Hi,i am not entirely sure but we have lived here for 2 years,i have the feeling that it was erected some time ago,long before we arrived 2011
Okay thank you let me ask some questions:
1 has the new fence been up for 10 years?
2 have you treated the land in between the oldfence and your fence as your own for the last 10 years. It appears not what Ido need to ask.
3 what exactly does the solicitor's letter sayand what prompted that?
I am off-line shortly until tomorrow but willpick this up then. Thank you
I have asked another neighbour when the fence was erected and she said the fence was there when she moved in ,in 2008...this is all i know.
I have not treated the strip of land as mine...in as much as i have maintained it by weeding it/clearing it as,as i said the neighbour who 'owns' it cannot as it it on my side of his 6ft fence!We moved in in 2011.
The solicitors letter was prompted because i attached a clematis to his fence.The clematis is on my land,right by the boundary line and had grown over the years all along the ground,so i lifted it up and attached it to the back of his fence(our side),which meant it has gone over the 'said' strip of his land....i have since removed the plant and erected a pergola on my land and attached the climber to that......i just wondered, if after so many years of a fence being in one place,where my neighbour choose to put it,he may now have given up the right to call the strip his?and cause such a fuss!when he could have put it on the boundary in the first place!! thanks
Ifyou have used a piece of land and treated it as your own for 10 years or moreif registered at the land Registry to someone other than you (or 12 years ifunregistered) and you have done it without objection and without permission andnot in secret, you are entitled to apply to the land registry to have itregistered as yours under the doctrine of adverse possession.
TheLand Registry have produced a leaflet (actually it is a booklet) which isavailable online and in hard copy (or at least, it used to be available in hardcopy). Here is the one on unregistered land http://www.landregistry.gov.uk/professional/guides/practice-guide-5
andhere is the one on registered land
youapply to the land registry on form ADV1 along with supporting witnessstatements and evidence of occupation. Unless you have independent witnessstatements, it is extremely difficult to prove that you have occupied a pieceof land for 10/12 years unless, 10/12 years ago, you took something which wouldprove that you were moving onto it. Independent statements from neighbours canbe extremely useful in this respect.
Ifyour application for adverse possession is going to be at all successful youare going to have to come up with that evidence. The land registry will writeto the registered owner to see whether they have any objections which, ofcourse, they will have. It is worth me mentioning that they cannot simplyobject because they do not like it. They can only object on the basis that youhave not occupied the land for the relevant period.
Theyare not completely accurate with the fence issue. The fence issue helps toprove that you have treated it as your own to the exclusion of all others andnot shared it with anyone but it is not essential in itself.
Ifthe neighbour objects and you haven't got absolute proof of occupation or theycome up with some kind of consent that was alleged to be given to you, thematter would end up in front of the land tribunal. If this goes to a landtribunal hearing and you lose that tribunal for any reason, you could facelegal costs of £10,000 payable to the developer. If you win on the other handyou would get costs in your favour awarded against the developer. It dependstherefore on how much the land is worth to you and how valuable it is to you.
Ithink it is one of those where you would just make the point rather than argueit based upon the fact you have given
Theymay have more money to argue over this and risk than you do but that decisionis yours now that you know the legal situation.
Doesthat answer the question? Can I assist further or answer any specific queries?
Ifyou have not done already, please don't forget to positively rate my answerservice even if it was not what you wanted to hear. You should now see a seriesof buttons which enable you to rate my answer service formally.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. It doesn't give me, "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask.
Thethread does remain open for me to answer follow-up questions after rating myanswer service.Rating doesn't close the enquiry at all even though the site may give thatimpression. It remains open for you to read and ask for further clarification.Regards.
PSExperts on here are online and off-line all day each day and weekends so pleasebear with me if I do not get back to you immediately.
PS.I use voice type, voice recognition typing because I only type with two fingersand it would take me ages. Sometimes, a computer does not hear me correctly andyou will get an incoherent word. I do try to but sometimes they slip through. Iapologise therefore if anything doesn't make sense. It is me losing it, notyou. Just ask if anything is not clear please.