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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70193
Experience:  Over 5 years in practice.
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This is for Jo . Hi Jo re my neighbour who put a concrete

Customer Question

This is for Jo .
Hi Jo re my neighbour who put a concrete base and dustbins on my land ? And I asked you about could this be criminal damage ?

Because of neighbours behaviour I have checked my tittle for the boundary of my land - I never realised that I own 30m x 30 of land in front of my neighboured house
It was registered to my property 2 years ago .
it is not on his tittle .
The neighbour has maintained that piece of land. - mown the grass etc. for 25 years .
Question : has the neighbour gained any rights over this piece of land ?
Question : should I fence it off ?
Question : should I tell him to keep off of the land ?
I hope you are not out drinking to much Champers ? With all the money I've sent you. !!
Thanks Geoff
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for the question again.

If the neighbour has occupied this land and treated it as his own, for example mowed and maintained it, he could apply to the land registry to have it registered as his own under the doctrine of adverse possession. He must have occupied it without consent or objection and not in secret to get adverse possession.

He is going to have to prove how long he has occupied it for and maintained it. Whilst it is easy to prove that he is doing it now it is often very difficult to prove that he has done it historically.

You can fence it off and you can tell him to stop doing anything with it and that is likely to bring the matter to a head although you are no worse off with the matter being raised than you are now.

Whether his application, if he makes one, to the land registry will succeed will purely depend on what proof he has of his occupation for more than 10 years.

You seem to admit that he has occupied it and maintained it for 25 years and therefore you really have no defence to put forward unless you are going to lie to the land registry to say that he has not occupied it.

Nonetheless, the burden of proof is on him to prove that he has occupied it and not on you to prove that he has not.

Can I clarify anything for you?

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