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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Forty years ago our parish council purchased a 35 acre park

Customer Question

Forty years ago our parish council purchased a 35 acre park with a stream running through it. At one point it forms the boundary with another property. The parish councils title deed shows the stream to be included in the park as the stream is boldly outlined in red up to the bank of the other property. The fence between the properties is on the other properties side of the stream. The councils side of the stream as never been fenced.The council has maintained the stream for forty years without its ownership being questioned.The other property has changed hands four times. The recent owner has produced a 6o year old map part of his title deeds which includes the stream. He now claims ownership. Can he do this?
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.

So both sets of deeds show ownership?

The fence excludes the stream from the neighbour?

The neighbour claims it is his?

 

Why does either of you particularly want the stream?

 

Is either property registered at HM Land Registry?