Search found 20 matches

by chicken
Fri Sep 12, 2008 11:41 am
Forum: Boundaries
Topic: Adverse possession or possessory title
Replies: 34
Views: 9417

Thanks jma.

New house from Jan 1992 so no previous owner and land has been possessed from then to now. It is registered land. Which practice guide is relevant? And what about the human rights stuff from Beaulane? Can I deprive them of their title through adverse possession?

Thanks again.
by chicken
Thu Sep 11, 2008 10:23 pm
Forum: Boundaries
Topic: Adverse possession or possessory title
Replies: 34
Views: 9417

Next question were you in possession befoer 2nd October 1988? If so (as stated in Additional practice affecting Practice Guide 5) "the applicant must show an arguable case for possession being inconsistent with the use or intended use of the land by the registered proprietor and not merely that the...
by chicken
Wed Sep 10, 2008 12:57 pm
Forum: Boundaries
Topic: Adverse possession or possessory title
Replies: 34
Views: 9417

To summarize complete picture, can I ask what the situation would be if lee dav hadn't got 12 years adverse possession before 2003, say adverse possession started in Jan 1992. And what if lee dav hadn't offered to buy the land but had acknowledged the title in writing, along the lines of "I know it'...
by chicken
Tue Mar 25, 2008 10:35 pm
Forum: Fences
Topic: Boundary fence
Replies: 40
Views: 10366

Ah - just searched for the latin phrase in google and it brought up lots of interesting articles on it - so I'm sorted.

Many thanks.
by chicken
Tue Mar 25, 2008 10:08 pm
Forum: Fences
Topic: Boundary fence
Replies: 40
Views: 10366

Hmmm. Didn't do latin at school :D

I understand that "planted" can apply to plants and trees, etc. but can I be sure that it applies to non-natural structures such as fences?

At the end of the day - will that statement stand up in court if it ended up there?
by chicken
Tue Mar 25, 2008 8:55 pm
Forum: Fences
Topic: Boundary fence
Replies: 40
Views: 10366

Yes, that was the statement that I originally picked up on - that's the one that I'm trying to identify the exact source of. Conveyancer mention the Law of Property Act 1925 s.38 but I can't tell whether or not the statement of it is the rule that what is planted in the land belongs to the land. is ...
by chicken
Tue Mar 25, 2008 7:10 pm
Forum: Fences
Topic: Boundary fence
Replies: 40
Views: 10366

That sounds promising - thanks. Is there some documentation that I can refer to - Land Reg practice guide or something?

Our neighbours are sure to question the validity of this.
by chicken
Tue Mar 25, 2008 5:07 am
Forum: Fences
Topic: Boundary fence
Replies: 40
Views: 10366

Hi, So, your with your statement that: If a party fence is replaced by a new fence its position has to be exact to make it a party fence. If it has been sited one side or other of the boundary, the position of which was fixed by the position of the old fence, then (in the absence of agreement) it ca...
by chicken
Mon Dec 10, 2007 9:57 pm
Forum: Fences
Topic: Removal of Party Fence that is on our land - not boundary
Replies: 6
Views: 2270

So am I right in thinking that I wouldn't be doing anything illegal by removing the fence that is on our land? We can't erect the new fence until they remove their decking and shed - I assume I can't remove that too - or can I? It's on our land.

Many thanks for your help.
by chicken
Mon Dec 10, 2007 2:00 pm
Forum: Fences
Topic: Removal of Party Fence that is on our land - not boundary
Replies: 6
Views: 2270

Thanks for the reply - they agree where the boundary actually is. On their side of the current fence, they have a shed and decking which will need taking up - we can't move the fence until this is done. They have said that they will do this but have not taken any action to do so - this has been goin...
by chicken
Mon Dec 10, 2007 1:30 pm
Forum: Fences
Topic: Removal of Party Fence that is on our land - not boundary
Replies: 6
Views: 2270

Removal of Party Fence that is on our land - not boundary

Hi, The party fence was erected by the developers in the wrong place - i.e. not on the boundary as stated in our (and their) title documents. A few years later, our neighbour and our predecessor, rebuilt the fence to a "nicer looking" one - one the same line as the existing fence. The correct title ...
by chicken
Fri Sep 07, 2007 1:30 pm
Forum: Fences
Topic: Removal of a fence?
Replies: 8
Views: 2220

We are in a similar, but inverse, situation. We have proven (title deeds/plan) that the current fence is incorrectly positioned - it is out by approximately 1 metre along the whole boundary. We wish to remove the existing fence and install a new one on the correct boundary line. Our neighbours have ...
by chicken
Tue Apr 04, 2006 2:52 pm
Forum: Boundaries
Topic: Neighbour's Property On Our Land - Fence Moving
Replies: 17
Views: 7507

Thank you for your help. The concession that the land was ours was in writing from our neighbour to our solicitor. I am waiting for a call from my solicitor to get his view on this whole situation and will post an update if there is one.

Thanks again.
by chicken
Mon Apr 03, 2006 8:20 pm
Forum: Boundaries
Topic: Neighbour's Property On Our Land - Fence Moving
Replies: 17
Views: 7507

I don't understand what more land registry can do - we've got official copies of both our and our neighbour's title deeds and both plans show the same thing. What exactly do you mean by confirm the title? Part of the fence is clearly on our land - I just don't want to get taken to court for removing...
by chicken
Mon Apr 03, 2006 7:29 pm
Forum: Boundaries
Topic: Neighbour's Property On Our Land - Fence Moving
Replies: 17
Views: 7507

andrew54 is correct. The land is already registered on our title. When we spotted the fact that our neighbour had our land on his side of the fence and informed them, they tried to go down the adverse possession route. This was at the time when the Beaulane vs Palmer was being settled. Due to the da...