Boundary dispute, advice please.

keystone

LR plans won't fix the exact location of the boundary to better than 6 - 9 inches but as the strip you are talking about is a lot wider than that you should have a clue.

Why not check the deeds for the property which will, no doubt, be in your possession?

It strikes me as odd, though, that its taken 10 years for the penny to drop that your garden might be able to be 20% larger than it is so I'm wondering if there is more to this story than you are presently telling.

The limitation period for adverse possession in England and Wales is 15 years so at ten you are well within it. But your neighbour can't claim adverse possession anyway unless they are actually using the land. Just passing over it once or twice a week doesn't consitute usage.

Whilst you are getting a copy of your own plan from the LR get a copy of his too (for a further fee of course). You might find that the two are at odds with one another. Equally you might find that neither of you owns this land. In either case - let the fun commence.

Cheers

paddy's_mum

So many people have such faith in the Land Registry. However, LR themselves state that lines on the map (taken from the Ordnance Survey) are plus or minus one metre of accuracy! Not much use if it's only one foot of land that might be subject to dispute and/or alteration.

Where LR can be extremely useful is in checking what conveyances, old deeds etc were lodged at the time of first registration of both properties which may give you some clues.

It might also be of value to check with the previous owner/s and/or their family members as well as other neighbours to see if anyone can shed some light on the issue.

My advice? Let it go unless it is vital to your use of your property AND you have unlimited tolerance of stress as well as deep pockets and a huge desire to fund the lifestyles of your solicitor, his favoured QC etc etc ....!

Mojisola

keystone wrote: »

The limitation period for adverse possession in England and Wales is 15 years so at ten you are well within it. But your neighbour can't claim adverse possession anyway unless they are actually using the land. Just passing over it once or twice a week doesn't consitute usage.

Whilst you are getting a copy of your own plan from the LR get a copy of his too (for a further fee of course). You might find that the two are at odds with one another. Equally you might find that neither of you owns this land. In either case - let the fun commence.

Are you sure about the 15 years? If the neighbour had blocked off the area before Sideways bought it, he could have been in possession for many years. He doesn't have to have used the land - just prevented the owners of Sideway's property from using it.

https://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/Owningproperty/DG_196292

keystone

Mojisola wrote: »

Are you sure about the 15 years?

Yep.

If the neighbour had blocked off the area before Sideways bought it, he could have been in possession for many years.

Nobody has said anything about the neighbour "blocking off" the land. All the OP has said is that there is a hedge. So further questions arise. Who planted the hedge? Who maintains the hedge? How old is the hedge? Do the deeds of both properties include a provision of "right of access" for the neighbour over that strip of land?

He doesn't have to have used the land - just prevented the owners of Sideway's property from using it.

Actually yes he does have to use it and nothing has been said so far that actually confirms or otherwise that the neighbour himself has prevented the OP from having access.

Cheers

Mojisola

keystone wrote: »

Yep.

Have you got a link to that?

keystone

Mojisola wrote: »

Have you got a link to that?

Not instantly but I'll go find you one.

Cheers

Edit: Land Registration Act 2002. http://www.legislation.gov.uk/ukpga/2002/9/contents

and I'm sorry but I did get one thing wrong - failing memory in my dotage I suspect. It's 12 years not 15.

Norman_Castle

In short, our neighbour may have taken a strip off the bottom of our garden for his convenience.

Would the previous owner have allowed this? Who planted the hedge?

This may help http://www.boundary-problems.co.uk/boundary-problems/frontpage.html

Leif

keystone wrote: »

Yep.

You might wish to read up on adverse possession. I have always assumed it is 12 years, having been involved in a boundary dispute myself:

http://en.wikipedia.org/wiki/Adverse_possession#England_and_Wales

The neighbour might be able to argue that he/she has been using the land for a long time. Or they might have nicked it while your property was on the market, if for example it was a probate sale. It does happen.

Added later: Just noticed that Keystone corrected himself.

keystone

Leif wrote: »

Added later: Just noticed that Keystone corrected himself.

Well its nice to see that someone actually does read my ramblings.

I invariably try to correct things if I've got them wrong. Old fashioned brain fade in this case.

Cheers

Mojisola

keystone wrote: »

Well its nice to see that someone actually does read my ramblings.

I invariably try to correct things if I've got them wrong. Old fashioned brain fade in this case.

Happens to us all!