So tryin to keep it as simple as possible:
My house is on a hill and so my neighbors to my left are higher than me and to the right are lower as the hill descends.
The previous dispute was with the neighbours to my left, i.e. above me.
At some point shortly after the houses were built (early 50'S) a previous owner of the property to my left filled the gap in to create a side passage for the house above me.
Approximately 6 - 8 years ago it became apparent that there was damp in the wall that had the infill / walkway next to it. At the time I had no house insurance so after appointing a solicitor and dealing with my neighbors insurance company and loss adjuster it was decided that the in fill was the issue.
Half of the infill was removed and it became apparent during this that the boundary wall was under the sideway and was now evident. Since the infill was removed I have had no real issues with the wall which shows what the problem was.
The final communication from the neighbor some 6 years ago was that he was aware the remaining infill, part of the sideway was dangerous and would need further work; nothing ever happened.
Now he has put the property on the market and it has gone under offer and I want to protect my interest. The plans of my house show my plot width and confirm that some of the infill and pathway was / is on my land.
My questions are as follows:
1 - What, if anything can I do to ensure / confirm that he declares the dispute on on the TA6 form that he completes for his solicitor?
2 - Should I be doing anything else at this point to protect my position in anticipation of a new owner as the gap must not be filled back in?
3 - Where do I stand with reclaiming the 'stolen land' if you will?
Thank you for your answer,
Can I ask:
1 - That is clear. Would a report from a boundary expert / expert witness assist.
2 - Understood, but I f I cannot get hold of his solicitor detials how do I approach this.
3 - Does the 10 year rule apply where they have been changes of ownership or is it only 10 years if the same owner?
Thank you for this,
If the infill is causing a detriment to my property, to what extent does this counteract the 10 year rule?
I have a signed witness statement from a now deceased previous neighbour confirming the houses were not built as they are now.
Is there anything else I can do apart from the above?
Apologies for the delay,
I have a final question for you in relation to a point you made in your original e-mail, i have copied it below:
if the land which has been adversely possessed was in essence occupied by the neighbour for 10 years or more without consent or objection they can actually apply to have it registered in their name under the doctrine of adverse possession.
Can I ask how I would ascertain if the neighbor has attempted to do the above?
Thank you for confirming this,
I would like to add thatupon reviewingall historic correspondanceover theweekend it has transpired that there was no dispute regarding the boundary.
The infill was part removed as already explained which exposed the original boundary wall and this has never been disputed.
In your expert opinion how does this change things and does it assist me in anyway?
Surely if this was 6 years ago and the boundary was never disputed is that necessary?
If the boundary ties in with the plans and there has been no dispute why would an agreement be necessary?
As an aside it was not filled in by the current owner, but a previous owner probably at least 40 - 50 years ago. I assume in this case there really isn;t an issue?
Thank you for your help,
I have another issue in relation to this; I assume I will need pay another fee?
Well it is to do with this matter,
Basically at some point a side gate has been installed for the neighbouring property, this has been there for many years!
However it is preventing me accessing my land / side wall; what steps can I take to have it removed?
Let me know if another fee is due in respect of the above,