Boundaries, new build, land registry

peachespeaches

Just bought a new build completion is imminent. We have been renting the same house for 6 months with a view to buy and its now gone through. We love the house and the long garden. But the solicitor found discrepancies in the plans held by the land registry and those produced by vendor. What this has meant is that a corner of our garden (probably about 10 foot by 6 foot approx) doesnt actually belong to us, but it belongs to the people over the fence whose house was a former council house.

Looking over the fence, the former council house has an old hedgerow boundary and the builder took this to be the boundary line. The land registry say it isnt, its actually on our land. The builder has offered to fence off the piece of land that we dont own if we want, but I declined. The reason for this is, no one but us can actually get to this piece of land, so it will become overgrown and a mess if its fenced off. I plan to maintain the land as part of our garden, I wont be putting anything permanent on it, but will mow it and keep it tidy. Our solicitor says we should get them to fence it off as we are storing up trouble for the future. I just dont want an eyesore next to my house.

If we spend 10-12 years or whatever the period is of maintaining this land, can we claim it?

pingu2209

I believe it is 20 years.

Fire_Fox

I don't understand, can you explain that again?? The old council house is built on your land, and a bit of the council house's land is in your garden??

G_M

I'm confused too

a corner of our garden (probably about 10 foot by 6 foot approx) doesnt actually belong to us,

So the land you dispute is not yours.

The land registry say it isnt, its actually on our land.

The Land Registry says this (disputed) land is yours?

Which? The Land Registry is what matters. So do the LR Plans say it's yours or not yours?

If we spend 10-12 years or whatever the period is of maintaining this land, can we claim it?

No. Not nowadays. Once land is registered at the LR, that's it. It belongs to the registered owner. Till it is sold.
You are thinking of the situation many years ago before registration, when unclaimed land could be taken over.

Richard_Webster

If the LR have this piece of land registered within the house at the back's title then after 10 yaers of tending it as part of his garden he can apply for title. The LR then notify the owners of the land and they have 2 years in which to repossess it through the courts. If they do nothing about it during that period then OP can apply again after 12 years and obtain a title, which would probably be an absolute rather than a possessory one.

Obviously Op should not talk to these neighbours or otherwise communicate with them about the issue because he might thereby be acknowledging their title, which would prevent an adverse possession claim.

bryanb

G_M If you read again I think You'll see that the LR are saying the boundary is on OP's land

G_M

bryanb wrote: »

G_M If you read again I think You'll see that the LR are saying the boundary is on OP's land

Read it again - still confused. Maybe I'm being dumb today. And when you say " the boundary is on OP's land" well - which boundary?

Boundary between OP's (real) land and the disputed bit of land, or Boundary between disputed bit and neighbour???

If they do nothing about it during that period then OP can apply again after 12 years and obtain a title,

Thanks Richard - I stand corrected.

bryanb

G_M wrote: »

Read it again - still confused. Maybe I'm being dumb today. And when you say " the boundary is on OP's land" well - which boundary?

Presumably if the LR say so it's the boundary between the 2 properties. What else could it be?

G_M

bryanb wrote: »

Presumably if the LR say so it's the boundary between the 2 properties. What else could it be?

Meaningless. Of course there's a boundary between the 2 properties! The question is where? Which side of the "corner of our garden" which is apparantly in doubt?