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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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we have lived in our current home for over 25 years We have

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we have lived in our current home for over 25 years We have a fence at the bottom of the backi garden which we erected about 20 years ago and we followed the line of what was then a council fence the adjacent pproperty. The neighbour of this property has decided to buy some additional land in order to build a garage on his property He informed us recently that our existing fence and newly extended shed was partly on the land he was buying. I have checked the land registry entry for our property and in fact he is correct. The boundary line is about two - three feet in his favour. We have had the fence now for a considerable amount of time and have maintained what we thought was our property. There is a large conifer tree on the piece of land in question. The neighbour has said that we can keep the land although some time ago he mention a figure of 500 pounds, as long as he can cut down the tree. Do we have any rights at all in this matter or do we have to comply?



Thanks for your question.


If the Land Registry title land is obviously his then the only way you could claim ownership of the land is by claiming adverse possession. Altough you have used the land for the requisite 10 years in order to be eligible to claim your neighbour would obviously be free to object to this and you would enter in to a dispute over which he could be fairly confident of winning I'm afraid unless you can show that it would be unconscionable for you not to be registered.


I think you are going to have to stomach whatever deal you can arrange with your neighbour. As the land is his he is free to cut down the tree providing there is no Tree Preservation Order registered against it at the Local Authority.


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