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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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i have lived in my new build property for the last 15 years

Customer Question

i have lived in my new build property for the last 15 years and throughout this period my front garden is a lawned area.
now my neighbour as said that a section of this lawn is actually his land which i have looked after all this time without any question from my neighbour.
i have asked him to prove that it is his land! which to date he hasnt done so.
however having returned home from work last night i discovered that he as dug up and removed the said section of turf to put down a footpath.
is this acceptable without agreement??
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Do you have any idea why he says this land is his? Do you live on a development of similar properties? If this is a new build then there may well have been precise plans drawn up before you purchased the property. Do you know what they or the title plan at the Land Registry show?

JACUSTOMER-cnc218t3- :

he says the land his his as he wants to erect a footpath and fence.

JACUSTOMER-cnc218t3- :

the land registry just shows block plans and not specific boundaries.

JACUSTOMER-cnc218t3- :

we have lived in the property from new as he has. he says he as spoken to the builder and they say it is ok to put the fence and path down allegedly??

LondonlawyerJ :

What about when you purchased the property what did the solicitor say about the extent of the front garden and were there any plans from the developer. With a new build it is usually possible to know precisely what was purchased and the solicitor should make it clear at the time of purchase.

LondonlawyerJ :

As to whether what your neighbour has done is reasonable. No it isn't. He knows you dispute the ownership and yet he has taken unilateral action adverse to your interests.

JACUSTOMER-cnc218t3- :

there was nothing mentioned about the front garden as it was clearly part of my front lawn which i have always maintained. it was a new build but it only had a slatted fence down the lawn which was clearly my side which abutts up to his tarmac drive.

LondonlawyerJ :

The Land registry title plan shod show a red line around each individual property. This will provide a general indication of where the boundary lies. Does the title plan not show this? Was there a parcels clause in your conveyance ie a description of the property "all that land situated at.... " and then referring to an OS number, a specific plan (ie a developers plan of the property) or (unlikely in this case refer to a previous conveyance).

LondonlawyerJ :

Are you saying that the land in dispute was on your side of the fence when you moved in but now the fence is not there and your neighbour has annexed land that was on your side of the fence at the outset? If you have your old conveyancing documents you should review them to see what they reveal.

LondonlawyerJ :

You might want to (once you have done these checks) putin writing to your neighbour that you do not accept his right to build on land that is yours and explain to him why the land is yours and invite him to account for his actions.

JACUSTOMER-cnc218t3- :

not quite sure it shows as blocks and doesnt clearly show boundaries. my neighbour surely cant just dig up my lawn without agreement or proof??

LondonlawyerJ :

No he can't and you should make your objections clear and in writing. You should also do the research suggested above to make sure you have good arguments to deploy. It is better to do this sort of thing reasonably and by agreement if possible rather than through the courts.

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