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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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My neighbour has informed us that he now wants to replace his

Resolved Question:

My neighbour has informed us that he now wants to replace his fence but says we have some of land that is his and is going to move it to the correct position, we have lived here 17 years and when we moved in our neighbour asked us to purchase the wood to create a new fence as my partner worked at a timber yard, he paid for the wood and my partner kindly offered to put it up for him in the same place. either side of his garage there was not any fence along his garage but he asked if we could put the fence all the way down the garden so we did giving land which we had purchased with the property to him so he could maintain his gutters without coming in our garden. He is now saying he can not remember paying for the wood or who put it up and that he is supposed to have a 2 foot clearance from his garage. We have photo evidence of our property with no fence along garage wall and a photo just after we put the fence up it has been there 16 years and a lot of posts are rotten which need replacing but they need to be put back in same position not mooved further onto our land. What are our rights as he says he is going ahead with it in two weeks even though we have sent a letter to advise we dispute it.?
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 :

Does he say why he thinks the land is his?

Customer:

He wrote in his letter to us that when he purchased his plot he came to an agreement with the builder to purchase an extra four feet of width to the plot to facilitate minor alterations to construct a passage entrance and a two feet clearance on the east side of his garage to the boundary line for maintenance.

LondonlawyerJ :

Why do you say the boundary is where you think it is? Do you have the title plans?

Customer:

The fence was put in the same position the old one was apart from adding extra fence in front of the garage which he is saying has 2 feet of land is his our deeds only have a line drawing with no measurements and they say house frontage of 48 feet or thereabouts

LondonlawyerJ :

Do you know how long a fence has been following that line in total?

Customer:

The fence that is there now has been 16 years and the one we replaced was rotten being held up by support posts so probably more than 25 to 30 years

Expert:  LondonlawyerJ replied 2 years ago.
If you and your predecessor in title were in possession of the land using it as their own without anything being said by the neighbour for more than 12 years prior to 13th October 2003 you will probably have gained the property through squatters right. If you have used it only for a period of 10 years ending after that date they can apply to get the land. Such applications frequently fail.
ie it looks like this is your land now eve if it wasn't in the first place.
LondonlawyerJ, Solicitor
Category: Property Law
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Experience: Experienced solicitor
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