Neighbour says I'm encroaching on their land

princeofpounds

How long have they been using the disputed area? They may already have an adverse possession claim, irrespective of what your deeds say.

This.

The land registry is not necessarily evidence of ownership. They may have acquired the rights to the land through long term exclusive adverse possession, no matter where the red line on the boundary plan is. It could quite easily be your land which is not registered correctly, given that it borders unregistered land.

However, if you know that they would not have a case (perhaps they haven't been in place long enough, or they were in place with permission) then you should probably make a move to re-assert possession.

Annie1960

Why have you not fenced off your land?

You claim to have written evidence from the Land Registry, so take s copy, send it to neighbour, and erect a fence.

DaftyDuck

This is why such matters should be clearly sorted out at purchase; you have repeatedly stated firmly that this land is "yours", not "theirs"... it might, in fact and in law, be theirs.

If they have, indeed, been using the land for a long time (and over 12 years is certainly long enough), they may well have gained possession. To all intents and purposes, it is now "theirs", unless you are willing to try a legal route to reclaim it, which from your above position of being a newcomer not wanting to upset too many locals, you may well not.

G_M

See

http://www.landregistry.gov.uk/professional/guides/practice-guide-4

Annie1960

http://www.landregistry.gov.uk/professional/guides/practice-guide-4

Here is the Land Registry's information about adverse possession.

Show you neighbour the evidence you have that the land belongs to you.
Erect a fence.
If they want to challenge you through the courts that's up to them.

Davesnave

Annie1960 wrote: »

Show you neighbour the evidence you have that the land belongs to you.
Erect a fence.
If they want to challenge you through the courts that's up to them.

In most circumstances, I'd agree with all that, and I'd be willing to bet that no challenge would be made.

.....but it's a close-knit, parochial type of community and the OP is a total outsider, so although the land would be hers, the loss of goodwill among neighbours might have significant impact, long term.

I agree with Dafty, these matters should be sorted before completion. We had four pretty significant errors in the title docs when purchasing our current home, a couple of which could only have been spotted on-site. Therefore, it's no good relying on solicitors alone.

DaftyDuck

The one possibility for a get-out-of-jail-free-card that I think may occur is that, at one point (in a different thread on Gardening, maybe?) Money said the neighbour had instigated legal action. That might mean that their current legal non-entitlement might be explained to them.

They might try to register the land (their own is unregistered anyway), and Money can block that. They might accept that the land is not legally theirs (and might be Money's), but that doesn't mean they have to vacate it.

It's still back to Money to then say "Get orrf my laand".

Out of interest, Money, did you see that the land was in use by the neighbour when you bought it, or did you think you were buying a teeny bit less?

Note post #1, five pages back .... "The bit concerned is teeny tiny".... well, this thread is set to grow and grow. ALWAYS get these matters sorted by the vendor BEFORE completion HOWEVER teeny tiny they may be! Or just forget about the encroached bit!

moneyistooshorttomention

The vendor was, in hindsight, being very careful in the way they phrased their answers when I asked who the land concerned belonged to. I can see clearly why they chose the exact words they used quite carefully...:cool: (as they boil down now, I can see, to "Its mine, but AN is squatting on it").

I was investigating further after AN said I was encroaching on their land and have found out what the exact state of play is as a consequence of that.

DAVE - you do have a point here and I am very conscious of that. Mind you, I'm also very conscious that there are enough other incomers here (and that is where I have made friends from so far) that I could totally have a 100% incomer friendship group with no problem. Though, obviously, I want to make friendships more widely all round (ie with both communities), but I know I don't absolutely have to do so and will still be able to build up a wide social circle okay iyswim. Most people are being fine to me regardless of local or incomer status, but I do have concerns I might be deemed to be "in the wrong" (even though I'm right) by a few just in order to "support a local", as I've noticed one or two signs that a few people think that locals get supported first (a mindset that is very different to what I am used to, which is "who is right? and they are the one I support" that I am used to).


DAFTY - I have the feeling that AN has been told that they haven't got a leg to stand on, as they've "toned it down a bit" recently.......I may be wrong and it may just be down to they are also aware "which side their bread is buttered" (ie they might need my help at some point...and would presumably like to get it...).



LAND REGISTRY REP
Have you got any further thoughts on this? ie as to how I can protect that bit of my garden from getting registered to the wrong house (either now or when it swops hands), so that the next owner of the house doesn't think/try to claim that bit of my garden as theirs?

ging84

I think the LR rep will be staying well away from this can of worms

Land_Registry

moneyistooshorttomention wrote: »

LAND REGISTRY REP
Have you got any further thoughts on this? ie as to how I can protect that bit of my garden from getting registered to the wrong house (either now or when it swops hands), so that the next owner of the house doesn't think/try to claim that bit of my garden as theirs?

The ultimate protection from our perspective is of course actual registration. This is an advantage here as a record already exists re your title and it's general boundaries.

The fact that next door is unregistered does however leave a degree of uncertainty as to what extent they 'own' as demonstrated by any deeds in their possession.

If we were to receive an application which sought to register the contested land to someone else then we would serve notice on you as the registered owner of the contested land if it was shown to be already registered of course.

That would occur whether or not they claimed ownership through occupation or actually produced deeds to support their application. The process re claimed ownership and that proven by actual deeds will differ but the need to notify exists in both cases.

However, and as others have posted, leaving things as they are may not be your best option as if they are occupying your land as you suggest and you do nothing then at some point in time (if not already passed) they may have a valid legal claim to have that ownership registered.

Legal advice is still the best advice I can give you, especially as such advice would be independent, would take into account not only the registration requirements/issues but also the law around adverse possession.

ging84 - there are very strict limits around what I can advise on, especially where legal advice is required or is the best option. The above advice is purely procedural and aimed at explaining what should happen should next door seek to register ownership of the contested land.

That is quite straightforward but the law around adverse possession is extremely complicated as can be shown by the interest in as well as the the comments being made in this thread.