Garden fence in wrong place for years

DOsul

I have just realised my neighbours fence is 5x30feet into my land according to my title plan (which has not changed in many years)
I think the fence was put up by the previous owner of the neighbouring property (perhaps 25 to 30 years ago). It was there when I moved in to my house. I dont expect the neighbour to take kindly to me asking for my land back and want to be prepared when this probably happens. They haven't asked for adverse posession as yet.

I have read about adverse posession and 10 or 12 years and the 2002 act but all in all thing are not clear. Do i still own this land and how to go about getting it back. There is no paperwork in my deeds that gives them permission to fence of or use this land.

What can I do if my request for the return of my land is not accepted.
Help Please!

ging84

so you are saying a 30ft fence is 5ft further into your property that it should be?
have have you establish this from the title plan? measuring from your property line to the current boundary line and comparing to the measurements that of the title plan? or have you used something more definitive to confirm ?

theartfullodger

Buy online from land registry your neighbours plan. If that shows the boundary in the sane place as your plan go talk to a solicitor SPECIALISING in such matters.

Don't think this will get resolved in less than a year.

Cheers!

ging84

viewing the neighbouring plan won't necessarily help, it is like show the boundary in the exact same place, as they will likely have been produced at the same time, or one based on the other.
The issue is that the title plans the land registry keep are not accurate enough to establish the exact position of a boundary on the ground (they make this very clear on them), sometimes people measure the length of their garden, find it to be a couple of meters shorter than the title plan shows and assume the fence line has been moved, this is often not the case, it is simply that the map is not that precise.

skitler

leave the fence up and put another where you think it should be and let him challenge you..

but then offer half each, you both get something at no cost. otherwise the solicitors will win from both off you.

seven-day-weekend

The only accurate way to decide where a boundary should lie is to get it re-surveyed. The map on the deeds may not be very accurate. An ink line on the deeds can be two feet thick on the ground!

skitler

seven-day-weekend wrote: »

The only accurate way to decide where a boundary should lie is to get it re-surveyed. The map on the deeds may not be very accurate. An ink line on the deeds can be two feet thick on the ground!

try to get a 1:1 ratio map in 3d if you can.:rotfl:

seven-day-weekend

skitler wrote: »

try to get a 1:1 ratio map in 3d if you can.:rotfl:

Like the garden

Davesnave

As others have said, it's useful to have landmarks on the ground, like the corner of a building, to establish a fence line. A title plan may be a good indicator, but some are very poor. In that case a re-survey by Ordnance Survey could help.

However, disputes can be difficult and expensive to resolve, especially if they go to adjudication at the Land Registry and both parties employ specialist solicitors. They charge more than plumbers!

If, as you think, the fence was put up by the previous neighbour, say, 25 years ago, you will likely face an uphill struggle. You will need evidence that it was moved from the original position, and there might be no one willing or able to testify on your behalf. You probably won't be able to rely on aerial photography.

On top of that, it sounds as if the neighbouring property has enjoyed exclusive use of the land for a long time.

So, unless this land has extra value, say because it allows you to build, you might decide eventually that the cost of reclaiming it exceeds its worth.

skitler

do some forensic work and try to establish where the original posts where, like on time team.

if you find any roman coins then there perhaps mine as I came up with the idea.:rotfl:

harrys_dad

skitler wrote: »

leave the fence up and put another where you think it should be and let him challenge you..

but then offer half each, you both get something at no cost. otherwise the solicitors will win from both off you.

Except that that would mean OP building a fence 5 feet into his neighbour's garden from the current fence. I am sure they will allow him access for that