Can anyone comment on this boundary issue

Silver_Shark

Jeepers_Creepers said:

Silver_Shark said:

I should have said "it was how it was sold to me" by the house builders. I had no reason to suspect the small piece of land  didn't belong to me. The piece of land was eventually transferred to me but at my expense by the new owners who raised the dispute. I certainly didn't deliberately acquire a small piece of a neighbour's land as in this case here. I'm sure you are correct JC in saying that this neighbour may not be able to prove they've had sole use of that strip of land for at least twelve years as I was able to do in my case.

Thanks for the clarification, SS.

That's very interesting case indeed. When did this happen - fairly recently?

It would seem to have been a bit more 'secure' than a 'simple' case of adverse possession, since you were sold that land as part of your overall plot. It must have made your heart sink when it was disputed at the time of sale!

Just how difficult was it to sort in the end? Can I ask what sort of timescales and costs were involved? How much did the neighbour challenge this, or did they capitulate fairly quickly? Did you have LP on your house insurance, and were they good as their job?

Thanks.

My case was about five years ago. Cost me about £1,500 all told, Half of that went to the neighbour's solicitor, it cost the neighbours nothing in monetary terms. It did take about eighteen months in the end, neighbour's solicitors dragging their heels.

Silver_Shark

grumbler said:

Guys, read the new law and stop discussing this nonsense with SS!
Even if  the neighbour can prove that he solely used it even for 50 years, he cannot get it transferred at any cost. Period. 

Nonsense eh? I've proved that that a small piece of land can be transferred to a neighbour.

I'll be interested to know what Tyler decides to do. He's asked for comments on his boundary issue.

Jeepers_Creepers

Silver_Shark said:

My case was about five years ago. Cost me about £1,500 all told, Half of that went to the neighbour's solicitor, it cost the neighbours nothing in monetary terms. It did take about eighteen months in the end, neighbour's solicitors dragging their heels.

You had to pay around £750 to you neighb, who lost the case?!

Lawdie.

Jeepers_Creepers

Anyhoo, Tyler's case is completely different.

I would - in reality - do exactly what I suggested to him. And the neighb would get what he deserved - a pile of dead plants and rubble.

Tyler_Durden_UK

My plan is to print off both my and the neighbors deeds (I'll pay for and download hers), give / show them to the neighbor and say something along the lines of what has been suggested re taking back my land. The issue to do with the land at the other side has been reported to and dealt with by the local council. Ironically it was that situation that highlighted the issue regarding the strip of land on my drive. 

Tyler_Durden_UK

For reference, my drive has the silver car on, the piece of land beyond the first house is the bit of land they first started to use by parking cars on it, and putting skips on it. They then tried to claim ownership and put a fence around it, this has all been blocked / rejected by the council. 

Jeepers_Creepers

Tyler_Durden_UK said:

My plan is to print off both my and the neighbors deeds (I'll pay for and download hers), give / show them to the neighbor and say something along the lines of what has been suggested re taking back my land. The issue to do with the land at the other side has been reported to and dealt with by the local council. Ironically it was that situation that highlighted the issue regarding the strip of land on my drive. 

Just as with the council, they haven't a snowball's chance of claiming your land. But you do have a good grasp now of their mentality.

Calm, matter-of-fact, approach. Delivered with a wry, matter-of-fact, smile (not a smirk. A 'this is just the way it actually is in the real world' type of expression.)

I wouldn't, tho', use the expression "...taking back my land...", as this was never not your land. I would term it as "I have my own plans for that strip now, so could you remove all your plants from my land within the week, please." Notice there's no '?' at the end? That's because this is a rhetorical Q, and that's how it should be delivered. AND, have this witnessed. Have it 100% clear & evidenced that you have 'instructed' them on X date, and given them until Y date to "remove everything that's theirs".

You do this, not because they have a chance of actually scuppering you on this, but because - if you don't dot the 'i's - then this greyness could give them a chance of messing you about. I mean, if, once the week is up and you have carefully place their plants back on their land, they call up the local and claim you have "ripped up and destroyed their plants", as soon as you can evidence that (a) it's your land and (b) you gave the neighb reasonable notice, the cop will turn their attention to your neighb instead. 

Are you considering putting some sort of fence or obvious border along there? I think - knowing the types of folks you are dealing with - I'd be inclined to. In which case, after the week is up, you dig up their plants - all recorded - and build your fence.

They obviously have a deluded sense of their own entitlement - a right bunch of chancers - but are they actually aggressive in any way? Do you have any 'concerns'? If so, can I make it clear - from my own experience - such folk only back down when they know the game is up. Ie - any aggression or threats, you call the 'local'. You do this as soon as you have cause to, and not go "Hmm, perhaps that was a one-of - I'll see if they do that again..." Because they will.

But that, of course, has to be your own judgement.

Good luck - and please keep us updated; there's lots of folks in your type of situation.

twopenny

Its my understanding from what i witnessed working in a solicitors, that if they are claiming this as their land even by possession, then they have to have registered it as such.
You can't just say"it's mine now"
So ask them to show you the registration within a couple of weeks or you will take it back and return their shrubs.
If they have the registration thats long enough to find it. Not long enough to get it regitered, not that they can if you don't agree.
Or you could give them the option to purchase at a price you request.
What they can't do is just take it.
Neither of these they'll want th do because it will take time, money and effort. You're in the driving seat here.

casper_gutman

twopenny said:

So ask them to show you the registration within a couple of weeks or you will take it back and return their shrubs.

As Jeepers suggested upthread, I'd avoid saying "you will take it back". This suggests you recognise that they currently have it/it's somehow theirs now. 

The reality is, you can't take it back and don't need to. It's right there, on your property as indicated on your (and presumably their) deeds. You don't want to take back the land, you just need them to remove the plants they've weirdly planted there.

I'd definitely install some kind of simple fence to mark the boundary for the future. A single low rail or even a chain suspended from posts would work. Make them good, solid posts, well concreted in - I wouldn't put it past this neighbour to try to 'accidentally' knock them over....

Installing a fence should draw a line under this whole business, and will make it clear that you really need their plants removed not just to make a point but so they don't get damaged by the work.

Jeepers_Creepers

Absolutely. Matter-of-fact attitude.

Don't get drawn in to arguments, because that it what they'll try and do - "You said nuffink" "You did nuffink" "You were happy to have my plants!"

Bring it back to the mantra - "I now want your plants removed from my land - I have my own plans for that area."

Being your land, you can do with it pretty much as you wish - including even allowing a neighb to put planting there as long as you didn't mind. You didn't much 'mind' - but now you do. End of.