Boundry dispute

Worried_of_wakefield

Hi all, pretty much read the previous threads on this subject but wondered if any progressed through the courts or taken legal advice

After 14 years of living on our property our neighbour ( increasingly acting stranger as the years pass) informed us he wants us to clear a 600mm space on what we assumed was our garden because his deeds suggest it sits within his boundry. The deeds may well state this but in the same discussion he admitted giving a gentlemans agreement with the original owner ( some 20yrs ago) that he could build a wall/garage/garden etc where it presently is situated. We purchased the property un-aware of any descepency and maintained and cared for the area as if it was our own!

Whilst in-anvisably suggesting he was acting like a complete !!!!!!, solicitors action was muted.

We considered applying for 'adverse possesion' ( this correct?) as we dont wish to complicate any future house sale but equally dont wish to exacerbate the situation.

Any informed advice would be helpful

[Deleted User]

Have you checked the deeds yourself?

Does your home insurance have legal cover? If so, call them.

Slithery

Worried_of_wakefield said:

We purchased the property un-aware of any descepency and maintained and cared for the area as if it was our own!

Remember that your solicitor when you purchased never saw the property. It was your responsibility to confirm to them that the title plan actually matched what you thought you were buying.

turnitround

You need to check both sets of deeds. What's happened that he suddenly wants the land back? If it is his land according to the deeds then surely its only right to let him have it, if the position was reversed presumably you would want it back.

Were the deeds not checked when you bought the property?

lookstraightahead

Did you check your deeds ?

not the solicitors responsibility. How works they know what your garden looks like?

0.6 metres wide - how long? Or is that it? 

kentboy101

Regardless of what was a gentlemans agreement, what you have purchase dis what is on your deeds. If its not on your deeds you dont own it. Also check your neighbors deeds as well

wend33

Have a read about 'general boundaries' 
https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3

Soot2006

Read up on Adverse Possession as it's not what you think it is. It requires uncontested possession, where your neighbour would clearly contest it.

user1977

Soot2006 said:

Read up on Adverse Possession as it's not what you think it is. It requires uncontested possession, where your neighbour would clearly contest it.

Also I think requires that it's not possession with consent, which this (allegedly) is.

Worried_of_wakefield

Thanks all for your responses and views, having sought  legal opinion I'm informed I would have a 70/30 chance of winning any court action. Advice is  to allow my neighbour to initiate proceedings and simply turn up with research / evidence supporting my argument, this would pretty much remove any costs to me. Now that I'm aware there is an issue it's important that a resolution (in law) either way is given as I dont want problems in any future house sale. A re-measure indicates a gap of just less than 15"
My immediate problem is if my neighbour recieves similar solicitors advice he may back out which will leave the issue hanging or cost me to attempt to officially claim the strip of land.

turnitround

Has the person who gave you the legal opinion seen a copy of the deeds?