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The Land Registry plans show my boundary is very close to a

Customer Question
corner of my property,...
The Land Registry plans show my boundary is very close to a corner of my property, I have had a gap between my house of about 20 inches for 43 years, my neighbours tells me the gap has been there for at least 50 years. A new owner of the adjacent lane is trying to build at the bottom of the lane and has been told that the lane is too narrow. he is trying to recover some extra space and advises that my fence and hedge belong to him because they are on his land and there are no Grandfather rights because that would take away some of the lane as his right of way.
Submitted: 2 years ago.Category: UK Property Law
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Answered in 19 minutes by:
5/6/2015
Solicitor: Joshua, Lawyer replied 2 years ago
Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience May I clarify that this relates to England and Wales jurisdiction please - the term grandfather rights refers to USA jurisdication which is why I ask?
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Customer reply replied 2 years ago
Yes UK - perhaps I have used the wrong termThis is a one off query and I do not want monthly payments taken. Please confirm.
Solicitor: Joshua, Lawyer replied 2 years ago
Thanks. Reference your questino about payments, from the limited information I can see you appear to have agreed to become a subscriber. However that is easily cancelled by customer services which I can request once we are finished if that is acceptable? Could you explain what the gap is that you refer to please? You say you have a gap between your house - what oter structure is the gap between?Do you consider that the boundaries are in the correct place by reference to your land registry plan? Are there any measurements on the plan?
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Customer reply replied 2 years ago
Hi
It is difficult to say if it is correct. The distance from my house to the fence is about 20". This area has been used constantly to access an outside tap, clean the window and to clear drains. (So just a fence )
Thank you for agreeing to cancel the supscription.
Customer reply replied 2 years ago
Sorry - there are no measurements on the plan and the map is on a very small scale
Solicitor: Joshua, Lawyer replied 2 years ago
Thank you. Finally is the neighbour seeking to move the fence or hedge? Do you know who erected/planted the same?
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Customer reply replied 2 years ago
I recently replaced the old fence which has been in situ since before I moved in 43 years ago. The new owner of the lane tells me that the old fence and hedge are his property and I should not have replaced them. The fence was probably 50 years old - it has been maintained by me but was deteriorating and very fragile.
Solicitor: Joshua, Lawyer replied 2 years ago
Thanks. In terms of fences English law is hopelessly deficient when it comes to responsibility and ownership of boundaries. There is no statutory law and the only way in which obligations are enforced are by way of covenants which easily lapse. The normal position with most second-hand properties, as opposed to new build properties is that unless either party can prove who erected a wall or fence, neither party can lay claim to it as their own property unless it is clear that it is built on their land - sometimes this is clear as is the case here but often it is not. In this case you will own the fence itself because you paid for it. By contrast the neighbour will likely have no evidence to show that a previous owner of his property paid for the old fence and will therefore have no claim to it and therefore will have no legal complaint as to your removing it. If the neighbour contends that the fence is located on his land, he still does not own the fence but he may dispute the boundary location. A hedge will belong to the party on whose land it grows from. If you contend that this is your land then the hedge belongs to you. If the neighbour contests this then you again hav the potential for a boundary dispute. Since as a I understand it the boundary structures are presently in the correct position from your point of view all you need do is assert that the offence belongs to you because you paid for it and the neighbour has no evidence that he owned the previous fence and similarly, the hedge is planted on your land and belongs to you. You can further go on to state that any attempt by neighbour to interfere with your hedge or fence without a court order will be considered by you as criminal damage and in order to prosecute and or claim damages for any damage caused in the county court. This place is the obligation of a neighbour to take action in respect of the boundary dispute should he wish to pursue one.The boundary dispute is resolved either through the land registry or the County court by the disputing party employing a surveyor to draw a precise plan including measurement software in the surveyor's opinion the correct boundary lies and if this is different to the status quo on the ground, that person can then apply to the land registry to update the title plan with those measurements. The land registry will serve notice upon you as the other affected owner and ask if you agree or object to the proposals. If you object, the matter is referred to the land registry adjudicator for a decision which in turn can be appealed. Once either agreement is reached or a final decision is made, irrespective plans are updated with the new measurements which and binding going forward. If this means that the fence is then located on the neighbours ground, he can require it to be removed though the fence panels themselves will still belong to you. With regards ***** ***** hedge, if the results of the above processes that the hedge is planted on the neighbours land, he can legally remove the same. However, in respect of any such application, if the existing status quo has been in place for as long as you suggest, in the absence of persuasive evidence to the contrary in respect of the land Registry title plan, any application on the part of the neighbour would be an uphill struggle particularly, because if you can show that you have occupied that land for more than 10 years in the honest belief that that was the correct location of the boundary, even if the neighbours application for a boundary alteration are successful, it would be susceptible to a claim for adverse possession by you of the land so he would appear to be in a particularly weak position. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Solicitor: Joshua, Lawyer replied 2 years ago
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
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Solicitor: Joshua, Lawyer replied 2 years ago
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