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Help-boundary issue

23 replies

2018anewstart · 13/07/2019 05:15

Any advice on this gratefully appreciated. We bought a house in 2002 and there was a grass area outside our fence which we were told was ours. We maintained it as had previous owners. In 2011 we moved fence out to enclose this area in our garden. It fell next to a pavement and not next to any other gardens. We asked all neighbours as a matter of courtesy were they happy for us to do this and they all were. We genuinely believed the land was ours. 2015 house behind sold as neighbour passed away. New neighbour raised boundary issue prior to purchasing house as he claimed part of this land was his. Checked land registry and some of it is his. Explained situation to him and how effectively we had done this in good faith and actually the land in question is not actually adjacent to his house plot (only adjacent to his second driveway which was split) so he couldn't really do much to it anyway. However he said he either wanted it back or we could buy it off him. He wanted £10k. The land is not worth this. We exchanged correspondence but nothing further was done. 2 years later we put house on market and lo and behold he raises it again. We declared it to estate agent and at the time he had appointed a solicitor so we wrote back to solicitor and heard nothing further. In the last year he has wind of fact house is going on market and we get another letter. We respond nothing further heard. However the house is going on the market and I need to sort out boundary issue. Can anyone advise if I can claim adverse possession or proprietary by estoppel. I really don't want to spend £1000's on legal fees. Worse case scenario is that we move fence and wall in. However, it will change our garden and we put a lovely stone feature down which will have to be removed. I genuinely feel he is trying to extort money from us. He bought house behind knowing where fence was. Any advice gratefully appreciated.

OP posts:
Ffsnosexallowed · 13/07/2019 05:17

Land isn't yours. Move your fence.

weaselwords · 13/07/2019 05:19

Give him his land back.

2018anewstart · 13/07/2019 05:26

Thanks both for your advice. I was hoping that some one with a legal background would be able to give me some advice on whether we can claim adverse possession or estoppel by proprietary. I think we can but not sure of timescales. I genuinely feel that this man is a bully who is trying to make a quick buck.

OP posts:
onedayiwillmissthis · 13/07/2019 06:51

You admit that you checked land registry and some of it isn't yours. So just move your fence etc. off the land that doesn't belong to you!

NaturalBornWoman · 13/07/2019 07:03

OP the garden law forum has experts on boundary issues and you'll get much more useful responses.

QueenBeee · 13/07/2019 07:06

Offer him ?4,000 , settle on 5,000.

Collaborate · 13/07/2019 09:24

Sounds like what you've enclosed is part of the highway anyway, and you cannot claim AP over that.

swissmilk · 13/07/2019 09:35

Sounds like you are trying to steal the land.
Get your fence down, you designed your garden knowing that it was someone else's land.
Got on you didn't post this in AIBU.....you'd have your arse handed to you!

AJPTaylor · 13/07/2019 18:09

I thought that adverse possession you have to have squatted for 12 years?
If you are moving and selling up, just move the fence back. He wants the money, not the land.
We had a house where we had used about an extra 3 feet or so of the land behind us (enclosed foot path that had been fenced off). When we sold we put a fence up showing where the legal boundary was. Just not worth the hassle. You have used the garden whilst you have lived there.

Jon65 · 13/07/2019 18:20

You probably have all the elements necessary to claim adverse possession and have 10 years after commencing maintaining it. Your next step will be to register this at the land registry and this should be done before you sell. I'll find a link for you.

Jon65 · 13/07/2019 18:23

And it will probably take quite a while as the original owner of the land will object.

Judashascomeintosomemoney · 13/07/2019 18:38

I had to claim adverse possession of a small piece of land, that was definitely mine, after discovering boundaries had been registered incorrectly. Solicitor advised it was the quickest and easiest way to conclude the matter. I had to prove that it had been in my possession for 12+ years and had been fully enclosed during that time. So no, as you only enclosed it in 2011, you don’t meet the criteria. And as PP stated, if you did apply, the actual owner of the land will have to be informed and they would clearly object so it would become a very difficult and drawn out expensive issue.

Judashascomeintosomemoney · 13/07/2019 18:43

The time frame has since changed to 10 not 12 years but sounds like it still hasn’t been long enough.

Lonecatwithkitten · 13/07/2019 22:35

The legal fees will be greater than 10K. It cost me 9.9K 11 years ago and the other owner was deceased and heirs were found. So mine was a straight forward case and had confirmed 25 enclosure with sole use of the land. Yours will not be as he will fight.

  1. You make him an offer for the land
  2. You attempt adverse possession it will cost you thousands and take years
  3. You move your fence back
2018anewstart · 14/07/2019 00:39

Thanks to all of you who have given positive and helpful advice really appreciate it. Im not going to waste any money on it it is likely I will move fence and give him the small portion of land back which will be absolutely worthless to him as it doesn't adjoin his plot and of absolute no use to him whatsoever. For those of you who have commented we have stolen the land I can honestly say this was done in good faith as we were told from day we bought house land was ours. Would happily post in aibu as just wanted some advice.

OP posts:
2018anewstart · 14/07/2019 00:40

Not giving him a penny will move fence. The land is worth £2k max as we had it valued.

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2018anewstart · 14/07/2019 00:42

@Swissmilk no we designed the garden thinking it was our land. Would never have done it if we though it was the neighbours.

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GrabbyGertie · 14/07/2019 01:10

The land is worth £2k max as we had it valued

I don't think it's unreasonable of the guy to want to make a 'quick buck' out of his land. Why don't you at least try buying it off him. Try offering him the £2,000 and offer to cover the legal fees.

He might not believe you made a mistake when you fenced off the land. So that's possibly why he is being arse'y with you.
It was daft if you to fence off the land without checking if it was yours. It's not difficult to look at your deeds.

swissmilk · 14/07/2019 10:22

So you had it valued and its worth at least £2,000 and you think he's unreasonable not giving it to you for free? Really? Can you give me £2,000 then please, seeing as you are so generous?

user1487194234 · 14/07/2019 11:17

Could this put purchaser off
Will you have to declare a change in the boundaries

2018anewstart · 14/07/2019 21:01

@Swissmilk no if you read the messages properly it says it is valued at the most £2k more likely around £500. He's asking for £10k.

OP posts:
2018anewstart · 14/07/2019 21:02

Decision made anyway i'm moving the fence back. Wouldn't give him a penny.

OP posts:
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