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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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The side of my property has a boundary hedge, bordering

Resolved Question:

Hi,

The side of my property has a boundary hedge, bordering 4 rear gardens. Much of that hedge has been removed over the years. One neighbour fenced herself in many years ago, with no access to the hedge. This is the issue. The neighbour now wants to replace that fence but move it to where they think the hedge centre line was... Their fence has clearly been there for many years as the concrete posts are breaking. I can prove at least 6.5 years and will speak to the original owner if she can prove a further 3.5 years or more. There is a stump of hedge left in no mans land, but does that immediately grant the neighour ownership to the middle of a non-existent boundary hedge, after so long.

I am vaguely aware of the adverse possession law.

Ironically one of my fences is the same but in reverse where another neighbour has removed the boundary hedge and effectively claimed the land. I can't see me getting my fence moved to the original centre line.

Thanks in advance

Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Hi Nicola,

I'm happy to wait please. I'm about to go on holiday for 2 weeks :)

I've spoken to previous owner and she confirms that with the neighbours fence has been there as long as she remembers and she is happy to write a letter to that effect. That would cover 12 years where the neighbour has had no access to the boundary hedge area.

I'll also speak to the free RICS helpline upon my return as well.

Thanks

Michael

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Hi Nicola,

I'm happy to wait for an answer.

Best Regards

Michael

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Adverse possession works with 10 years use excluding all others. Then you can make an application to the Land registry for possession. They will notify the owner and allow them to object, if they do not then the Land is transferred but if they do object the application fails.
You can't get the land transferred unless there has been a proper application to the land registry. For more help please see:
https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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