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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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We own a lock-up garage site which has a small parcel of vacant

Resolved Question:

We own a lock-up garage site which has a small parcel of vacant land. A garden backs on to the vacant land with a frontage of approximately 7mtrs. Three weeks ago the owner of that land built a new fence on our land approximately 1 mtr onto it and has 'stolen' that strip of land from us. We have contacted him by telephone but he is evasive and it is obvious that he will not voluntarily remove it to the original boundary. We are to apply for planning permission to site garages on that parcel of land and the strip of land is not necessary to that development. We are proposing to write to him telling him of our plans and that if we are successful with our application we may not require that land at this time.( A carrot) He is unlikely to formally respond to any letters . MY QUESTION. If we write to him and tell him of our plans and that he can use the land subject to terms and conditions i.e. for recreational purposes only, no buildings permanent or temporary, no trees on the land. If he continues to leave the fence in place and does not correspond with us, will he by default have accepted those terms and will we be protected from an application for him to acquire the land by adverse possession in 10-12 years time.
Kind regards
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Can you tell me whether this is registered or unregistered land, please?
Customer: replied 1 year ago.
Both our land and the neighbours land are registered. The plans clearly shows the boundaries in the original fence position .
Expert:  Buachaill replied 1 year ago.
2. If your land is registered, then you have nothing to worry about. Nowadays, since 2003, title cannot be obtained to registered land by way of adverse possession. This is because nowadays, only the registered title, not possession, gives good title. The law relating to adverse possession to registered land was abolished when the title was made paramount in 2003. so, it makes no difference where your neighbour puts his fence. he cannot "steal" your land nowadays by means of adverse possession.
Customer: replied 1 year ago.
With regard to the adverse possession that is good news.Can we write and tell him that he can use the land, ( we would not propose to charge him- in any event he would be unlikely to pay) subject to terms and conditions which we would spell out i.e. for recreational purposes only, no buildings permanent or temporary, no trees on our land. If he does not reply to us , and leaves the fence insitu which is likely to be the case, will he by default deemed to have accepted those terms without a formal letting agreement.
Expert:  Buachaill replied 1 year ago.
3. There is no such thing as accepting terms and conditions without doing anything. You can write to this person but if they don't respond, then they haven't accepted your purported terms & conditions. I would suggest your first write and propose terms & conditions, but if he doesn't respond, then you can indicate that you will seek to eject him if he doesn't respond and agree to them.
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