Pavement

[cricket12]

Our neighbour has built a pavement over our part of the garden. This was 3-4 years ago. While building it, we asked him verbally and he confirmed that he is building it over his land but we just realised it when we checked the exact map for our front garden. What can I do now and what are my options?
I am going to talk to my neighbour about this but can I call/contact someone from council or land registry to solve this dispute? Thanks

How did you not know it was your land before now?
Can you draw a diagram? I’m curious how he has paved over your garden. I suppose the first thing to do would be to speak to them in person and show them the details you have, if he won’t then rectify it you can apply to have it looked at.
https://www.gov.uk/your-property-boundaries/apply-exact-boundary-determined

I can't imagine what you mean.

Do you actually mean a pavement in front of your house? Is there not already a pavement or does your property run right up to the road?

You could check with the local highway authority (could be your local council, or possibly county council) to check whether they own the land concerned.

If it is your land then just tell the neighbour to remove the paving.

Neither the Council or land registry will get involved if it is privately owned land. You may need to pay a solicitor to send a letter to your neighbour.

Order the title plan for both properties from the land registry. If they don’t match up with what is on the ground then he needs to remove his path and you need to tell him this. It’s nothing to do with the council.

The pavement is in front of the house and is a bit irregular in shape, it looks like my house boundary starts from my house's front garden but then goes at an angle of 30 degrees and up to the front of his house, which my neighbour has paved it in a straight line to accommodate his big cars, due to that we can't use our driveway properly as we can't get our cars in properly.

Can you post a picture OP? You probably need to get a copy of your neighbour's deeds too (land registry) and then you can compare the boundaries of each property.

But it was three or four years ago? Why are you just addressing it now? I think you'd have to get a proper survey of your property boundaries then talk to your neighbours but they will think you are mad after all this time.
Still don't understand how it is you can't use your driveway - can't you go over the pavement that is now on your land?

I suspect that the kind of person who paves over someone elses land because they think they need it is not the kind of person that will listen to reason.

You need to determine what exactly you are going to want in place of what is there at the moment. For example if you just take the paving up then they may well just park there anyway, so probably implies some sort of physical barrier is required.

Hello,

I am not very good with diagrams but have tried to draw. I won the shaded part but is now paved. Thanks.

I have just added the picture, please refer. Thanks.

So you are house 1? I'm not sure how the paving prevents you from using your area because presumably you can drive on it too?

I'd just go and see the neighbour and say, hey so we were checking the title deeds for something and we noticed that in fact that paved area does belong to our property not yours. We are/are not OK with the paving so we will leave it/remove it. But we just wanted you to be aware for future reference as we will be parking our cars on that area.

Can I clarify which house is yours OP? I assume house 1?

How is it stopping you using your driveway? Surely you just drive over it?

Do the deeds say anything about a right of way or right of access for your neighbour to use that piece of land? Is that piece of land within the red edging of your property on the deeds?

I think you need to read the written part of both your deeds and your neighbour's as well as checking the plans for each.

Thanks so much everyone, this is really useful. We are house 2, the reason we can't use that part of the pavement is our neighbour uses that part of pavement till the end to park their cars.

In which case you just need to go and tell him that you have checked the deeds and in fact it's yours so please can he stop parking there.

You can do it nicely as in a "probably you didn't realise it " way. If they start being arsy then tell them you will put up bollards !

Are you sure you actually own that piece?

Could the deeds be showing that you have a right of way over that piece of land? Have you read the written section of your deeds?

It seems a very unusual set up for you to actually own that area.