is the garden legally ours

Let everyone have the same pleasure as you derive from your garden -- or perhaps a friends garden
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jazady
Posts: 2
Joined: Mon Jan 18, 2010 7:42 am

is the garden legally ours

Post by jazady » Mon Jan 18, 2010 7:54 am

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
Posts: 2894
Joined: Wed Apr 12, 2006 3:50 pm

Post by appledore » Mon Jan 18, 2010 4:18 pm

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.
Keep calm and carry on.

despair
Posts: 16151
Joined: Mon Mar 14, 2005 7:07 am

Post by despair » Mon Jan 18, 2010 5:20 pm

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
Posts: 2894
Joined: Wed Apr 12, 2006 3:50 pm

Post by appledore » Mon Jan 18, 2010 6:11 pm

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?
Keep calm and carry on.

jazady
Posts: 2
Joined: Mon Jan 18, 2010 7:42 am

Post by jazady » Tue Jan 19, 2010 6:48 am

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
Posts: 2894
Joined: Wed Apr 12, 2006 3:50 pm

Post by appledore » Tue Jan 19, 2010 10:29 am

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.
Keep calm and carry on.

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