Adverse possession over terraced house boundary

sunrisesunset

Hello, our neighbours want to build an extension beyond the boundary line between our terraced houses. We wanted to object because it would mean removing our fence that runs down the garden, removing paving slabs, losing a shed and space in the process. Then we noticed on their submitted planning permission that our fence may be cutting into their land. The fence line was there when we bought the house in the 1990s. These neighbours moved in 10 years ago and never said the fence was on their land.

The extra problem is that we want to sell in two years. We're worried that complaining will mean our house has a Dispute against it when it sells. But we're also worried that because the extension will clearly cross the boundary where the houses meet, buyers will start asking questions and be spooked by their fence being on someone else's land.

We've been here since 1992. The fence was replaced but the new fence was put in the same spot as before. No one told us until now that the fence didn't mark the actual boundary. The neighbours have no access to our garden. We've maintained the garden by ourselves the whole time. Would an adverse possession of the land be successful? Could we prevent the extension at the planning permission stage? Thanks in advance.

TheJP

I'm confused, you say the neighbours want to built over your boundary (not allowed) then you say that your fence is over the boundary on their land, you then want to steal back their land to prevent them building on their land? Is that correct?

theoretica

My understanding is that you don't actually need to own land to apply for planning permission.  The system only considers 'do we want that building there' and not whether the applicant can build it there for other reasons.

Seems the first thing to do is check on your deeds, and all the others in the row - do the other garden boundaries match the house walls?  How old are the properties and could a registration error have been made. 

Do you have legal protection on your home insurance?

Do you see your neighbours to ask them why they have made this application - do they believe they own that land or has an architect just drawn this up and they never noticed or thought about it?

sunrisesunset

We're not sure if our fence crosses over their boundary or not. We're not "stealing" their land. They moved in and never said we might be on their land. Are you saying they could legally rip up our plants, grass, bricks, paving slabs, fence, leave us with less space and devalue our property because someone might have put up a fence in the wrong place several decades ago?

ProDave

A sketch or picture would make sense to the readers where the boundary is now and where the neighbour thinks it should be.  What do your deeds say?  What do his deeds say?

Without that information people can only guess.

housebuyer143

You can't claim adverse possession on registered land simply by fencing it off. If it's registered the land registry would write to the owner to give them an opportunity to dispute you taking it, at which point they would. 

lookstraightahead

sunrisesunset said:

We're not sure if our fence crosses over their boundary or not. We're not "stealing" their land. They moved in and never said we might be on their land. Are you saying they could legally rip up our plants, grass, bricks, paving slabs, fence, leave us with less space and devalue our property because someone might have put up a fence in the wrong place several decades ago?

How much land is it? Do you have your plans from the land registry? It's only a few £ to download.

theoretica

If - and you have yet to find supporting evidence - the deed boundaries are inside what you consider your land this is the bit you would need to focus on 'the squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application.'

But first call is probably trying to find out if the map that your neighbours/the architect went off is definitely correct.

mobilejo

housebuyer143 said:

You can't claim adverse possession on registered land simply by fencing it off. If it's registered the land registry would write to the owner to give them an opportunity to dispute you taking it, at which point they would. 

That is an oversimplification.

Adverse possession of registered land is more difficult than it was pre-2003, but is still possible.

Yes, if registration via adverse possession is applied for the Land Registry will write to the registered proprietor and allow them the opportunity to object, and yes, if the application is opposed, it will often be be rejected. 

However there are a few caveats to that. Where the proprietor objects, registration will usually be rejected unless either:

(1) it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the squatter and the squatter ought in the circumstances to be registered as proprietor

(2) the squatter is for some other reason entitled to be registered as proprietor

(3) the squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application.

Scenario 3 is designed precisely for situations such as the OP's, and this particular type of application often succeeds (provided the other criteria for adverse possession have been met).

TheJP

sunrisesunset said:

We're not sure if our fence crosses over their boundary or not. We're not "stealing" their land. They moved in and never said we might be on their land. Are you saying they could legally rip up our plants, grass, bricks, paving slabs, fence, leave us with less space and devalue our property because someone might have put up a fence in the wrong place several decades ago?

They don't have to tell you anything, if your fence is in the wrong place then that I'm afraid is your problem. Its likely they have the updated deeds and have deem you have crossed into their boundary. Adverse possession has no right here.

sunrisesunset

I bought the £3 Title Plan from the land registry. We have a mortgage so the bank has the deeds.

I drew a little picture. It's not to scale and looks bad, but it's the best I could do.
The black lines show what the garden looks like on the Title Plan.
The blue rectangle shows what their extension would be like on our side.
The red line shows how they think our fence currently lines up.
They have extra space from the other neighbour's garden, so their garden is still larger than ours.


Despite what someone said, we don't want to "steal" from them. We just don't want our garden to be ripped up and an extension right next to our window.