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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My neighbour has drawn attention to the fact that our boundary

Customer Question

My neighbour has drawn attention to the fact that our boundary fence is not in the position indicated in ordinance survey mapping of our estate.
The existing fence line is 2 metres out of position, in my favour, into his garden.
I moved into this house in 1991 when it was 7 years old. The garden was established and a 3 foot chain link fence ran the full length of the boundary between my garden and my neighbours. In front of this fence, on my side, was a row of 11 conifer trees. According to the ordinance survey of the area, the boundary line is a further 1 metre inside the tree line on my side.
I have used this area as my garden for 22 years. I have maintained the area, cut the trees, built a mono bloc driveway, parked cars and a caravan and 24 months ago, cut down the trees and erected a 2 metre wooden slatted fence along the line of the old chain link.
My neighbours of 21 years have died, and the son who has taken over the house wants to build a garage, which fits beside his house on paper but not on the ground due to the discrepancy of the boundary.
He has challenged me to re-instate the boundary along the line on the maps.

My question is, Do I have any rights to refuse this on the grounds that I have acted in good faith, believing the line of our boundary to be correct and actively using and maintaining this land for my sole use since 1991, without any prior knowledge of a problem

Daniel
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Do you accept that the boundary is wrong please?

Alex Watts :

What do your title deeds say about where the boundary is or should be?

JACUSTOMER-zt1zwswl- : I accept that the boundary is wrong, after it was drawn to my attention
JACUSTOMER-zt1zwswl- : my title deeds make reference to a chain link fence as the boundary, and also show lengths of boundary around my property which I did not measure when I bought the property, believing the fence was my boundary
Alex Watts :

Sadly Daniel unless the land is registered to you, then you have no right to it

Alex Watts :

This is because no matter how long you have had possession unless you have the title plan to that land then the owner can come and take it back

Alex Watts :

You could have maybe made an application for adverse possession

Alex Watts :

But sadly if the neighbour actually owns the land and you accept it, there is nothing you can do.

Alex Watts :

If you contest that the land belongs to the neighbour then he would have to take you to Court for a declaration from a Judge saying where the boundary is

Alex Watts :

But on the basis you accept the boundary is wrong I am sorry to say that you have no rights.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-zt1zwswl- : Thank you Alex. As you say not exactly what I wanted to hear.
Alex Watts :

Yes I am sorry.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-zt1zwswl- : Is there any point in me trying Adverse Possession route
Alex Watts :

Sadly not and the reason is when you make an application your neighbour will be notified about the application and allowed to object. I assume he will and therefore that application for adverse possession would fail.

JACUSTOMER-zt1zwswl- : Thank you
Alex Watts :

I am sorry its not better news

Alex Watts :

Can I help with anything further?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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