Boundaries

jemz0001 · 13 March 2017 at 5:33PM

Hi

we purchased and moved in to a house 3 years ago and this week the landlord of the neighbouring property approached me to tell me that a previous owner of the house, at least 20 years ago had taken a strip of land that belonged to his property and had tarmaced and fenced it with permission of a previous tennant.

The landlord told me that he had approached the previous owner 11 years after this had taken place to make him aware that it was his land and that in the future if he were to sell his property or develop it he would be taking it back. He said he had sent a solicitors letter to the previous owners and they reaponded to acknowledge the letter.

My query is where do we stand. We purchased the property as it sits via a solicitor who carried out all the searches etc and nothing was flagged up. This part of the property is tarmaced and fenced and our gates etc will need to be moved and will prevent car access down the side of our house...

Where do we stand legally if he attempts to take this land back?

Thanks in advance...

loveka · 13 March 2017 at 5:54PM

You may be able to claim adverse possession of the land as it has been part of your property for so long. This might be complicated by the letter that was sent. However, given he didn't physically take the land back you may be ok. Have a Google on the law of adverse possession.

The garden law website and forum is very useful.

From bitter, bitter experience boundary disputes are expensive, stressful and time consuming. They are best settled out of court if possible.

G_M · 13 March 2017 at 6:13PM

What does the Title Plan to your property show? Where is the boundary? (£3 from here).

What does the Title Plan to your neighbour's property show? Where is the boundary? (£3 from here).

ProDave · 13 March 2017 at 7:02PM

I believe the law of adverse possession requires you (or the previous owners) to have had the land uncontested for 10 years. If it was 11 years before he sent a letter, and you can prove it was 11 years I think you are safe.

nimbo · 13 March 2017 at 7:42PM

Also Does he still have the letter where the previous owner acknowledged his letter?

I'm no help at all. But Good luck. And I hope it works out. &#55356;&#57096;

G_M · 13 March 2017 at 7:48PM

I'd be surprised if a claim for adverse possession would succeed. By all means try, but let us know what happens when the Land Registry write to your neighbour.

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land

Rely on the title plan. That's what you bought 3 years ago. That's what you own.

moneyistooshorttomention · 13 March 2017 at 7:51PM

Do you have contact details for the previous owner - in order to get in touch with them and state this has happened/get their verdict on whether they stole part of the garden (phrased somewhat differently to that) and ask what they propose to do about this?

I know I would want to start by finding out whether this neighbour is telling the truth - though, I have to admit, my suspicion is that they are. If they're not telling the truth = no problem. If they are telling the truth = then I guess it equals they want you to buy their land off them and I would be finding out whether I could get the previous owner to pay for it (as you've bought the house in all innocence of what that previous owner got up to).

Davesnave · 13 March 2017 at 8:11PM

G_M wrote: »

Rely on the title plan. That's what you bought 3 years ago. That's what you own.

I agree. Check the plans for both properties before doing anything else.

At some point in the purchase, before exchange, your solicitor should have asked you to check that the title plan matched the situation on the ground. You were the only party who could do that. If there was a discrepancy large enough to build a driveway, it's likely you would have noticed.

Cakeguts · 13 March 2017 at 8:15PM

You have to remember that the solicitor didn't visit the property. All they had was the plan. They have done all the checks and searches using what was on the plan. If the land belonging to next door was not on the plan the only person who would have known this would have been you because you would have seen both the house and the plan. So what was on the plan?

loveka · 13 March 2017 at 9:03PM

The law says it is what you see 'on the ground' that you buy. The plan is not reliable because of scale etc.

It is a total minefield though. Putting the law into practice is very hard. And prohibitively expensive in many cases.

Chanes · 13 March 2017 at 9:33PM

loveka wrote: »

The law says it is what you see 'on the ground' that you buy. The plan is not reliable because of scale etc.

It is a total minefield though. Putting the law into practice is very hard. And prohibitively expensive in many cases.

You have mentioned you have gone through a rough time about boundary issues and I have read other posts and seen news items about how insane boundary issues can get. I listen to other people's misery and thank them for giving me an inexpensive and painless lesson by avoiding a similar fate. I only hope the OP heeds your words and proceeds with them echoing in his mind if things get a bit tricky.

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