Claiming land

Flyinger

I have no idea how claiming land works but I would suggest downloading Google Earth (not Google Maps) on your PC. This allows you to access historical satellite images. The images are all dated and it may allow you to assess when the fence was put up and if your neighbour is telling the truth. For most areas in the UK the satellite images go back to 1999 or earlier. This only works on PC's, not mobiles.

greatcrested

MoneySeeker1 said:

greatcrested said:

Has he made a claim for adverse possession?

If yes, has the Land Registry contacted you about it?

If yes, have you disputed his claim?

If no claim made yet, then remove his fencing and take possession of your land. In the interests of avoiding excessive breakdown in relations, I'd suggest talking to your neighbour first in a polite and reasonable way, with a copy of your Title Plan to hand. But be firm about the fact that the land is yours.

Fingers crossed he hasn't got as far as "registering" it and it's not down officially as belonging to the wrong person (ie him).

As I understand it, the land is registered as part of the OP's property.

If the neighbour made an adverse possession claim, the Land registry would contact the registered owner, who would have an opportunitity to object to the claim.

Hence my earlier questions.

It's obviously different where a claim for AP is made to unregistered land where the LR would not know who the actual owner is.

Davesnave

eidand said:

I would definitely talk to a solicitor but if i was sure that's my land, I would knock his fence down and chuck it back on his land with no second thought. if he dares try anything I'd call the police

The police would probably not thank you for causing criminal damage and starting the fracas.

The correct procedure would be to remove the fence owned by the neighbour as carefully as possible, so as not to cause damage, placing the pieces on his or her land.

Ideally, you would have informed  the neighbour first of your intentions and the reason behind the removal, giving a time limit for them to do the it themselves, if they wish. It would also give you time to prepare a fence of your own, or appoint a contractor to mark the new boundary. Contractors are very useful, being 3rd parties and not emotionally involved.

You have to live next door to this neighbour for the term of your occupation. Irrespective of the rights & wrongs, the way you treat them will affect relations. You can show that you're not a push-over without throwing your weight around.

Davesnave

runningman said:

Whatever the rights and wrongs, if I was you, I'd think about the stress and expense of neighbour disputes, and let sleeping dogs lie.

.....Which would give you a real headache (other parts of the body are available!) later when you come to sell.

Most purchasers study the title plan very carefully.

MobileSaver

Davesnave said:

Most purchasers study the title plan very carefully.

As @Davesnave has alluded to, when your solicitor (who probably never visited the property) asked you to carefully study the plan and confirm it matched what you thought you were buying, how did you make such a fundamental mistake?

The reason for asking is not to have a go but to make you reassess whether you are making a mistake now and in fact the land doesn't belong to you after all.

trindy

For those asking, yes the land is 100% ours and clearly we didn’t check the land registry document correctly when we first moved in! Our garden is a peculiar shape and quite large so although it might be hard to understand without seeing it, it’s not that surprising that we didn’t know, particularly given that the neighbour had already put up a fence and shed. We were stupid and assumed!! 
Anyhow, we have had many conversations with the neighbour now and we are going to allow him to keep the land and he is paying any legal fees! So although we lose land, at least we don’t lose money. And that way we can stay amicable with them... 
thank you all for your comments and help. Much appreciated.