Boundary Dispute

erplore

Hi,

In-between my neighbour's (39) and my property (41) is a 6m2 triangular piece of land. (Highlighted in Blue). It is not shown on either of our title plans or mentioned in the title deeds as indicated,

The current border has this piece of land within my property (41). My question is who legally owns?

user1977

Have you checked there isn't a separate registered title for it?

erplore

There is no separate title plan available for this piece of land. There is only 1 title plan and 1 title deed available on the Gov.UK website to download. 

bobster2

When land gets divided up for development sometimes little chunks get missed out. And these chunks may not be registered with the Land Registry.

user1977

erplore said:

There is no separate title plan available for this piece of land. There is only 1 title plan and 1 title deed available on the Gov.UK website to download. 

In which case you need to figure out who has the unregistered title for it. Tracing back the history of the surrounding land may help, but often these odd bits get left over following development and remain owned by builders or other previous owners of the larger estate.

erplore

There is a new owner of No.39 and they are intending to apply for adverse possession of this land. As it is within my boundary and he has only just moved in I would think that this is not applicable but need to know their rights in regards to this.

Tiglet2

That litte bit of land is unregistered.  There is also another little bit of unregistered land to the south boundary of 41.  How long have you/your neighbour lived there?  Is this land incorporated into one of the plots and, if so, which one?  Why is there a dispute?

With unregistered land, you/your neighbour could apply for adverse possession, providing you can prove that the boundary has not changed within the last 12 years with photographic/documentary evidence.  If you don't have photographic/documentary evidence, then a Statement of Truth signed by a solicitor might be enough to claim it.  The Land Registry would probably send an Ordinance Survey chap round to do an inspection and then LR will write to neighbouring properties to see if anyone objects - they will have approx 3 weeks to object.  If no objections are received, LR will likely grant the adverse possession, although it is likely to be on a different title number.

Section62

erplore said:

Hi,

In-between my neighbour's (39) and my property (41) is a 6m2 triangular piece of land. (Highlighted in Blue). It is not shown on either of our title plans or mentioned in the title deeds as indicated,

The current border has this piece of land within my property (41). My question is who legally owns?

39 and 41 will need to fight it out.

If it helps, this explains the odd boundaries, and it looks like the blue area used to be part of a 'drain' - so a ditch or a stream. Depending on the type of watercourse it could be owned by the local council or the Environment Agency, but otherwise it would be a question of 'riparian ownership'.

anselld

erplore said:

The current border has this piece of land within my property (41). 

What do you mean by this?  The fence/hedge dividing the properties when viewed on Google Maps would indicate the triangle is in practice within the boundary of 39.  As does your title plan.  

erplore

anselld said:

erplore said:

The current border has this piece of land within my property (41). 

What do you mean by this?  The fence/hedge dividing the properties when viewed on Google Maps would indicate the triangle is in practice within the boundary of 39.  As does your title plan.  

No.39 was sold at the beginning of the year. At the same time I was redoing the fence I had originally put up. When I compared the two title plans I noticed the discrepancy and so put the fence up using No.39's title plan boundary as I saw no reason why they had more right to own it than me. 

erplore

Section62 said:

erplore said:

Hi,

In-between my neighbour's (39) and my property (41) is a 6m2 triangular piece of land. (Highlighted in Blue). It is not shown on either of our title plans or mentioned in the title deeds as indicated,

The current border has this piece of land within my property (41). My question is who legally owns?

39 and 41 will need to fight it out.

If it helps, this explains the odd boundaries, and it looks like the blue area used to be part of a 'drain' - so a ditch or a stream. Depending on the type of watercourse it could be owned by the local council or the Environment Agency, but otherwise it would be a question of 'riparian ownership'.

That certainly throws the cat among the pigeons and also helps to understand a lot of other mysteries regarding the land. Thank for that.