Boundary creep - should I be more worried?

Boundary creep - should I be more worried?

Postby Marsie » Mon Oct 24, 2016 4:46 pm

Joined to post this, so hi to all ...

Not a dispute here, more a 'should we be worried about this more than we are' thing ... bit of background is that because we both bought our childhood family homes, our house and our next-door neighbours both have 40+ years history in these houses, and are very sure of situation.

When we re-fenced our garden c.11 years ago, for various reasons - size of fence panels, big tree roots making for tough digging - we were a bit lazy and lopped a few feet off the end of our garden. It's a big garden, and as such we weren't worried about this. The neighbour at the bottom has (somewhat cheekily) built an 'extension' to his shed that takes up some of this gap, but again this wasn't really a concern.

The house to the bottom right of us has just sold and the new owners are complaining that our next-door neighbour has taken a few feet of their garden. That boundary has never moved, the new owners are just seeing a step back to OUR boundary due to the above laziness and making the assumption that they have lost land, rather than us.

Now, in the grand scheme of garden sizes, this is of no importance to us at all - but our next-door neighbour has just been round checking in anticipation of a bit of a dispute and it has set us thinking.

Should we be worried about this, more from a point of view of when we want to sell up (no plans for this in remotely near future). Will it cause problems? If so, is there value in sending a solicitor's letter to the house at the bottom of our garden stating that this is our land, and although we don't have any plans to make them rip their shed apart we absolutely do not accept any claim on it, or is there something else we should be doing?

As I understand it, because this is (I assume, unless there is some very specific definition around that?) registered land, the new laws around registered possession would ensure that we are given the opportunity to object to anyone making a claim on the land. (Neighbour would not have fulfilled the requirements prior to the law change.)

So ... I don't think they can have any sneaky claim on it - just wondering if we should do something in preparation of whenever we might think about selling, however far in the future that may be - and if so, what should we be doing?

Thanks in advance for any help ...
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Re: Boundary creep - should I be more worried?

Postby Hugh Jaleak » Sat Oct 29, 2016 3:31 pm

Sorry, but have spent too long now reading other threads on here about arguments over a few feet of land, and indeed press reports of people who have lost everything, arguing through the Courts over a few inches of land!

You need to sort this out NOW, if the neighbour occupies your land for long enough he can claim it as his own. You need to get onto him and insist he removes any trespass on your land, and ideally, (I really would say you need to now), erect a fence in the correct position to reclaim your ground.

Alternatively, offer to sell the neighbour the piece of your land he has now occupied, and have the legal documents amended accordingly.
Hugh Jaleak
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