Neighbor stealing land

Land_Registry

Such disputes can be notoriously difficult to resolve and as other posters have already suggested it is always best to seek an amicable resolution to avoid future difficulties.

Establishing what each registered title states is a first step and hopefully both are registered. Understanding what, if anything, is then recorded on the title(s) is vital - in the case of 'shared accessways' these will often be recorded on the title register with reference to the title plan as well but there is no rule of thumb here.

I am a little concerned re

harris3636 wrote: »

She has contacted the land registry and they have agreed that what he has done is wrong and he should put it right. QUOTE] - we can provide information re the registered titles but are not in a position to decide who is right/wrong in such cases.

If an agreement cannot be reached then the only arbiter will be a court of law, hence the need for legal advice if that route is chosen.

The other key factor to consider is where the title(s) are silent on the issue of access. If they are then rights of access/way can accrue over time - the minimum period is generally 20 years.
The 12 years referred to by SailorSam will relate to the situation where land is being claimed through adverse possession - I could not see anything to suggest that any land was being 'taken' other than in the post heading and the main issue appears to be preventing access via the rear?
Where rights (easements) are concerned then the minimum period is often 20 years of use - once again something to discuss with a legal adviser especially if the property has changed ownership over the years as it may rely on previous owners being able to support such a claim.

Take a look at our FAQs re boundary questions for more informaiton on what a registered title reveals and guidance on how to deal with such issues

propertyman

Everytime I read this I think of an owner waking up to find a gaping hole where the gaden was- stolen in the night.

:money:Check your various insurance policies for any legal expenses cover that might cover the cost of this.

The earlier posts cover it, so
1: the solicitor should simply be looking at the title plans
2: photos of the site may help
3: a local chartered surveyor might be needed to inspect and take measurements to determine their (1) accuracy

and in 7/10 days
1: solicitor writes letter before action offering resolution or mediation and if not agreed
2: off to court

princeofpounds

Yes, if you have buildings insurance you should notify them, they normally have cover to deal with the legal expenses here.

harris3636

Apologies for the comment " She has contacted the land registry and they have agreed that what he has done is wrong and he should put it right" this was, I believe an off the cuff comment and was not seen by the land registry person as a statement of fact. I was not there so I cannot on the discussion.

Going back to the previous posts, the person has been asked many times to put the access back but has refused on every occasion. So the only action I can see now is legally. She has copies from the Land Registry and has now taken them to her solicitor along with a copy of the data sheet from the Estate agent who originally sold the property to her. This sheet shows there is a side/ rear access to the property.
All we can do now is wait but I will pass on Propertyman's & Princeofpounds comment about the property insurance to help cover costs.

RAS

Had anyone downloaded the land registration for the other property as advised. I know at least one case when two registrations had different contradictory information about the right of access.