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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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What are rights if I believe that a neighbour has integrated

Customer Question

What are rights if I believe that a neighbour has integrated some of our land into their garden. We have plans that show that the boundary of our property is about half a metre beyond where the current fence is, but this was the situation when we bought the property and it may have been for many years (10 plus). We have only owned the property for one and a half years, and the fence was in its current location when we moved. A part of this boundary is also a detached garage, and at present the neighbour is treating the garage wall as their boundary, although it is overhung by the eaves and guttering of the garage.

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Have you shown the plans to your neighbours?
Customer: replied 3 years ago.
No. We haven't made any approach to the neighbour, partly because we are submitting a planning application for conversion of the garage to a nanny annex, and they had objected to an earlier submission that was refused. Therefore, we don't want it to appear personal, but we only became aware of the boundary issue because the planning authority (Bromley) asked for drawings from our architects that had various dimensions on them, and one of those was distance from the boundary to the garage wall (because the planners generally won't allow increases in height of structures if they are within 1m of the boundary). Our architects then submitted drawings that showed that the boundary was actually about 50 cm into what we had thought was the neighbour's garden (ie the boundary was not the garage wall).
Expert:  UK-Justice replied 3 years ago.
Thanks. And what is your question of me today?
Customer: replied 3 years ago.
Our question is what are our rights if the official deeds show that our boundary is actually about 50 cm beyond our current fenceline? Can we, for example, seek to move our fence to reflect the official boundary, or is the, on the other hand, a period of time after which fences are deemed to constitute the official border.
Expert:  UK-Justice replied 3 years ago.
No - the deeds are the deeds.

As such you are entitled to ask the fence be moved in accordance with the deeds.

The problem is if your neighbour refuses to move it then you have to go to Court.

The longer you leave from finding out to going to Court the more difficult it can become.

This is because a Judge can come to the view you have accepted the encroachment.

So if you are going to act it needs to be sooner rather than later.

There are a number of steps you can take

1) Speak with your neighbour
2) Go through mediation
3) Court

It may be you are prepared to sell the extra land to him.

So these are a number of options.

I hope this helps.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks. That is clear, but will acceptance be assumed if the previous owners took no action on the the border, or will we as new owners be given the right to enforce the boundaries as shown on the deeds when we purchased? The previous owner lived in the property for over 20 years, and the neighbouring house was extended towards our boundary within the last 10 years.
Expert:  UK-Justice replied 3 years ago.
Whoever owns the actual land has a right to enforce yes.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

Thanks - yes the answer was helpful in setting out how we should address the issue.

Expert:  UK-Justice replied 3 years ago.
Great

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