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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 777
Experience:  Experienced solicitor
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We recently decided to build a one storey extension on to

Customer Question

We recently decided to build a one storey extension on to our house.Our architect has discovered that our boundary according to ordnance survey is1.4 mtrs inside our garden.There is a block of garages on this boundary wall which were built in 1963 and from 1995 when we purchased the property (and before by the previous occupiers) this ground has always been garden. How can we proceed?
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

When you say according the OS does that mean that is how it appears on an OS map? How does it appear on the HMLR title plan? Also just to be clear the land that you suspect may be yours has had garages belonging to other people built on it since 1963 the owners of which have been using as of right since then?

JACUSTOMER-qy3jd2m5- :

The garages are built on their side of the boundary (1.4metres inside the boundary line).So the strip of land between the back of the garages and the boundary line belongs to the owners of the garages,it has been maintained by us as part of our garden since we have lived here.We wish to know how to lay claim to it.The boundary is shown the same on the HMLR title plan.

JACUSTOMER-qy3jd2m5- :

Not sure if you received yesterdays reply as we had lightning and a power surge.

JACUSTOMER-qy3jd2m5- :

The garages are built on their side of the boundary(1.4 mtrs inside the boundary line).So the strip of land between the back of the garages and the boundary line belongs to the owners of the garages but it has been maintained by us as part of our garden since we purchased the property.The boundary is shown the same on the HMLR. Also from time to time they have asked us to cut down vines which were hanging from the garage roof and at no time have tried to gain access to our property to carry out any work.

LondonlawyerJ :

Ok thank you for that. I am very busy today but will answer you tomorrow.

JACUSTOMER-qy3jd2m5- :

and?

LondonlawyerJ :

I think that if these other people have built structures on the land that subsequently became yours and have used it as if by right without asking anyone for permission or paying any charge then they will have gained ownership of the piece of land they use through adverse possession. The procedures are different now but as this started in 1963 the old rules still apply and if they occupied/took possession of the land and had it for more than 13 years prior to 2003 then they will have become the proprietors.

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