How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10232
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

I have a question about adverse possession.Our Neighbour

Resolved Question:

I have a question about adverse possession. Our Neighbour placed a fence between two semi detached properties some considerable distance onto our ground. 2feet at one end and about 5 feet at the other. This happened about 30 years ago. At the time, the contractor who put up the fence was asked to move it back but ignored the request. Being new to a village and not wishing to fall out with the locals (the contractor being one of them), the matter was not escalated. There is now the beginnings of a dispute over where the fence should be. It is clearly shown on the deeds and one would assume, the fence should come out at 90 degrees to the houses (as the property line does on the opposite side of the house). Does adverse possession apply here and could he claim that land. The land is registered and marked clearly on the deeds.

Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Adverse possession applies in all cases where a party possesses land which is not owned by them, without dispute or express consent of the paper owner, for a period of 10 years, where the land is registered at the Land Registry.

In order to be successful in the application to the Land Registry, the party also has to show that they have "possessed" the land to the exclusion of the paper owner.

It would normally be sufficient to prove this "possession" if a fence is in place, and the Land Registry Surveyor would inspect to check this, following receipt of any application.

Your neighbour would therefore be entitled to make an application for possessory title under the adverse possession laws, PROVIDED he could show he has possessed the land for at leat 10 years without dispute or the express consent from you. I note you disputed the fence line originally, but if you have let matters remain as they are for the last 10 years or more and have not carried out any positive act to show that you dispute the boundary, you may find it hard to defend any application made by your neighbour. If, of course, you have written to the neighbour in the last 10 years ago disputing the fence line or there was a document drawn up basically stating you both acknowledge that the fence is in the wrong position, then these would be sufficient grounds to defeat any application made by your neighbour. Without either of these, I fear you may be struggling to defend any such application.

I hope this assists you and sets out the legal position.

Kind Regards

Al

Customer: replied 1 year ago.

Thanks Al!

I understand the law changed on this around 2003.

Does he still need to apply for the land or as the fence was put up pre - 2003, is the land automatically his?

The fence is partly hedge and partly woven branches.

Are we legally Ok to cut back to the centre of the hedge and then put up our own fence? To make the best of a bad situation?

This will mean about 2 feet of our house is actually in his garden. Do we have to ask his permission to maintain this?

Expert:  Aston Lawyer replied 1 year ago.

Hi Dave,

Thanks for your reply.

The only change in the law was the procedure involved in claiming registered land, in that the Land Registry now serve Notice on the paper owner and ask if they have any objections to the application being made.

So, your neighbour does indeed still need to apply to the Land Registry if he wishes to claim the land. Just because the fence is there does not mean he has automatically aquired the legal title to the land- he just has physical ownership at this stage.

As regards ***** ***** itself, you are entitled to do as you mention, and you would not need to seek the neighbour's consent/permission before doing so.

Good luck!

Kind Regards

Al

Customer: replied 1 year ago.

Great Answers!

My last question:

The fence has collapsed and is non existent in places. We have a gardener who regularly comes through a gap the fence to mow the lawn for both our garden and our neighbours.

If we argued that we do have access to the land, which would be impossible to disprove, would that void his argument to possession?

Many thanks! Dave

Expert:  Aston Lawyer replied 1 year ago.

Hi Dave,

Sorry for the delay.

Although there is a gap in the hedge line, you would have to show that you personally have been using the land/accessing it on a regular basis. Therefore, you would be skating on thin ice trying to use the gardener's use of the land as a defence, but you can always try!

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10232
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice