Conveyancer is saying 'pull out'.

GDB2222

12 years is not enough, assuming that this is registered land.  It's actually extremely difficult to get adverse possession, unless the existing registered owner does not care.  See https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

• adverse possession of registered land for 12 years of itself will no longer affect the registered proprietor’s title
• after 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the land
• on such an application being made the registered proprietor (and certain other persons interested in the land) will be notified and given the opportunity to oppose the application
• if the application is not opposed (by ‘opposed’ we mean that a counter notice is served; see Giving counter notice to the registrar in response to notice. Instead, or at the same time, the registered proprietor may object to the application on the ground that there has not been the necessary 10 years’ adverse possession; see Objecting to the squatter’s application for the implications of such an objection.), the squatter will be registered as proprietor in place of the registered proprietor of the land
• if the application is opposed, it will be rejected unless either
  • it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the squatter and the squatter ought in the circumstances to be registered as proprietor
  • the squatter is for some other reason entitled to be registered as proprietor
  • the squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application.
• in the event that the application is rejected but the squatter remains in adverse possession for a further 2 years, they will then be able, subject to certain exceptions, to reapply to be registered as proprietor and this time will be so registered whether or not anyone opposes the application

princeofpounds

Jeepers_Creepers said:

The only thing that suggests the wall could be in the wrong place is the tiny map on the deeds. The 'house' side of the wall is just part of the front garden, but it would be a deal-breaker if it were lost - it's all been perfectly landscaped.

Just found that the Google 'street view' is from June 2009, so this will be 12 years next month from when the image was taken! It shows the wall being exactly as it is now, so that can be demonstrated - if needed - which I very much doubt it will be. Is that 'enough'? Just to be able to demonstrate that the conditions have been met should anyone happen to challenge it, or should ratifying action be taken to make it 'legal' regardless? It still remains quite/very likely that the house boundary was always in that position.

I'm not a total expert on this, but yes, I think that is enough. The point is, there are two routes this can go down legally if it becomes a contested situation. Either it is your land, and you have a boundary dispute, or it is not your land, and you have an adverse possession dispute. You probably want to take the former stance, given the points GDB2222 makes about how adverse possession works nowadays. Any court/litigant would have to take a view on that, and I would fall into the former camp, largely because there is an default assumption that you fence/wall to the fullest extent of your land.

Jeepers_Creepers

Thanks both.

Ironically I'm pleased about the changes to adverse possession, as it always struck me as being a somewhat devious and underhand way of gaining land. But - damn - the timing!

Yup, between it all it's probably no surprise the conveyancer is suggesting 'out!'.

I'll pass that on.

Cheers.