Garden Boundary - Adverse Possession Question

elsien

Logical thinking clearly not the neighbour’s strong point. If he was genuinely claiming the land, surely he’d have put it his side of the new fence? 

bouicca21

I’d not inflame the neighbour by messing with the concrete mounds. I’d put bushes in the strip of land and let things simmer along for at least a few years.  The longer his new fence is in position, the weaker his claim.  Last thing OP needs is for him to realise that and attempt to put his fence back to the original line. 

martindow

I agree the neighbour appears to have moved his fence to the correct boundary line which is a good thing.  I can understand him not being keen on the OP chiselling away at the concrete supporting the posts.  Maybe this is what is behind the talk of adverse possession?

I would leave the concrete alone and plant something in the foot of garden you have regained.  You don't want to create a situation where you will have to declare a dispute with the neighbour when selling.

ciderboy2009

OP - Can we go back a few steps a mo please.

How have the deeds proven that this one foot strip is yours? Are there specific measurements on them along with a specified spot to start measuring from? 

PennineLady

ciderboy2009 said:

OP - Can we go back a few steps a mo please.

How have the deeds proven that this one foot strip is yours? Are there specific measurements on them along with a specified spot to start measuring from? 

Yes Ciderboy, there are specific/detailed measurements. Back in the early 60s there are 2 outside toilets also shown which were demolished and then a flimsy wire fence appears to have been put in place where they thought it should go... long before my time.

PennineLady

Bendy_House said:

Do you have Leg Prot on your house insurance?

A good point Bendy House but unfortunately I don't

GaleSF63

As the fence is now in the correct position the issue is the concrete mounds. It at least suggests a sturdy fence. I would take down your existing fence and tidy up the "gap" with one of the things that has been suggested -gravel, bushes, and/or add a  trailing ground cover like Vinca (Periwinkle). He can't really stop you, having put up a barrier!

Davesnave

I agree with disguising the concrete lumps with evergreen shrubs or similar. If you'll know when no one is at home next door, a large SDS drill (under £100) from some where like Screwfix will break up concrete like that. No need for something as obvious as a digger.

I have a similar problem, but on a larger scale. The farmer next door insists I own about 150 metres of hedge that separates two fields, even though I can't access his side to maintain it. He also insists he owns 50m he can't access from my side. He has produced an old title plan which doesn't show what he says it does, because he mis-interprets it. I'm convinced both hedges are shared with the boundary somewhere in the middle. I maintain my side as if they are and we live in relative harmony, mainly because he's now arguing with other neighbours over the same thing!

I wouldn't mention any of this if I was selling. It's not my fault there's a slightly thick guy next door and I'd not be allowed to say that anyway. Despite threats to me and to others that he will 'go legal' it won't happen. He probably suspects he's wrong, but he's one of those who will never admit to a mistake. They exist.

ciderboy2009

PennineLady said:

ciderboy2009 said:

OP - Can we go back a few steps a mo please.

How have the deeds proven that this one foot strip is yours? Are there specific measurements on them along with a specified spot to start measuring from? 

Yes Ciderboy, there are specific/detailed measurements. Back in the early 60s there are 2 outside toilets also shown which were demolished and then a flimsy wire fence appears to have been put in place where they thought it should go... long before my time.

Ok, in that case then your first step should be to get a surveyor in to confirm your thoughts and mark out where the boundary actually should be.

You've then got to hope that your neighbour agrees with your surveyor - if not then you've got a dispute on your hands (which will have to be declared at the time you come to sale).

I should warn you that boundary disputes are extremely expensive to resolve and the only winners will be the experts you have to pay.  Is a one foot strip which you only recently realised that you might own really worth it?

Personally I would just put up a fence my side of the eyesore and hide it that way.

Section62

PennineLady said:

Bendy_House said:

Do you have Leg Prot on your house insurance?

A good point Bendy House but unfortunately I don't

I wouldn't worry about that.  You are getting ready to market your property, so contemplating anything even remotely 'legal' at this time would be unwise.

It is unlikely your eventual buyers will pay substantially more or less for the property with/without this extra foot of land.  What might cause you problems is being in a (legal) dispute with your neighbour.

As things stand the fence is now sitting on the legal boundary, what the buyers see will accord with the title plan. (although a foot difference cannot be detected on a plan without dimensions anyway)

All you really need to concern yourself with is making the garden look neat and tidy so it doesn't put people off, or invite difficult questions too early in the conveyancing process.

Once the buyer has a solicitor on board they will be quickly advised of the veracity of the neighbour's 'adverse possession' theory.