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?