a Boundary Dispute

Postby Morgan Sweet » Wed Aug 23, 2017 9:17 pm

Apologise for new thread but things have moved on and I have a boundary dispute that is going nowhere and although I have Title to the land it will cost me more than it is worth if I go to court. So I am left with a problem if I want to sell, since the dispute will not be resolved. One solution that I have suggested to my original conveyancing solicitor that he agreed with before I started to dispute the land was that as the disputed land is a small section (1/8th acre) of a 3 acre field owned by my wife and I, I thought that I could transfer the land in dispute (1/8th acre) from my wife and my ownership to just my ownership with no money changing hands. This would be done as pilman once suggested by completing an AP1 and TP1 showing on an OS map the land between the wrongly positioned fence and the LR boundary as a new Title number.

This I would have thought would allow me to sell the rest of the land and buildings with the dispute being removed from the original Title. I would then tell a prospective buyer that I had had a boundary dispute but that section of disputed land has now been removed from the Title so what they see as fenced around is what they buy without the disputed land. I could then carry on with the dispute myself, if I thought that I had enough money to finance it. This new section of land with its own Title number would also clearly show up against the neighbour's Title if he was ever to sell his property which may encourage him to come back to me to resolve it. When I put the scenario to my Boundary Dispute Solicitor as a solution they seem a little fazed by it. Any thoughts?
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Re: Solving a Boundary Dispute

Postby jonahinoz » Thu Aug 24, 2017 5:46 am

Hi,

My first thought was that it will cost you £80 (?) to just do as you suggest, so just do it. That's £40 (?) to register the disputed land, and £40 (?) to register the change of boundary of the undisputed land.

My second thought was "What happens if LR refuse to register the disputed land?" Does your claim disappear? Does a new clock start ticking? Or would the dispute continue?

What is 1/8th of an acre worth? £1,000? £2000? Or does the land have PP? If you want to "Keep face", suggest to your neighbour that you each put half the value into a kitty, then toss a coin. Winner takes title of the land, loser takes the kitty. You would each get something from the deal ... but you stand to gain most as there will no longer be a dispute that affects the 3 acres (or 2.875 acres) that you wish to sell.

I assume your neighbour's property is not registered?

John W
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Re: Solving a Boundary Dispute

Postby Morgan Sweet » Thu Aug 24, 2017 7:55 am

Neighbours property is registered and my land is registered. There is no dispute as who holds the paper Title to the land, I do, but neighbour has had possession for 9 years now since he put fence in wrong position after buying land from my Title. My Title shows this wedge of land overlapping where he put fence. Only I can transfer the Title as only I have the Title. TP1 shows where the land should have been fenced but neighbour grabbed more than he paid for. Court costs to recover the land are expensive with no guarantee that I would recover costs even if I win (due to time he has had land). Solicitor says that I have prevented adverse possession by informing him that he is trespassing.
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Re: Solving a Boundary Dispute

Postby despair » Thu Aug 24, 2017 2:08 pm

Could you not carve more land up into a building plot complete with disputed bit and sell to a hard nosed developer
They will soon play hard ball with the neighbour and win by sheer force of JCB
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Re: Solving a Boundary Dispute

Postby Eliza » Thu Aug 24, 2017 2:39 pm

despair wrote:Could you not carve more land up into a building plot complete with disputed bit and sell to a hard nosed developer
They will soon play hard ball with the neighbour and win by sheer force of JCB


:lol: :lol: and I must admit that I like the sound of that idea better than just deliberately poisoning that bit of your land that the neighbour is squatting on (ie because the land would be too bad to grow anything on after having sackloads of salt or the like spread on it). Much better to let someone "bigger than you" deal with the neighbour :D
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Solving a Boundary Dispute

Postby arborlad » Thu Aug 24, 2017 2:43 pm

Eliza wrote:
despair wrote:Could you not carve more land up into a building plot complete with disputed bit and sell to a hard nosed developer
They will soon play hard ball with the neighbour and win by sheer force of JCB


:lol: :lol: and I must admit that I like the sound of that idea better than just deliberately poisoning that bit of your land that the neighbour is squatting on (ie because the land would be too bad to grow anything on after having sackloads of salt or the like spread on it). Much better to let someone "bigger than you" deal with the neighbour :D




You're bonkers :roll:
arborlad

smile...it confuses people
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Re: Solving a Boundary Dispute

Postby jonahinoz » Thu Aug 24, 2017 4:34 pm

Hi,

Your neighbour must possess the land for 10 years to claim Adverse Possession (12 years if land in not registered.) The clock is ticking, you have only months left to take action.

If your neighbour has erected a fence on your land, I believe that he has gifted you a fence.

In the Conveyance for the sale of land to your neighbour, was there any mention of the measurements of that land? It might be awkward if the 1/8th acre is a long thin strip.

John W
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Re: Solving a Boundary Dispute

Postby Eliza » Thu Aug 24, 2017 4:40 pm

arborlad wrote:
Eliza wrote:
despair wrote:Could you not carve more land up into a building plot complete with disputed bit and sell to a hard nosed developer
They will soon play hard ball with the neighbour and win by sheer force of JCB


:lol: :lol: and I must admit that I like the sound of that idea better than just deliberately poisoning that bit of your land that the neighbour is squatting on (ie because the land would be too bad to grow anything on after having sackloads of salt or the like spread on it). Much better to let someone "bigger than you" deal with the neighbour :D




You're bonkers :roll:


I can't spot the LOL sign to indicate "Sense of humour - having a joke" by that....

It looks like a "personal comment". Not allowed.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Solving a Boundary Dispute

Postby Morgan Sweet » Thu Aug 24, 2017 5:29 pm

I think that we may be drifting off from the question about transferring the land. Adverse possession has been stopped by virtue of me occupying the land and he admitting to the police that he removed my fence. Solicitor says that in any case you cannot claim adverse possession if you have been informed that you are trespassing. Question is do I just remove land in question from my Title instead of paying solicitors to go to court?
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Re: Solving a Boundary Dispute

Postby MacadamB53 » Thu Aug 24, 2017 9:10 pm

Hi Morgan Sweet,

Solicitor says that in any case you cannot claim adverse possession if you have been informed that you are trespassing

if it's that easy then you're fine...

...did they provide more detail on this which you could share with the forum?

kind regards, Mac
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Re: Solving a Boundary Dispute

Postby Morgan Sweet » Thu Aug 24, 2017 10:22 pm

I do not know for sure Mac, I think it is that for adverse possession to succeed for registered land you must reasonably believe that the land is yours.

For unregistered land I do not think the motive for possession matters but for registered land you must prove that you reasonably believed that the land is yours.

If, however, the parties own adjoining land then, even for registered land there is reduced protection for the registered owner against adverse possession (my situation). If the example given of two neighbours A and B (who, unknown to them, have a dividing wall in the wrong place) occurred in the case of registered land, then B could apply to be registered as the owner after 10 years possession providing he reasonably believed, during that 10 year period, that the land belonged to him. In this case A would not normally be entitled to object.

Getting letters with copies of LR documents and Transfer documents pointing out that you do not have the paper title and that you erected the fence in the wrong place and are trespassing and replying to them suggesting mediation may mean that you can no longer argue that you reasonably believed the land is yours.

As I said earlier I do not know this for sure, I am only presuming this is the reason, if it is clarified for me I will post the clarification.
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