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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my fence post has been approx 3 meters forword of the shaired

Customer Question

my fence post has been approx 3 meters forword of the shaired turning point , and no complaint has been made in over twelve years. the new council tenant has now done so and the council have told me to move the post back . this would ristrick the use of my garage, when we moved in twelve years ago we new it was shared access and simply renewed the old faild post it is on the boundry line just to far forward. ihave offered to buy or lease the land which has equal gain to both propertys and said i will all so move it back by half the amount to even grater benefit to both parts but the council say no it must go back the full amount no compromise. where do i go with this.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 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 : Did you ever register the land please?
JACUSTOMER-fqxv9osq- :

no i did not know any thing was wrong untill the new council tenat told me to move the post.

Alex Watts : It's bad news I am afraid.
Alex Watts : If you did not register the land then it does not belong to you.
Alex Watts : The council can demand it back.
Alex Watts : If you had 20 years use then you would have had a claim as a right of way
Alex Watts : But for that you need 20 years use
Alex Watts : I assume you don't have that and if that is the case they can make you move the boundary back, as you have no prescriptive right.
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-fqxv9osq- :

according to the 1992 act on boundaries its 12 years and prior to that if nobody has complained its 10 years if used regularly which we use it 4 to 5 times aday

Alex Watts : The law has changed in terms of adverse possession which is why you are referring to.
Alex Watts : Its not your land, you can not register it without going through the land registry and you don't establish a prescriptive right until it has been 20 years.
Alex Watts : Sows that claiify?
Alex Watts :

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