Urgent Help needed regarding part of my land.

rigsby1967

I wasn't sure if this is the right forum but before parting with money to a solicitor i thought i'd ask here.

18 years ago my neighbour wanted one foot of the whole length of my front garden so she could pave her garden, that was fine at the time but i now need my part back but she is refusing.

The neighbour typed up a letter saying i was giving her permission to use that part of my land, i signed it as did a witness (her friend).

Will this letter stand in a court of law? where do i stand getting my land back?

Any replies greatfully received.
rigs

princeofpounds

sure someone will be along in a bit, but you might wish to try gardenlaw forums on boundaryh disputes too.

googler

18 years ago you allowed your neighbour to pave over a strip of 1 foot of your property, and you now want it back?

What are you expecting to happen, that the neighbour demolishes the 1 foot strip of paving? That the neighbour reinstates it to the way it was before?

Why did you allow them to do this in the first place?

System

In theory you can claim it back as it was given with permission so ROW & easement rules are out the window.

In practice you will probably need a lengthy and costly court case and after 18 years there would probably be very little hope of you winning.

rigsby1967

googler wrote: »

18 years ago you allowed your neighbour to pave over a strip of 1 foot of your property, and you now want it back?

What are you expecting to happen, that the neighbour demolishes the 1 foot strip of paving? That the neighbour reinstates it to the way it was before?

Why did you allow them to do this in the first place?

I allowed it in the first place as this was fine, but now we have 2 car and she is kicking up a stick everytime someone dares to go over her (my) part and has a go at them.

I wouldn't have thought it makes a difference if it was 18 weeks ago or 18 years, curcumstances has changed and it is needed back.

rigsby1967

!!!!!! wrote: »

In theory you can claim it back as it was given with permission so ROW & easement rules are out the window.

In practice you will probably need a lengthy and costly court case and after 18 years there would probably be very little hope of you winning.

Sorry, what is row and easement? Ive never heard of this before.

Little hope of winning, even though it was just a typed up permission letter by the neighbour yes?

rigsby1967

Oh and also, surley as i gave my permission it doesn't mean she now owns it??

System

rigsby1967 wrote: »

I allowed it in the first place as this was fine, but now we have 2 car and she is kicking up a stick everytime someone dares to go over her (my) part and has a go at them.

I wouldn't have thought it makes a difference if it was 18 weeks ago or 18 years, curcumstances has changed and it is needed back.

That makes a big difference. You gave her permission to pave it but you didn't give her exclusive use so therefore you can still use it.

I was imaging a fence moving as well so preventing you accessing it. As it is 'open plan' then all you need to do (if you aren't bothered about neighbour relations) is to put it in writing that permission is rescinded and give her 14 days to remove her paving slabs or you will move them. She has no right to 'keep' that strip of land

princeofpounds

I would probably do what !!!!!! suggests (if I wasn't going to sell the property any time soon as you would likely have to declare disputes.)

I would probably install my own markers just on my side of the boundary to make it clear. Don't damage the slabs if you do end up removing them. They are still her property.

Unlike one of the previous posters, I think it is very likely you will win, technically-speaking. The neighbour cannot claim adverse possession as permission was given.

However, what you practically hope to gain is another matter. Court is expensive. Surveyors are expensive. And boundary plans are not exact; a foot is well within the margin of error - are there any physical features which help locate the boundary line apart from the edge of the paving?

So best to use the land as you see fit, and if she wants to go on a fruitless legal chase let her do the running.

OP, just to be clear, is she objecting about the USE of the space, or the OWNERSHIP of the space? If it is the former, I recommend that you try your best to get some kind of evidence that she does not dispute the latter (even more than the letter you have). Because if she wants to kick up a fuss then her demands might inflate to ownership.

pinkshoes

What exactly did the letter that you signed say? Did any money change hands?

By the sounds of it, you just gave her permission to USE part of your land, not own it, so it still belongs to you.

Did the letter you sign give her EXCLUSIVE use of it? If not, then you can carry on using it and just park on it.

poppysarah

Have you got what you signed still?