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Boundary

henry24
henry24 Posts: 322 Forumite
First Anniversary First Post Combo Breaker
in House buying, renting & selling
At the rear of my garden is a piece of land 16x8m that I have been trying to buy from my neighbour for the last 6 months but he's not interested in selling.
When I look on his deeds from the land registry it shows his boundary line about 4m into his land and away from my boundary so sort of no mans land.
What's peoples opinions on who's land this is?

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    Have you checked whether it's registered under a separate title?
  • henry24
    henry24 Posts: 322 Forumite
    First Anniversary First Post Combo Breaker
    I have checked but nothing showing. The neighbour has about 10 acres with a fence going round it but it goes around the bit I have been trying to buy as though he knows it's not he's.
  • lincroft1710
    lincroft1710 Posts: 17,623 Forumite
    Photogenic Name Dropper First Anniversary First Post
    Currently the de facto occupier is your neighbour. He may have adverse possession of that part you claim isn't his.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • henry24
    henry24 Posts: 322 Forumite
    First Anniversary First Post Combo Breaker
    lincroft1710 wrote: »
    Currently the de facto occupier is your neighbour. He may have adverse possession of that part you claim isn't his.

    Could you give me more informtion on that.
  • Mossfarr
    Mossfarr Posts: 530 Forumite
    First Anniversary Combo Breaker Hung up my suit!
    If it does not belong to your neighbour he may be in the process of seeking 'adverse possession' himself. If so, it wouldn't be his land to sell. I doubt he would want any attention drawn to it in case the actual owner is alerted and claims it back.
    Alternatively, If he isn't using the land and doesn't own it perhaps you could start using it yourself? That usually alerts the actual owner and you could then negotiate the purchase with them.
  • lincroft1710
    lincroft1710 Posts: 17,623 Forumite
    Photogenic Name Dropper First Anniversary First Post
    If the owner of the land didn't occupy it and just abandoned it, then your neighbour could have fenced it off and occupied it himself. If his occupation goes unchallenged for 10 yrs he can apply to the Land Registry for the title of the land. However the LR must inform the registered owner of the land of the application and if the owner objects, the application fails
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • henry24
    henry24 Posts: 322 Forumite
    First Anniversary First Post Combo Breaker
    In reply to the last two posts there is no other owner just us two. I bought the house two years ago after the previous owner died about a year before, my back garden is just a small piece of grass with a small hedge at the back and then this land that the previous owner of my home used as his veg garden and orchard.
    My house had no deeds when I bought and when registered my boundary line was put where the hedge is the same as the plans from the EA details, and the neighbours only got deeds to there's about 5 years ago and I'm wondering if his boundary was put in the wrong place and he's not said anything thinking nobody would find out. Nothing has been done with the land for a few years it's just an overgrown jungle.
  • lincroft1710
    lincroft1710 Posts: 17,623 Forumite
    Photogenic Name Dropper First Anniversary First Post
    You've now told us something which you should have mentioned in your first post - that the land (or part of) you want to buy had been used by your vendor.

    There are 4 possible explanations.

    1. It is owned by a 3rd party and your vendor used it with or without permission.

    2. It is owned by your neighbour and your vendor used it with permission.

    3a. It was owned by your vendor and your neighbour is either going down the adverse possession route or is just hoping you will assume it is his.

    3b. It was owned by your vendor and shortly before his death he sold it to your neighbour and the paperwork was never properly completed.

    If it is 3a. then somewhere along the line the boundary of your property has not been correctly recorded. However be aware that trying to determine where your boundary should be, can be very, very expensive.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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