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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 791
Experience:  Experienced solicitor
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My father had a survey boundry plans drawn up approx 50 years

Resolved Question:

My father had a survey boundry plans drawn up approx 50 years ago. Since then a new semidetached house has been built next door slightly uphill. The builder has pushed the boundry hedge over about a foot for approx 30 feet and then it has been replaced with a wooden fence. Where the land was bulldozed it has cracked my fathers driveway. As my father was grieving for his wife and recovering from a heart attack at the time it has been several years. He has mentioned this to present owners but as they have a sick child he is reluctant but he is 92 now and I am interested to know where he stands with this.
Thank-you
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 help you with this. Is this registered land (almost certainly it is), when wad the boundary moved and for how long did your father let them use his land before he objected?

Customer:

As my father was ill for some time it was about 8 months before he mentioned it to previous owners then they moved out but may still own the house,

Customer:

Cannot find any details of it being sold As the hedge had been pushed over new people built a conservatory on the rear replaced the hedge with fencing,

Customer:

The people who did the fence pushed it over another 8 inches or so to make it look ok their side and provide the 3foot boundry on their side however my fathers boundry is now about 2 foot at most. Thinking about it the fence is on my fathers land for about 60 to 80 feet from a foot to eighteen inches.

Customer:

My father told them but again as he was unwell and did not want bad feelings with the nighbours he did not press them continually.

Customer:

He is also a pensioner and did not want a legal battle, he just wants a quiet life. As the adjoining land is about a foot higher than his there is a tendency for the clay to move anyway. But this is becoming rediculous and I feel the nieghbours are taking advantage of my father now.

Customer:

As I said when my fathers house was built approx 55years ago detailed measurements of his plot were taken and put on the land registry

LondonlawyerJ :

The key question is for how long and when did the people next door get use of the extra land before your father told them it belonged to him.

Customer:

I guess it was was between 6 to eight months as I say he was ill and his wife was in hospital with cancer for about a year before she died

LondonlawyerJ :

Any land that has only been used without complaint for 8-10 months will still belong to your father and any successor in title. I suspect this information is just about the fence, do you know the dates for the hedge?

Customer:

This all came about when the new semidetached house was built and the builder pushed the hedge over with the bulldozer it seems everyone keeps exploiting his good nature and he told them but they ignored him. When the hedge was replaced with the fence after about a year they took more land

Customer:

What I cant understand is why the surveyor let it go if he was doing his job surely the builder should have been told he had overstepped the boundry line

Customer:

I guess the main question is do we have to complain with a solicitors letter as I say my father dosnt want bad feelings between him and the neighbour I guess nothing will be done until my father passes on even though it annoys him and once he passes on there will be no evidence other than my word that he disputed the boundry with the neighbour

Customer:

Any land that has only been used without complaint for 8-10 months will still belong to your father??

Customer:

Dont you mean with complaint within 8 - 10 months

LondonlawyerJ :

No if someone other than your father was in possession of the land using it as their own without anything being said by your father for more than 12 years prior to 13th October 2003 they may gave gained the property through squatters rights, If they have used it for a period of 10 years ending after that date they can apply to get the land. Such applications frequently fail.

Customer:

So who would have to pay to move the fence to its correct position?

LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 791
Experience: Experienced solicitor
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