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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We had a boundary dispute regarding two parking spaces which

Resolved Question:

We had a boundary dispute regarding two parking spaces which we lost. During the trial a new boundary line was established which showed that the parking spaces were on the land of the other party. The judgment ordered to give these parking spaces to the other side which we did.
Nearly 18 months later, the other party is trying to grab the rest of the land which is falling within the new established boundary line. They actually send somebody to cut off our fencing and we could just about prevent it.
The other party never made a claim land in their particulars of claim nor during the trail. If they would have done so, we could have easily established adverse possession since we are occupying this land than 12 years. But since we thought this was only regarding the two parking spaces we did not.
What should we do now? Can we still go possession?
There is an outstanding appeal but only regarding the costs, can we still amend this appeal to include this new dispute?
Thank you help regarding this matter.
Louise
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

So I understand you have a declaration but that does not involve the current dispute?

Customer:

Thank you Alex,
here is a judgment

Customer:

Sorry about that. There is a judgment which declared the boundary lines and awarded the other party the parking spaces.
They say that due to the boundary lines they have a right to the rest of the land. But the judgment never mentions this.

Customer:

Please note that the whole court proceedings where done by different solicitors and that this new solicitor is according to us just reading to much in the judgment.

Alex Watts :

Did the rest of the land ever form part of the claim or just the spaces?

Customer:

Just the spaces. Which they got a rent compensation well. The other land was never mentioned. They only mentioned the parking spaces in their particulars of claim, witness statement, submissions, etc.

Alex Watts :

I cant see how it includes the rest of the land. If their particulars was only a declaration spaces then there was no Court Judgment on anything else. I cant see, save car parking spaces, that any other land was given up

Alex Watts :

They would have to issue a new set of proceedings against you if they wanted a declaration on this other land as well

Alex Watts :

Can I clarify anything about this today please?

Customer:

Ok, that is clear. What should we do now? Should we go possession?

Alex Watts :

Only if you have had 10 years access to the land. However rules have changed - you need to register your possession at the Land Registry. The owners will be sent a copy and can object. I assume they will - if they object claim possession fails.

Alex Watts :

It used to be that it was automatic, but not any more.

Alex Watts :

If its objected to then it fails.

Alex Watts :

So you can try adverse possession, but dont be surprised if they object

Alex Watts :

Can I clarify anything else ?

Customer:

Yes, we have a planning permission which partly will build on the land which they are trying to claim. Can we just go ahead and start building on this?

Alex Watts :

Yes unless they seek an injunction stopping you

Customer:

And what will happen then?

Alex Watts :

If they do you have to stop. But then it does go back to Court and you can make representations why it should be removed (the injunction)

Customer:

Because they did not issue a new set of proceedings against you if they wanted a declaration on this other land as well....?

Alex Watts :

Yes

Alex Watts :

They can do that. You could argue against that, but that is not an issue

Customer:

and if they started these proceedings we could go possession?

Alex Watts :

Yes that does not stop you doing that

Alex Watts :

But as I said they can object at the Land Registry

Customer:

Okay than you Alex help on this. Only one last question, could you recommend an expert barrister on this kind of dispute in London?

Alex Watts :

Sadly I am not allowed to, but if you go to the Bar Standards Board you can search Access Barristers in your area with that specialism

Alex Watts :

Can I clarify anything else today?

Customer:

No, not regarding this subject but I will post something else and maybe we meet again.
Kind Regards,

Customer:

Louise

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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