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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice.
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I live in a semi-detached house accessible by a gravel path

Customer Question

I live in a semi-detached house accessible by a gravel path walkway off the main highway. My neighbours have to walk down my path to reach their half of the house. They are now selling. They had a bitter dispute with other neighbour when they erected fence and took some of his land across right of way to his allotment garden which abutts their garden.

They then erected a gate where the pathway narrows to one gate width, directly in front of my front door (my garden is opposite my front door over the gravel path) which leads onto their property and when they erected it they did so in a straight line across from the side of my porch to my garden fence opposite. This was 2-3 years ago. Now they are selling, I've checked the Land Registry boundaries in red for both my property and their property and their red boundary is clearly shown as moving back at an angle (rather lie a wedge of cheese or a triangle) going back to meet the boundary fence post of my garden.

Whereas they have in effect taken a small wedge off my path by going straight across. As the land registry clearly shows the red line at an angle and I am within the 10 year rule, am I within my rights to ask them to reposition the gate back so the fence post aligned to my porch is put one width back, off the line with my porch and that the gate is angle back to meet my garden fence boundary post the other side of the path?

They do not want to do it and I say they should according to the plan.

Sarah Olney
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Is there a reason you have waited until now to address this issue please?
Customer: replied 2 years ago.

Hi there, yes, because I live literally between the two disputing neighbours (I also own a small house actually on the road) and I am friendly with both, so when I moved to this house behind my old one, I did not want any argument with my new neighbours to whom my house is attached. So when the husband erected the gate where he did, I just assumed he had done it right, even though the neighbour they were in dispute with pointed out to me that the boundary should go back to my garden fence. Now they are selling, I took the opportunity to check the Land Registry and can see it is incorrect and would therefore like it rectified as it is a very tight entrance, they have taken some of my land, it should not be there and we bump into each other, plus my dogs etc whenever we collide outside my front door. Apart from this, when I first moved here I had my elderly mother with me, was recently divorced and it was all too much - I just did not want to argue with my neighbours and they also used a friend of theirs - a sergeant in the Paras to erect the disputed fence and help put the gate in - I just didn't want to say anything I just wanted to slip in and keep a low profile at the time. Sarah


 

Expert:  Remus2004 replied 2 years ago.
If you are now alleging that the boundary is in the wrong place and the neighbour is selling, you could not be making a dispute with them at a better time.

It is most unlikely that they will be able to sell the property with a boundary dispute hanging over it.

They have to have occupied the land without objection and consent and not in secret for more than 10 years so as soon as you object, the time stops running.

On the basis of the above therefore I would send them a copy of the boundary and point out the angle and ask them to move the fence back into the correct position.

If they will not do that you need to tell them that this will need to be resolved and therefore they should tell the agent and their cellar and any prospective buyer of this issue.

Can I clarify anything for you?

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