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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A number of propertys border my garden. One neighbours fence

Resolved Question:

A number of property's border my garden. One neighbours fence line is clearly out of sync with the other neighbours fence lines and clearly shows the neighbour has blatantly taken about a metre of my land. There is also a shed which has been built in this space. Shrubs had hide. It from our view and the neighbour is saying that was the fence line when they bought the property 7 years ago. Do I have any ability to legally make them move back the fence line?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have they registered the land please do you know, or just stolen it?

Customer: As far as I know just stolen it
Alex Watts :

Ok - what you need to do is this

Alex Watts :

1) Write to the neighbour, set out your position in your deeds and ask for the land back within 14 days or say you will take the matter further

Alex Watts :

2) if that does not resolve it then you should approach a local Solicitor to write to the neighbour and set out the position and give a period of time to remedy it

Alex Watts :

This is the cheapest option as may only cost you £200 or so

Alex Watts :

3) If the neighbour refuses then you need to issue Court proceedings

Alex Watts :

You would be asking the Court for a declaration as to where the boundary truly is

Alex Watts :

You would have your deeds, get a surveyor report and this would be presented to a Judge who would make a finding as to where the boundary is

Alex Watts :

Your neighbour would then have to comply with this Court order.

Alex Watts :

Clearly there is a cost but if you win, then the Judge can award you costs back

Alex Watts :

But try the above options and that should resolve the matter for you

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Does the length of time they have encroached on my property cause any issues as I can't say how king they have for sure due to shrubs and bushes in front of the border line I have probably a 3 metre area of shrubs bushes and trees which blocked the fence until they were recently cut back?
Alex Watts :

No difference at all.

Alex Watts :

The line is the line and that's it

Alex Watts :

It could be 20 years they have had it for but if its your land and its not been registered in their name you can claim it back

Alex Watts :

Does that clarify?

Customer: Perfectly thank you
Alex Watts :

 


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Customer: One very last question if that's ok...
Customer: Iif the neighbour has registered the land can they do that without my knowledge?
Customer: And would I be able to contest it?
Customer: especially if they've done it in the last month since we raised the border issue with them?
Alex Watts :

You would be notified by the Land Registry and given an opportunity to object

Alex Watts :

In any event they need to have occupied it for 10 years before they can even apply

Alex Watts :

Does that help?

Customer: fab thanks I will be giving you an excellent rating thanks again
Alex Watts : Thank you. All the best.
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