worry from now about the plan. I can probably tell you enough without knowing
the exact layout
is simply overgrown, there is very little you can do about it, unless the
growth encroaches on your garden in which case you have a claim in common-law
nuisance against the owner, if this person is the owner.
is simply overgrown and looks unsightly and because you do not like the
brambles and the overgrowth, the local authority will not normally do something
if it is simply growth and not full of junk. If it is full of junk, then they
will order it cleaned up.
maintain it and treat it as your own for more than 10 years, and you have proof
of doing that (take photographs and date them when you start maintaining it,
and fence it etc), if the land is registered at the land registry, you can
apply to have it registered as yours under possessory title which is what the
neighbour claims to have done. I will come back to them, neighbour in a moment.
land is not registered at the land registry, the period is 12 years.
think it highly unlikely that the owner on the other side owns such a narrow
strip of land on the far side of the brook. The presumption would be at her
land runs to the centre of the brook unless there is anything in the deeds to
your property land once belonged to her land, it seems inconceivable that the boundary
was put slightly to one side of the brook. I think it more likely that the wall
was put half a metre away from the brook to stop people falling into it, and to
separate your house from it.
cannot know, but if your property is particularly old, I think that is what
probably happened back in the mists of time.
owner opposite obviously is not certain of her facts and you can relatively
easily ascertain if she owns it under any kind of title or not, without asking
take a copy of your land Registry title plan and mark the area on the title
plan in red edging and send it to the land registry with a form SIM from the
so that they can identify the land exactly, they will write back to you
and tell you whether it is registered or not and if it is registered, the title
The search used to be free, and then there was a small fee of I think
£10 and as far as I am aware, in October 2012, the fee was removed again. But
the land registry will advise you. I cannot see it on the current fee order http://www.landregistry.gov.uk/__data/assets/pdf_file/0006/18627/registration-services-fees-october-2012.pdf
but it is not listed as being exempt either. Typical!
Once you have the title number, you can go here https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
and get the deeds of that land for just 3 pounds. It will say who owns
it and under what title, possessory or absolute. If it is not registered, then
this lady clearly is a bit of a storyteller.
If you start to maintain the land with a view to claiming adverse
possession, she will no doubt object on the basis that she wants the land also and
you are then back to square one.
You are then faced with trying to find out who owns it, or simply
maintaining it yourself, but never gaining possession.
I am sorry that it is such a long winded answer, but at least you have
all the facts.
answer any specific points arising?