Boundary issue after buying property

silvercar

Mojisola wrote: »

This could be the case unless the letter from the council gives the house owners permission to use the area.

Permission can be withdrawn at any time in the future and adverse possession can't be claimed if you are using someone's land with their permission.

In that case it could be that the 2001 letter gave the owners permission to use the land.

silvercar

lincroft1710 wrote: »

So the fences were moved around 1997, council sends a letter 4 years later and has done nothing further for the past 12/13 years. TBH I'd let sleeping dogs lie and carry on and enjoy my new home.

I agree with this. It also means that when you come to sell, you have nothing to declare.

I can't see there being much added value by an extra 3.5m of garden, unless the original garden was very small for the plot.

Land_Registry

Issues such as this are not that uncommon as developers will often erect fences a few metres in from where the legal boundary is perceived to be so as to avoid issues with adjoining land owners (council or otherwise). These are not usually ransom strips but simply a means of avoiding disputes over where they have put the fences.

Over time the new plot owners move their fences to include the extra land.

The key issue, and I don't think you have mentioned it, is who actually owns the extra land? You mention that the properties adjoin the Council land so it seems plausible that it was and still is registered to the original developer?

If you have not checked then you can do this in three ways although only one will give you a guaranteed result

1. by using form SIM along with a suitable plan which clearly identifies the strip of land in question. You can use a copy of your own title plan for example. The form SIM result provides the guaranteed result I mentioned; or

2. use our online Aerial Land Locator service - this relies on you identifying and clicking on the strip of land using an aerial image. This can be tricky if the strip is narrow and may not always reveal information. For example if the land is unregistered or forms part of a much larger area then the online result may simply state 'No information available' and you would need to turn to form SIM to be sure; or

3. If you have the copy register, copy title plan and a copy of the Transfer from the original developer to the first private owner then the Transfer plan may reveal whether the land formed part of the original development in some way. Sometimes it will and sometimes it won't and even if it does then it may still be necessary to check via options 1 or 2 as they may have eventually transferred that land as well.

The issue of the letter from the Council is clearly also important but without knowing what it said you can't be sure as to what level of importance it has.

It could be that the developer then transferred the strip of land along with the common areas and estate roads to the Council thus causing the Council to consider claiming back their land - however if that was the case then what happened after sending the letter and why have they not pursued it?

In my experience I have not heard of Council's granting permission to use land in this way but that does not mean that they have not in this case. Finding out what the letter said and whether it is still relevant or binding may impact on next steps, especially if you are considering claiming the land as it may well negate that possibility but still let you enjoy use of the land as part of your garden. It may be worth approaching some of the other neighbours to see if they have the same experience and a copy of the letter as well?

Whatever the outcome of your initial investigations I would recommend speaking to the solicitor who acted for you on the sale. As this happened way before your own seller's sold they may not have been aware and therefore no mention was made of it. But your solicitor should be able to advise on next steps although knowing who owns the land i.e. who is it registered to still is something they would need to know to assist with any advice. There is probably no real value in approaching the Council at this stage and it is probably better to be aware of your legal position before doing so.

The following links to our website information may be of interest and/or benefit
How to find out who owns it - the online service may help as explained but see the part entitled If the Land or property cannot be easily identified for a link to Form SIM

Claiming land (Adverse Possession) - Practice Guides 4 and 5 - which one is relevant depends on whethether the land is unregistered or if it is when the claim period began. However do bear in mind that these are written with legal professionals in mind and the law around adverse possession can be very complicated