moving a boundary as right of way has been historically been used

roni.james

Hello, can you please help?
We live in an old terrace of cottages. We have the end terrace and there is a right of way attached to our deeds for my neighbour. The right of way is at the back of our cottage and to the side of our garden. The right of way to the side of our garden is about 1.3 meters wide and 10 meters long (in the form of stairs/steps and at the top a shed by our neighbours). We have never used it since we bought our property 16 years ago and have just been good neighbours in going with the way it has been used.
Our neighbour now is selling his property and the buyers can't get a morgtage because of the boundary of the property. Our neighbour now is going to claim or change the boundary and incorporate the right of way as it has been historically been used by owners of his property. He says he has affidavits attesting to the historical use
My questions are can he actually do this?
Can he actually do this - just change the boundary because of this historical use or Can't he just get and indemnity insurance instead?
We don't actually use the right of way to the side of the property and don't see a need to. So really we can just take it but I feel as though we are being bullied into changing the boundary.
The old deeds we have has all mentioned the right of way and former owners never felt the need to do anything so why change the status quo - would an indemnity insurance be of use and if so who takes it my neighbour or myself?

Owain_Moneysaver

It's not a right of way, it's an easement. A right of way is used by the general public, registered with the council, and might be established by historical use.

An easement is the right of your neighbour to walk over your land and will be established your deeds.

It's a question for your neighbour's solicitor to satisfy the buyer's solicitor. Your neighbour cannot just change the boundary of your property.

If your property is registered you should set up an alert at
https://propertyalert.landregistry.gov.uk/
in case any attempt is made to alter your land registration.

roni.james

Thank you very much - especially the link of the alert

moneyistooshorttomention

I'm a bit confused - is this land your property or the neighbours property?

roni.james

The easement is part of our land

G_M

In theory (I think) if you neighbour not just used the easement over your land (which I assume he's been doing) but actually fenced it off from you and treated it as if he owned it (eg growing vegetables on the land year after year) without you contesting his use of your land as if it were his own, then he could apply for adverse possesionof the land.

If he lodged an application for AP for the land with the Land Registry (and assuming your land is registered land), they (the LR) would write to you as registered owner to see if you object.

Which of course you would.


But owains's link to the LR alert scheme is still a wise precaution!

roni.james

He hasn't done anything except put up a shed on the top of the steps which is the easement. Used the steps to access his garden as his kitchen extension is right on his boundary and the kitchen door opens directly on the easement
Is it worth contesting though?

G_M

roni.james wrote: »

Is it worth contesting though?

* Has he actually made an application for AP? Or taken any other concrete legal steps?
* if he has, I would contest it - this may impact on either the value of your property, or it's saleability in the future.
* an alternative approach might be to offer to sell him this piece of your land. Though if you have a mortgage, your lender would need to consent to such a sale as it could reduce the value of the security of their loan.

roni.james

Don't know if he has taken any steps. Know he has consulted a lawyer who said we can't do anything about it. Have registered with the land registry as well.
if he takes out an indemnity insurance instead would that work?
We can't afford to hire a lawyer to contest it

PasturesNew

The bottom line is that if it's your land and registered to you then any neighbour who thinks they can just help themselves to it and move a boundary is simply delusional.

It doesn't work like that.

Your land, registered to you, within your boundary.... he has a right to walk over that piece for XYZ reasons - all of that is documented in the deeds and that's the limit of his "rights".

Adverse possession applies to unregistered land, where somebody's fenced off that unregistered land and been tending it for X years without anybody saying "oi!".

In short: it can't happen. He can't do it.

Let the fool continue to be delusional if he so wishes, but if it's your registered land within your boundary ... then that's how it stays.

unforeseen

roni.james wrote: »

He hasn't done anything except put up a shed on the top of the steps which is the easement. Used the steps to access his garden as his kitchen extension is right on his boundary and the kitchen door opens directly on the easement
Is it worth contesting though?

Is the shed on your land or his? If yours, how long has it been there?