boundary question

baskingbee
Posts: 20
Joined: Mon May 22, 2017 6:08 am

Re: boundary question

Post by baskingbee » Mon Nov 27, 2017 4:57 pm

I have just heard from the LR that my application for adverse possession has been accepted and that the LR has served my neighbour. As, I understand it, the neighbour now has 65 days to object. So I have had to send a witness statement and evidence for my application, if the neighbour does decide to object do they need to provide counter evidence at this point?

Thank you

MacadamB53
Posts: 6190
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: boundary question

Post by MacadamB53 » Mon Nov 27, 2017 8:42 pm

baskingbee wrote:I have just heard from the LR that my application for adverse possession has been accepted and that the LR has served my neighbour. As, I understand it, the neighbour now has 65 days to object. So I have had to send a witness statement and evidence for my application, if the neighbour does decide to object do they need to provide counter evidence at this point?

Thank you
there has to be grounds to the objection, but evidence to substantiate this will come later.

ukmicky
Posts: 4631
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: boundary question

Post by ukmicky » Mon Nov 27, 2017 11:35 pm

Before you put in your claim I hope you spoke to a solicitor and I hope he advised you to claim under the correct procedure which for garden fences is normally the third condition of Schedule 6, paragraph 5
8.3 The third condition

The third condition is that the squatter has been in adverse possession of land adjacent to their own for at least 10 years under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined under section 60 of the Land Registration Act 2002 and the estate to which the application relates was registered more than a year prior to the date of the application.
https://www.gov.uk/government/publicati ... tered-land


Because if claimed under the above ,even if it is found the fence is in the wrong position only evidence that you knew it was in the wrong position would defeat your claim.
Advice given is not legally qualified and you are advised to gain a professional opinion

baskingbee
Posts: 20
Joined: Mon May 22, 2017 6:08 am

Re: boundary question

Post by baskingbee » Tue Nov 28, 2017 8:22 am

MacadamB53 wrote:
baskingbee wrote:I have just heard from the LR that my application for adverse possession has been accepted and that the LR has served my neighbour. As, I understand it, the neighbour now has 65 days to object. So I have had to send a witness statement and evidence for my application, if the neighbour does decide to object do they need to provide counter evidence at this point?

Thank you
there has to be grounds to the objection, but evidence to substantiate this will come later.
At this stage the neighbour will have access to the evidence I have already provided I suppose? The only objection that the neighbour has raised is refuted in that evidence.

Thanks
Last edited by baskingbee on Tue Nov 28, 2017 8:26 am, edited 1 time in total.

baskingbee
Posts: 20
Joined: Mon May 22, 2017 6:08 am

Re: boundary question

Post by baskingbee » Tue Nov 28, 2017 8:23 am

ukmicky wrote:Before you put in your claim I hope you spoke to a solicitor and I hope he advised you to claim under the correct procedure which for garden fences is normally the third condition of Schedule 6, paragraph 5
8.3 The third condition

The third condition is that the squatter has been in adverse possession of land adjacent to their own for at least 10 years under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined under section 60 of the Land Registration Act 2002 and the estate to which the application relates was registered more than a year prior to the date of the application.
https://www.gov.uk/government/publicati ... tered-land


Because if claimed under the above ,even if it is found the fence is in the wrong position only evidence that you knew it was in the wrong position would defeat your claim.
Hi

Yes I used a boundary litigator and he prepared the application for me. Thank you.

arborlad
Posts: 7564
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: boundary question

Post by arborlad » Tue Nov 28, 2017 9:07 am

arborlad wrote:
baskingbee wrote:
baskingbee wrote:My neighbour and I continue to be in dispute resulting in the neighbour entering the disputed area and moving plants etc out of it. Also, the neighbour has to enter undisputed areas to access some of the disputed area to move things. Surely, this cannot be right. I really don't know how to handle this. I can keep moving things back but it seems ridiculous..... but I feel very unnerved about her entering all areas of my garden.
This is just happening day after day. I put everything back, neighbour moves everything. I am not sure how to handle this. Thanks for any input.


One of the terms used for Adverse Possession is: 'to exclude all others', this obviously hasn't happened. How and why is the neighbour able to enter any part of your land - undisputed or otherwise?
arborlad

smile...it confuses people

jonahinoz
Posts: 1479
Joined: Fri Aug 05, 2011 5:15 pm

Re: boundary question

Post by jonahinoz » Fri Dec 01, 2017 7:45 am

my neighbours' conveyancer doesn't accept any of this and just insists I am wrong. He is not giving my neighbour any of other advice other than I am wrong and we must move the fence to take back the garden.

Hi Baskingbee,

Conveyancer? Does that mean your neighbour is in the process of selling? If so, your neighbour is going to have to balance the delays a dispute will cost him, against receiving a (potentially) higher price.

A fight for this boundary is likely to cost one (or both) of you a great deal of money. Do you have legal expenses insurance? If so, mention it - I found it concentrated minds very quickly. If you don't have legal insurance, I think it is too late now, as the ball is already rolling.

Both of you throw some money on the table, then toss a coin. Winner takes/keeps the boundary, loser takes the cash. Probably cheaper for both of you, in the long run.

John W

Post Reply