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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a wall built at the bottom of my garden 33 years ago

Resolved Question:

I had a wall built at the bottom of my garden 33 years ago and I followed the line of the wire fence but it may have strayed a foot over the boundery. what can I do.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether or not it is your wall or your neighbours that has strayed ?

Customer:

I have no idea really but if my wall as strayed at the most 1ft what happens now after 33 years

Alex Watts :

Ok - well the land will always belong to the neighbour.

Alex Watts :

Therefore you have 2 options:

Alex Watts :

1) Move the wall back

Alex Watts :

2) Ask the neighbour if they will sign over the land to you and register it in your name.

Alex Watts :

Clearly there may be a fee to the neighbour for this.

Alex Watts :

But those are the two options.

Customer:

I thought that under common law that if you had or your builder had strayed a little after all these years it would belong to you. As for moving the wall no chance I am now 75 years old. As for the neighbours there is no chance getting them to sign it over

Alex Watts :

You are thinking about adverse possession. The laws changed in relation to that. Now you need 10 years access and need to make a formal application to the Land Registry. The Land Registry will write to the true owner and give them an opportunity to object. If they do not object that land is transferred to you. If they do object the application fails.

Alex Watts :

Please see:

Alex Watts :

https://www.gov.uk/government/publications/adverse-possession-of-registered-land

Alex Watts :

Does that clarify the position?

Customer:

well yes but not the answer I was expecting. Thanks

Alex Watts :

I am sorry as I know it wont be the answer you want, nor the one I want to give you, but I have a duty to be honest

Alex Watts :

It used to be 12 years and then you simply asked the land registry to change the land and they did. But sadly this process was altered a few years ago.

Alex Watts :

Does that assist you?

Customer:

Just one more question about boundaries we have been in this house for over 33 years and the ones we are having a slight dispute with have been in their house about 7 years. I would have thought that any anomalies about the boundary would have been pointed out on their deeds when they bought the house. So they bought the house etc. as it is and not in retrospect. I would have thought that if they had any problems it would have been pointed out at the time of the sale.

Alex Watts : You would have hoped so, but that is not always the case.
Alex Watts : Does that help?
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