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Adverse possession

13

Comments

  • AdrianC said:
    AdrianC said:

    you knew prior to exchange about all of this. I don't know about ripping up fences , but the rest I don't think you can do anything about.
    The fence is on their land, of course they can rip it up.
    I meant what to do with the physical fence.
    Like I said - their fence on their land.
    Not quite sure about that - don't you have to give it them back? 
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    AdrianC said:
    AdrianC said:

    you knew prior to exchange about all of this. I don't know about ripping up fences , but the rest I don't think you can do anything about.
    The fence is on their land, of course they can rip it up.
    I meant what to do with the physical fence.
    Like I said - their fence on their land.
    Not quite sure about that - don't you have to give it them back? 
    You're thinking of branches overhanging a boundary from a tree on the OP's side.
  • user1977
    user1977 Posts: 18,835 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    AdrianC said:
    AdrianC said:

    you knew prior to exchange about all of this. I don't know about ripping up fences , but the rest I don't think you can do anything about.
    The fence is on their land, of course they can rip it up.
    I meant what to do with the physical fence.
    Like I said - their fence on their land.
    Not quite sure about that - don't you have to give it them back? 
    If there's a fence stuck in your land, it's your fence. It's possible it was put there by the OP's predecessors, but they didn't buy any rights to it when they bought the house.
  • babyblade41
    babyblade41 Posts: 3,965 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    you could possibly get involved in a lengthy and possibly costly dispute.

    To save a few £'s on SD you may now have lost on this...very silly move .
  • user1977
    user1977 Posts: 18,835 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    you could possibly get involved in a lengthy and possibly costly dispute.

    To save a few £'s on SD you may now have lost on this...very silly move .
    Sounds more like the neighbours have resolved any potential ambiguity by regaining possession of the bit they own. I don't see much for the OP to dispute.
  • babyblade41
    babyblade41 Posts: 3,965 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 4 July 2021 at 9:51AM
    user1977 said:
    you could possibly get involved in a lengthy and possibly costly dispute.

    To save a few £'s on SD you may now have lost on this...very silly move .
    Sounds more like the neighbours have resolved any potential ambiguity by regaining possession of the bit they own. I don't see much for the OP to dispute.
    Agree with this ... Nothing much OP can do as the legal owners have done nothing wrong and now adverse possession is not on the cards as they officially own it .. A lesson learned 
  • nimbo
    nimbo Posts: 3,701 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I don’t think that you’d be able to claim adverse possession at this point.  

    Adverse possession
     requires factual possession of the land, with the necessary intention to possess and without the owner's consent.



    it seems very likely they know about it and you don’t currently factually possess it. 

    Stashbuster - 2014 98/100 - 2015 175/200 - 2016 501 / 500 2017 - 200 / 500 2018 3 / 500
    :T:T
  • pinkshoes
    pinkshoes Posts: 20,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How much is this 6m in terms of garden length?

    6m of a 10m garden is a huge amount, but if we are talking 6m of a 30m garden, it isn't the end of the world. 

    Ultimately, you bought a house with the boundary marked on the deeds which did NOT include this piece of land. Just because the previous owners were using the land, doesn't mean you have the right to. 

    The previous owner has the RIGHT to apply for adverse possession, but this does not mean they would be granted it, because the current owner would then have the opportunity to refuse.

    The bottom line is that you have purchased a property that does NOT include this land, so it is not yours to claim. 
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • If you turned this the other way op, and the deeds stated that next doors shed was on your land, would you let them keep it?


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