i am sure its mine

i am sure its mine

Postby karl.77 » Sun Nov 05, 2017 12:14 pm

i have lived at my property for over 15 yrs,as a child I used to play on the field here befor the estate was built,the house I am in was the first house to be completed and was the show house.its a corner plot and semi 3 bed
since here I haven't alterd any part of the front garden,as it was built like it is now.the ppl next door have been their for about 10yrs which is a 2 bed,they have watched me maintaine and spend money on my garden for that period,it is hard to explain with out pictures,but part of my path ends at the start of his front door way porch but at the side if you undrstand,and all the right side of my garden ends at that point to.
now he is saying that where the middle line is of our porches are or where our faciars and guttering meet that all the right side is his and he showed me a land registry picture of our houses with a red line straight through the middle,when I ask him how long have you had the documents he said from the time he moved in and that he knew that it was his land,i told him that it was built like this and no alterations have been made since I moved here,plus the guy befor they moved in was an ex copper and a right stickler and I know for a fact if he thought it was his land he would have claimed it but then they said but you have all the land going round your house a big back garden and a garage at the back too so I told them it was a show house.again. and a 3 bed to your 2 so I am going to have more land than you as I am on a corner plot.
what I don't understand is that if the house was built like this and the front garden set out the way it is,why is the land registry document saying different ?.
if I loose the part of garden I will be left with about 20 inches of garden to my right.now they are parking their second car right out side my front gate,half on pavement not that it bothers me as I don't use front much but I think he intends to put a drive there for the car.


can anyone here give me abit of advice please and am I right in thinking that the land registry office don't view all property`s they just go off the plot sheets from the contractors who build the houses.
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Re: i am sure its mine

Postby Collaborate » Sun Nov 05, 2017 5:19 pm

What is on the ground is more important than a line on a land registry plan. Stuck to your guns, take photos of the current boundary feature, and if he tries to move it without your consent take immediate action.
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Re: i am sure its mine

Postby ukmicky » Sun Nov 05, 2017 6:57 pm

99.99 percent of Title plans legally only show general boundaries. They do not provide an accurate reflection as to where the legal boundary is and cannot legally be used to determine where the legal boundary is.


For it not to be a determined boundary the title plan of your property and the neighbours will say it’s a determined boundary and will show measurements . The chances of it being a determined boundary are virtually zero.

The first thing courts look at when deciding on who’s land it is with a general boundary are permanent features like walls.

Tell your neighbour to go online and type in the search engine ,what is a general boundary or search for the law on general boundaries or direct him to the web page in the link below which will take him to the law from the land registration Act 2002
https://www.legislation.gov.uk/ukpga/2002/9/section/60
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: i am sure its mine

Postby SwitchRich » Mon Nov 06, 2017 11:05 am

Definitely take photos of the current lay of the ground and if you have older photos then dig those up too. Since you have been in that house from when it was built I imagine you bought it off the developer? Are they still around to be contacted?
You might be able to get them on your side if needed.
Also have a check of your house insurance to see if it has legal cover in case things get nasty. Your neighbour might be trying it on and not prepared to go for a long fight but I would for sure want to know where I stood in that perspective.
If things do get nasty then the people on this site can be a fantastic source of info to help defend yourself with.
If you can post pics of your place on here do so as it gives them the best info to form an opinion.

Seeing as you neighbour has approached you with this claim it may be best to write him a letter (sent recorded or special delivery) in which you disagree with his claim and state the fact that you consider that you own this bit of path.
Might be a good idea to sketch out a plan indicating which part is yours.
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Re: i am sure its mine

Postby arborlad » Mon Nov 06, 2017 12:11 pm

karl.77 wrote:......if I loose the part of garden I will be left with about 20 inches of garden to my right.now they are parking their second car right out side my front gate,half on pavement not that it bothers me as I don't use front much but I think he intends to put a drive there for the car.




This seems to be the nub of the problem, he wishes to develop (new drive) but has insufficient land to do so and is making spurious claims on yours, is it just at the front or is he making claims on the the back garden?

I'm assuming the front is open plan with no fence/wall alongside the path.
arborlad

smile...it confuses people
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Re: i am sure its mine

Postby karl.77 » Tue Nov 07, 2017 7:53 pm

I have not lived here since built,only 15 yrs here

I have contacted wimpy and told them about problem but they say as the property is 35yrs old they wont have any documents.

as I stated,i have not alterd the front garden from day 1.

am sure it is intention to build another drive as he has one already which I forgot to state in post,to accomidate his second car as parking is a mare
and yes it is front of house and their is no walls only the little fencing I put up befor he moved in but previous neighbours was still living their.

I have seen the landregistry documents and all it has is a red line going through the middle of his and my house and no boundary lines of garden which I find strange as have seen these problems on tv and the documents they show outlines the full red line going round the house.

I was told that there are laws about maintaining gardens for x amount of years even if it turns out not to be yours IS THIS TRUE ?

I did mention to him that I think he is wrong and I will go to a solicitor to seek advice and he replied .you don't need to do that it will cost you money.
at the moment he has done nothing yet as he said he hasn't the money to start it,but I will stop him if and when it starts and will direct him to the link I was given here.

thx everyone for your input and I will keep you informed on how it goes
cheers all. karl.
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Re: i am sure its mine

Postby karl.77 » Tue Nov 07, 2017 7:54 pm

am sure it is intention to build another drive as he has one already which I forgot to state in post,to accomidate his second car as parking is a mare
and yes it is front of house and their is no walls only the little fencing I put up befor he moved in but previous neighbours was still living their.

I have seen the landregistry documents and all it has is a red line going through the middle of his and my house and no boundary lines of garden which I find strange as have seen these problems on tv and the documents they show outlines the full red line going round the house.

I was told that there are laws about maintaining gardens for x amount of years even if it turns out not to be yours IS THIS TRUE ?

I did mention to him that I think he is wrong and I will go to a solicitor to seek advice and he replied .you don't need to do that it will cost you money.
at the moment he has done nothing yet as he said he hasn't the money to start it,but I will stop him if and when it starts and will direct him to the link I was given here.

thx everyone for your input and I will keep you informed on how it goes
cheers all. karl.
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Re: i am sure its mine

Postby despair » Tue Nov 07, 2017 8:24 pm

Remember possesion is 9/10ths of the law
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Re: i am sure its mine

Postby SarahSue » Tue Nov 07, 2017 8:35 pm

Karl, i really wouldn't worry. I had a not dissimilar issue though it came to nothing. My garden was there since the terraced houses were built over 45 years ago but going strictly on what would be a normal boundary line i.e. equidistant between both front windows, part of my garden would belong to our neighbours and indeed, part of their driveway would belong to their neighbours on the other side of them. But each house in my road has the same plot of land at the front and are all out of sync with what would be the expected boundary. I took legal advice and was advised that, as has been stated above, it is the land on the ground as set out and not a map which counts. For whatever reason, the original developer decided to lay the front driveways and gardens out in such a manner.
But to protect what i took to be the boundary i.e. the edge of my garden, i put in place a boundary feature of a trough and trellis plus a row of bushes.
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