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Can anyone comment on this boundary issue

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Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
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    edited 19 July 2021 at 8:18AM
    My point was that one can apply, not acquire - huge difference in general and in this case in particular, when the current owner undoubtedly will oppose.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    And my point shows that the neighbour hasn't reached a point where they could realistically apply.
  • Silver_Shark
    Silver_Shark Posts: 171 Forumite
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    My point is not to go down the adverse possession route unless you want to spend a fortune in legal fees.
  • grumbler
    grumbler Posts: 58,629 Forumite
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    Well, in the past many people did this without spending a fortune. Now you can spend a fortune and sill will get nothing if the other party opposes. 
  • Davesnave said:
    To acquire land by adverse possession it needs to have been used exclusively for a set period, and having some grass and a few bushes wouldn't provide that exclusivity.
    This sort of arrangement existed on a posh estate where we once rented for a while. In practice, it meant I had to mow a strip of grass belonging to my neighbour's lawn and vice-versa on the other side with another neighbour, but we were all posh, so obviously shenanigans like trying to claim adverse possession didn't apply.
    I wouldn't say I live on a posh estate, but a lot of the front gardens seem to have a strip of grass than extends into the drive next door.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    edited 19 July 2021 at 2:25PM
    Davesnave said:
    To acquire land by adverse possession it needs to have been used exclusively for a set period, and having some grass and a few bushes wouldn't provide that exclusivity.
    This sort of arrangement existed on a posh estate where we once rented for a while. In practice, it meant I had to mow a strip of grass belonging to my neighbour's lawn and vice-versa on the other side with another neighbour, but we were all posh, so obviously shenanigans like trying to claim adverse possession didn't apply.
    I wouldn't say I live on a posh estate, but a lot of the front gardens seem to have a strip of grass than extends into the drive next door.
    My comment was a little tongue in cheek. I meant it wasn't the sort of road where someone would leave an offset bit of lawn uncut and say,"That bit's for you to do." because they hadn't looked at their title plan.
  • Jeepers_Creepers
    Jeepers_Creepers Posts: 4,339 Forumite
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    edited 19 July 2021 at 1:27PM
    Hi T_D.
    What's the situation now? Is neighb C actually trying to say/claim it's theirs? And what are they like as people?! And what's the other issue that has suddenly brought this up, can we ask?

    And what do you want done about it?
    If you have LP on your house insurance, it would be worth calling them up for advice (only) in the first instance, and see what they suggest. They'd also be very likely to take it on if needed, or to counter any claim made by Neigh C.
    Can I suggest, start getting into the 'mantra' in your head that you have always assumed it's actually yours as it follows the obvious boundary line of the properties, even tho' it's not something that exercised you until now. Yes, of course you have even 'used' it regularly - your car door swings over it when you park there*, you've pulled weeds out of it, helped keep it neat*, always considered it - whenever you actually bothered to think about it -  as obviously yours, but were not concerned about this in a protective sense - you were happy for it to be this nice buffer between the properties, and were happy for the neighbs to also keep it tidy (if they have) as it does benefit you both. It's just not something that you think about on a daily basis, but, if someone had actually pulled you up on it and asked "Who does that strip belong to?", you'd always have answered "Pretty certainly that's mine - I can check my deeds if you like..."

    *Important detail - neighb C has not, ever, had 'exclusive' use or access to it. You may even have been bemused by his attention to it, even the concrete border, but is it his? No, of course not!
    Mantra.


  • twopenny
    twopenny Posts: 7,924 Forumite
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    "it meant I had to mow a strip of grass belonging to my neighbour's lawn" same here.
    The official plan means that my neighbour and I have a strip that should be divided down the middle but the grass bit I just mow.
    I painted down the middle of the fence post and planted a dwarf hedge (measuring carefully) down my side of the shared bit.
    Their bit of lawn is effectively part of my front lawn.
    I wonder by whom and why those shrubs were planted? May have been one of the occupiers of the OP's house.

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  • Hi T_D.
    What's the situation now? Is neighb C actually trying to say/claim it's theirs? And what are they like as people?! And what's the other issue that has suddenly brought this up, can we ask?

    And what do you want done about it?
    If you have LP on your house insurance, it would be worth calling them up for advice (only) in the first instance, and see what they suggest. They'd also be very likely to take it on if needed, or to counter any claim made by Neigh C.
    Can I suggest, start getting into the 'mantra' in your head that you have always assumed it's actually yours as it follows the obvious boundary line of the properties, even tho' it's not something that exercised you until now. Yes, of course you have even 'used' it regularly - your car door swings over it when you park there*, you've pulled weeds out of it, helped keep it neat*, always considered it - whenever you actually bothered to think about it -  as obviously yours, but were not concerned about this in a protective sense - you were happy for it to be this nice buffer between the properties, and were happy for the neighbs to also keep it tidy (if they have) as it does benefit you both. It's just not something that you think about on a daily basis, but, if someone had actually pulled you up on it and asked "Who does that strip belong to?", you'd always have answered "Pretty certainly that's mine - I can check my deeds if you like..."

    *Important detail - neighb C has not, ever, had 'exclusive' use or access to it. You may even have been bemused by his attention to it, even the concrete border, but is it his? No, of course not!
    Mantra.


    They have assumed its there's by putting plants on it, when they blocked paved their drive few years back they put concrete edging pieces around it, the issue I mentioned is to do with a piece of land of the other side that they claimed to have maintained for 20 years (untrue) they started parking vehicles and putting skips on the land and even fenced it in without getting planning permission, their attitude managed to p off all the neighbors and also the local council. When I spoke to her recently she claimed it was hers and always was
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