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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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morning. I have recently moved into a house with an overgrown

Resolved Question:

morning. I have recently moved into a house with an overgrown garden and have had the hedges cut and the garden tidied. It has become apparent that the neighbour has taken a strip of land about 2 ft wide by 10ft long that is clearly marked on my deeds as ours. We have had the property rented out for the last 5 years. He has only recently fenced this off (last couple of years). Having spoken to him about the matter he maintains that he thought it was his and he has maintained it for a long time. Can i get it back ?
Many thanks matt
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
To enable me to answer you fully, could you please confirm that the land in question was within your boundary fence before he fenced it in himself a couple of years ago?
How had he been maintaining the land before he fenced it in and how long had he been maintaining it for?
I look forward to hearing from you.
AL
Customer: replied 3 years ago.

Hi Al

The land in question is definitely within the red line of my title deeds. The only maintenance i can think of is to cut the overgrown hawthorn hedge that was there before. There is the remnants of a brick wall going through the new fence that is also in my garden. The problem has arisen as i want to take down the old brick wall as i am building a climbing frame for the children and don't want them to bang there heads on it. His new fence is screwed to the old pillar so he doesn't want me to remove it. Later last evening he came round with an old Ariel photo showing me the wall in its entirety that used to be in my garden he has clearly erected the fence within this old garden wall to enable him to park a car and a caravan on his drive.

Expert:  Aston Lawyer replied 3 years ago.
Hi,
Thanks for your reply.
The legal position as regards claiming "adverse possession" (where a party claims land that does not legally belong to them) is that such a claim would be successful if the party can show that they have possessed the land in question, without dispute or hindrance for 10 years or more. An application has to be made to the Land Registry for any such claim to be made, to include a statement by the party that they have encompassed the land into their garden. The Land Registry's Surveyor would then come and inspect the land to check out the facts. Therefore, to be successful, the party would normally have to show that they have fenced in the land for at least 10 years.
From what you say, I doubt that any application made by your neighbour would therefore be successful.
You therefore need to instruct a local Solicitor to write to your neighbour demanding that the fence be taken down, and that if he doesn't oblige, you will have no alternative but to issue Court proceedings with a view to obtaining an Injunction that the fence be removed.
Hopefully, the mere threat of Court proceedings will make your neighbour see sense.
I hope this assists you and sets out the legal position.
Kind Regards
AL
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Last night i asked the neighbour if he would agree to me contacting the land registry me paying for a surveyor and see if we can sort the problem out amicably.

In the last 10 minutes i have received the following letter from my neighbour.

Regarding our conversation over the fence/ boundary line. just to confirm in writing that the fence has been in its present position for over 24 years and i believe you have no rights to interfere with it. I do not agree that the boundary is incorrect and will not consent to any change. The fence is in the original position where the builders erected it. Whilst i have no objection to your ongoing garden improvements any alterations to the fence will be seen as criminal damage.

This is despite him showing me a photo with no fence.

Your thoughts please

Matt