Neighbour has built on my land, what to do?

Debt_Free_Chick

takoo wrote: »

2 The Land Registry have or will have a service to "fix" boundaries - it is provided in the Land Registration Act 2002. (The boundaries shown on many registration documents are indicative only.)

Although I think this is simply to record the new boundaries, where the parties (neighbours) have agreed on where it is.

I don't think that they will "rule" or adjudicate on "the correct boundary" - see the link I posted earlier.

Still worth exploring though, so at least donglefan will know where to go with his issue.

Smi1er

Be very careful here.

I know of someone who turned a 3 bed house into a 5 bed, he built 3 metres back, and also built to the side, moving 1 foot into his neighbours land.

The brickwork went up so quick it couldn't be stopped, but then the council and lawyers became involved.

I don't know the ins and outs of the case but the owner of the property won his case, and also costs from the neighbour. The whole affair cost the neighbour £100K

epz_2

for anyone wondering what the op's original post was about, basicly the bought a house which stated they had certain boundrys.

anyway after a certain time they rented it out while they were 100miles away, neighbor built the extention and now the op aint happy.

nollag2006

Have a look at gardenlaw.co.uk for some good advice

WTF?_2

Smi1er wrote: »

Be very careful here.

I know of someone who turned a 3 bed house into a 5 bed, he built 3 metres back, and also built to the side, moving 1 foot into his neighbours land.

The brickwork went up so quick it couldn't be stopped, but then the council and lawyers became involved.

I don't know the ins and outs of the case but the owner of the property won his case, and also costs from the neighbour. The whole affair cost the neighbour £100K

It's rather difficult to see how someone could build onto someone else's land and then win a case(plus costs) brought by the person whose land was being trespassed on.

The only way I can see is if the person claiming trespass did not in fact have rightful ownership of the land in question.

If you own the land and can prove it, should be a surefire case even if it takes time and money to resolve.

clutton_2

""I don't think that they will "rule" or adjudicate on "the correct boundary"

last year i had a boundary dispute in my own home, and the land reg told me that they used to adjudicate on such disputes, but, since data protection and freedom of information and all that twaddle, they are no longer allowed to "adjudicate on their own records" - so had i wished to pursue it - it would have had to have gone to court - me and and the neighbour came to an amicable conclusion.

guppy

I think this may be complicated considerably by the fact that the property has changed hands at least once since the OP purchased it. I wonder what land was described as passing on that conveyance?

takoo

I understand that the Planning Bill contains provisions for new legislation on householder's rights.

Have not yet gone into detail. It seems we will have new rights to create

• microgeneration bits and pieces on our property
• new windows and doors
• extensions etc.

Is conceiveable that boundary disputes such as is described in this thread will arise much more frequently?

Takoo