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Adverse possession

Rosierees123 · 2016-07-10 12:25:52

Hi help please we have maintained and used as our own a small piece of land attached to our garden for the last 16 years and it has always been fenced off in favour of our garden we put a fence up 16 yrs ago and our neighbours who are council tenants want to now buy their house and want the land back as on land reg it says…

Comments

Mojisola Posts: 35,571 Forumite

10 July 2016 at 6:07PM

DTDfanBoy wrote: »

If I were you I'd hold fire until the adverse possession claim is determined, their removing of the fence will play no part in the determination and if your claim is unsuccessful it's something they'll legally be able to do anyway.

I wouldn't leave it unfenced.

If a neighbour broke down part of your garden fence, you'd replace it.

By not replacing it, you could be seen as accepting that you don't really have any rights to the land.

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moneyistooshorttomention Posts: 17,940 Forumite

10 July 2016 at 6:11PM

Rosierees123 wrote: »

They can't proceed to buy Untill the adverse possession is sorted so they shouldn't have done it

My reading of various threads on here has led to it looking as if the consensus of opinion is that people "should" get the existing owner of a property (the Council in this case) to sort out any problems with the neighbours before they purchase the property.

It does rather look as if the new owners of this house (and the bit of their garden you are currently using) are doing exactly that - ie getting it sorted out with the neighbour (ie yourself). They've taken back their property and are doubtless ensuring the present owner of it "does the necessary".

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Rosierees123 Posts: 18 Forumite

10 July 2016 at 6:36PM

Thanks they've on,y taken the fence down we are still using it for harvesting our veg and collecting eggs etc the police have told him to stay away from it

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silvercar Posts: 49,666 Ambassador

10 July 2016 at 7:25PM

Experts on boundaries disputes etc hang out on the Garden Law forum.

I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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Clutterfree Posts: 3,679 Forumite

10 July 2016 at 7:27PM

Rosierees123 wrote: »

Thanks they've on,y taken the fence down we are still using it for harvesting our veg and collecting eggs etc the police have told him to stay away from it

Where is your fence now?
If they've got rid of it, ask the police to add theft as well as criminal damage.

Ageing is a privilege not everyone gets.
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zagubov Posts: 17,938 Forumite

10 July 2016 at 7:40PM

Mojisola wrote: »

I'd be getting the police involved in the criminal damage aspect.

Put a temporary fence up along the line of the other one (even if it's just a row of pallets) - if you can set up cctv to catch the neighbours tearing that down as well, it will help with the police investigation.

Unless the council objects within the timeframe, the LA will register the land as yours.

The tenants don't own the land so their objections don't count.

What will be a different matter is living next door to people who have shown themselves to be willing to take forceful action.

You're gaining a plot of land and a wound-up neighbour. It's one thing taking possession of a plot of land off an anonymous council but from a short-tempered ever-present neighbour whose disputes you'll have to declare in any future sale, this could be a very Pyrrhic victory.

There is no honour to be had in not knowing a thing that can be known - Danny Baker
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silvercar Posts: 49,666 Ambassador

10 July 2016 at 7:48PM

zagubov wrote: »

You're gaining a plot of land and a wound-up neighbour. It's one thing taking possession of a plot of land off an anonymous council but from a short-tempered ever-present neighbour whose disputes you'll have to declare in any future sale, this could be a very Pyrrhic victory.

I don't think OP is gaining a plot of land, but retaining a plot of land that they claim by adverse possession rights

I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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moneyistooshorttomention Posts: 17,940 Forumite

10 July 2016 at 7:57PM

silvercar wrote: »

I don't think OP is gaining a plot of land, but retaining a plot of land that they claim by adverse possession rights

That isnt how the neighbour is going to see it.

If OP were to succeed in this (and I dont rate their chances personally) then every time the neighbour looks over the fence at their missing bit of garden it will rub them straight up the wrong way - as they contemplate what they want to do with that bit of their garden.

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silvercar Posts: 49,666 Ambassador

10 July 2016 at 8:30PM

moneyistooshorttomention wrote: »

That isnt how the neighbour is going to see it.

If OP were to succeed in this (and I dont rate their chances personally) then every time the neighbour looks over the fence at their missing bit of garden it will rub them straight up the wrong way - as they contemplate what they want to do with that bit of their garden.

Sounds to me like neighbour lived with the situation without any bother until they investigated right to buy, saw the deeds and that a piece of land that was once part of their garden could possibly be reclaimed, so decided to try to take it back.

It was never part of their garden as tenants, but now they want to claim it as they become owners. Moreover they are hoping the power of the council will sort the issue for them.

I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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swingaloo Posts: 3,524 Forumite

10 July 2016 at 9:07PM

Perhaps the neighbour didnt know the patch of land belonged with his house prior to buying.

To be fair I dont think the OP would be happy if it was the other way round. If I was buying a house and suddenly found out that my garden would be bigger if the people next door had not laid claim to it then I would want it back.

Not knowing it belongs to your house is one thing but once you discover its part of your land (or should be) then I think most people would have a different view.

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