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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10632
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I own a country property with a large garden and have owned

Resolved Question:

I own a country property with a large garden and have owned it and lived in it for12years, but now my father claims that a certain part of the garden belongs to him as he has a business next door that is now for sale, but the particulars and boundaries state that the garden belongs with my property, can you give me any advice and has he a right to a certain part of the garden even though I have been looking after it for 12 years
Submitted: 4 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 4 years ago.

Hi there,

Thanks for your enquiry.

 

Could you please confirm that the land in question is fenced in and forms part of your property and therefore under your possession?

 

Thanks

AL

Customer: replied 4 years ago.
Yes it forms my boundary it is a conifer hedge that's been there for approx 25 years
Expert:  Aston Lawyer replied 4 years ago.

 

Hi,

 

Thanks for your reply.

 

If the land in question is shown as belonging to you on your Deeds, then this land belongs to you UNLESS a third party can show that they have possessed and maintained the land themselves without interference from the true owner for 10 years or more.

 

From what you have told me, therefore, your Father has no claim whatsoever over this land.

 

(Even if the Deeds indicate that the land belongs to his neighbouring property, as you have possessed the land and used it as your own, you would be entitled to apply to the Land Registry for what is called "possessory title").

 

I hope this answers your question, but please let me know if you require any further clarification.

 

Kind Regards

AL

 

 

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