Has anyone had a boundary dispute and if so how did it go?
- Thread starter Zaphan58
- Start date
I'll get some pictures in daylight.
If it's as clear cut as to what has been proposed in the OP and the deeds clearly show it plus with google earth evidence, then it looks an easily winnable case. Not to say it would be easy or stress free or cheap. Unfortunately these things generally aren't I would imagine.
If it's a neighbour that is only at the bottom of your garden and you don't have to interact with him much day to day (i.e. next door would be much worse), that's obviously good and I would not hesitate to sort this out. We pay enough for houses and land these days, it doesn't matter if it's a minor amount. If it was that minor, why did it get done? It's yours and yours only and should be reclaimed. The why's and when don't matter now, even if that neighbour moved in after it was done and it genuinely has been like that for ever to their knowledge. They are the owner (presumably?) of said house and are responsible.
Couple of ways to go about it as said, and it will depend on whether you want to maintain the relationship or not. On the basis that even polite letters are likely to break the relationship anyway and judging from the initial reaction of the neighbour, rather than get caught up in a legal battle delaying it getting fixed, you may as well go hard and aggressive from the off and build a wall/fence there on YOUR land, and then if they do kick off* then at least you have reclaimed it whilst the battle ensues.
*They may actually be all talk and won't do jack, knowing they are pushing their luck.
If it's a neighbour that is only at the bottom of your garden and you don't have to interact with him much day to day (i.e. next door would be much worse), that's obviously good and I would not hesitate to sort this out. We pay enough for houses and land these days, it doesn't matter if it's a minor amount. If it was that minor, why did it get done? It's yours and yours only and should be reclaimed. The why's and when don't matter now, even if that neighbour moved in after it was done and it genuinely has been like that for ever to their knowledge. They are the owner (presumably?) of said house and are responsible.
Couple of ways to go about it as said, and it will depend on whether you want to maintain the relationship or not. On the basis that even polite letters are likely to break the relationship anyway and judging from the initial reaction of the neighbour, rather than get caught up in a legal battle delaying it getting fixed, you may as well go hard and aggressive from the off and build a wall/fence there on YOUR land, and then if they do kick off* then at least you have reclaimed it whilst the battle ensues.
*They may actually be all talk and won't do jack, knowing they are pushing their luck.
If it's over 12 years you're too late.
I believe the law changed a while ago and the default 12 year period to automatic ownership does not apply. As far as I recall the period is now ten years, but after this ten year period the squatter has to lodge a claim for possession to the land registry, who will in turn them notify the registered owner (i.e. The OP), who will then have opportunity to object and hence claim back the land, so if matey boy hasn't put a claim in for official possession there shouldn't be anything legally stopping the OP claiming back what rightly belongs to him.
This is wrong. The 12 year rule you need to go back to 1991...so clearly not the case. The new rules make it almost impossible to adversely claim land other than via three strict tests (which are all but impossible to satisfy). And, of course, the trespasser needs to prove their occupation and that they've treated it as if it was their own.
This is a specialist area that even solicitors are crap at, so don't make sweeping statements about it. All the information on adverse possession is public information in Practice Guides 4 & 5. https://www.gov.uk/topic/land-registration/practice-guides - educate.
If you get into a formal dispute with your neighbour then it has to be declared by both of you when selling, which is far worse.
https://www.kings-group.net/articles/neighbourly-disputes-what-do-sellers-need-to-tell-buyers
Had the same similar problem with a neighbour, spoke to a solicitor and the advice was if I moved forward with action it would put a "Blight" on the property leading to a reduced sale price which could be as much as 25-35% plus very difficult to sell.
That’s completely nuts. So basically anyone of us can potentially remove our neighbours boundary, extend it and then goad the neighbour by saying good luck if you try to reclaim it back it’s gonna cost you a bucket load of money.
How completely backwards and just completely favours those who have more money. I mean the legal system has never truly been fair, by design it favours those who can afford the better lawyer. Nuts.
How completely backwards and just completely favours those who have more money. I mean the legal system has never truly been fair, by design it favours those who can afford the better lawyer. Nuts.
Shame the fence wasn’t made of metal otherwise you could deconstruct it during the middle of the night and blame it on travellers. Oh seeing has we have no fence I’ll cover the cost of construction which just so happens to follow the original l, correct boundary. I wonder why so many feel the need to take the “law” into their own hands.
Soldato
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It's annoying how territorial some people become. We bought our house last year, and a prerequisite was a double driveway because we both have a car. The driveway is listed as our property on the house paperwork.
A neighbour advised me the the other 2 spaces next to our garden are "guest spaces" and we each own one, and if another neighbour parks there we've the right to ask them to move. This is utter rubbish, there's no mention of a guest space on our paperwork and, looking at the building line along which the cul de sac is built, the spaces were clearly put there to accommodate the two opposite houses which have no driveway.
When we have a visitor, rather when visitors were permitted, I'd move one of our cars round the corner into a communal parking area so our visitor can just park at the house. Nearly every time I do this, the neighbour comes out and urges me to tell the other neighbour to move. When I voiced my own thoughts about ownership, the next day she got a tin of paint out and painted her house number on two of the communal spaces!
They're friendly people but there's a very small, close knit group of neighbours that form a clique which I don't want to be part of, neither does my OH.
A neighbour advised me the the other 2 spaces next to our garden are "guest spaces" and we each own one, and if another neighbour parks there we've the right to ask them to move. This is utter rubbish, there's no mention of a guest space on our paperwork and, looking at the building line along which the cul de sac is built, the spaces were clearly put there to accommodate the two opposite houses which have no driveway.
When we have a visitor, rather when visitors were permitted, I'd move one of our cars round the corner into a communal parking area so our visitor can just park at the house. Nearly every time I do this, the neighbour comes out and urges me to tell the other neighbour to move. When I voiced my own thoughts about ownership, the next day she got a tin of paint out and painted her house number on two of the communal spaces!
They're friendly people but there's a very small, close knit group of neighbours that form a clique which I don't want to be part of, neither does my OH.
I would *much* rather have a record of a resolved boundary dispute on record, than an obvious boundary discrepancy that has yet to be resolved.
Last property I was looking at buying had a dispute on record. It was years ago, it was resolved by the council. Absolutely not a problem.
Yes, a resolved issue isn't an issue as it's...resolved. The problem with commencing one is it could be years to a resolution...this is potential court in the UK, it's 12 months+ to get a hearing date which is more than likely to get adjourned multiple times whilst judges give parties the benefit of the doubt. I've been there, done that and even the most crystal clear case is never crystal clear when a judge gets involved...
It's not going to get resolved though, unless you start to resolve it.
Depends what OPs status is. If they're not planning to sell the house, and don't care that their neighbour has stolen their land.....then ignore it. Otherwise, it's going to sit there are a red flag to any potential buyers.
Could always let it get overgrown again and hope future buyers don't bother to check the boundary I suppose!
Well, currently it's not an issue. You'd be very special indeed to list it on the CPSEs if you were selling it as a "potential" issue...
Unlikely a lawyer is going to pick it up on paper.
Call me pedantic, but when I'm buying a house, I make damn sure the plot on the deeds matches the current boundaries!
Most people don't. And the plot on the deeds is subject to general boundaries rules i.e. they are only accurate to +/- 1m as per Land Registry rules...
Man of Honour
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How much land are we talking about ?