Hello I am a solicitor with over 15 years experience. I will try to help you with this. So you think you own land to the side of your house that you want to put inside walls and include within your garden but the neighbours say this land is either not yours or if it is it must be kept open and unenclosed.
When you refer to deeds are you talking about land registry documents? When did you buy your property and do you still have the report on property from your solicitor? What do your deeds actually say that leads you to believe that the land is yours and what does the covenant say that makes the neighbours believe it is not. what document contains the covenant?
Ok thankyou for that. I will be busy for some or all of the rest of this morning but will get back to you later today. I hope this is OK.
It would seem that the restrictions you refer to relate to the front only and not to the side wall. If your neighbours rea relying on the section you refer to above then they are probably in the wrong. Is there any definition of “front wall” that might enable your neighbours to interpret it is as including a side wall?
As far as the side boundary is concerned then the title plan at the Land Registry is not definitive.
In order to work out the precise boundaries your first step should be the information provided by your conveyancing solicitor. There should have been a report on property or similar document prepared by your solicitor at the time of purchase. This should set out the extent of the property and the boundaries and also the reason for the solicitor coming to this conclusion. If you no longer have this document then it may be that your old solicitor has (although they are only required to keep documents for 6 years).
You should get this document and check it as a first step.
Am I right in thinking that no particular person has been using the land outside ur wall but which is yours and that t us juts left open at the moment?
I hope this is helpful and if you can find the document I suggest above you will very likely be able to find the answer you are looking for.