UK Property Law
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Yes hello certainly and thanks for getting back to me...Was wandering through other fascinating question and answers. In a terrace of houses were mine is in the middle of 5 its come to my attention...through neighbouring "alterations" that my gardens front and back are wider at the expense of the neighbours either side. This is reflected in the land reg imagery (the official plans). I have made no changes and a surveyor agrees with me about one side that she has encroached as the boundary in his opinion follows a low wall which has widened my garden due to a drain and downpipe being at the mid point.
Would you not agree with me (and disagree with her solic) that it is she who should be responsible for making an application to change anything?
Her solic is taking the tack that I have been adversely possessing her property but that she could object as even after 10 years she would have 2 years in which to respond to my application. I don't consider that I have an application to make. I consider that she has intervened in the status quo and is effectively trying to adversely possess my land. Do you follow me?
If there is a dispute with regards XXXXX XXXXX boundary line then you can either agree between you where the boundary line lies or failing which you would need to resolve the matter either using the RICS boundary resolution service or through the land Registry adjudicator or alternatively the County Court. The latter two options can cost several thousand pounds upwards so should not be entered into lightly by either of you. The RICS service is a little cheaper but is still a significant cost.
As with all things it is for the party that wishes to change things to make the appropriate application. As I understand it here it is the neighbour that wishes to change the boundary position so it would be for her to make such applications as she wishes in this respect. Ideally if you are able to agree this can make the process cheaper and swifter but it remains for her to apply to correct any perceived issues which application can then either be opposed by you or acceded to depending on your position
Boundary disputes can be hugely destructive in terms of neighbourly relations and can be very expensive
With regards XXXXX XXXXX possession if the land is registered since the introduction of the Land Registration Act, it has been very difficult to adversely possess registered land. If you were to make such an application all the neighbour need do is object to your application and your application will automatically fail unless you can show one of the following applies:
The first condition is that it would be unconscionable because of an estoppel for the neighbour as owner to seek to dispossess you of the land and the circumstances are such that you ought to be registered as the proprietor. For example that the neighbour advised you you could have the land
The second condition is that you are for some reason entitled to be registered as the proprietor - for example you inherited the property - this is unlikely to apply
The third condition is that you have been in adverse possession of land adjacent to the neighbour for at least 10 years under the mistaken but reasonable belief that you were 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. Based on what you say you may have evidence that the neighbour was fully aware that you were retataining part of the garden and on this basis you may have a claim for adverse possession though you would need to consider carefully whether it is worthwhile make an application.
Does the above answer all your questions or is there anything I can clarify or help you with any further?
Thank you thats brilliant and absolutely what I thought . Why on earth would I want to make an application? I kind of guessed their sol was trying to lead me into an action where his client might have some prospect of success and you have completely revealed that. Thank you so much .......you're a star and welcome back by the way! I gather from Denning you've been galavanting. Hope it was absolutely brilliantly exciting and you have had some wonderful cultural experiences and encounters.
Just reading your post...
Thank you - I am afraid nothing so grand.
Do let me know if I can assist any further on this if and when the situation develops.
by the way josh i'm supposed to be on the sub prog but the button has disappeared from my account. I feel in view of the quality of your advice, as good as counsels, that you should be able to claim the max from the pot. I contacted cust serv BEFORE posting my questions so spent my sub fee split between questions if you follow me. Anyway they are really good on this site so am sure it won't be a prob but I would like further dialogue with you via a new question so if you were to nag them as well about giving me my button back this could be progressed asap xxxxxxxxxxxxxxx
Thanks for your comments - greatly appreciated. I confess I am not sure what the buttonis you are referring to - we see different screen to you I think. I will pass this to customer services though and ask them to contact you to resolve. Many thanks again.
My garden has always been wider at the expense of both my neighbours. On one side this is conceded. The other side was only partly fenced, for about half its length, yet the land registry shows my garden as the wider for its full length.
Is there a default whereby any unfenced area could be claimed to the mid point? Do you follow the question....sorry it sounds unclear!
Hello, I'm wondering whether if land is only partly fenced in favour of 'b' whether the unfenced part would have to be fenced in favour of 'a' if the midpoint was on 'b''s land? Or whether a section for access being open previously would therefore not revert to the mid point....especially if there is a height difference?