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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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Hi, we live in a detached house, in between ourselves and our

Resolved Question:

Hi, we live in a detached house, in between ourselves and our immediate neighbour is a strip of grass which runs alongside my driveway which apparently belongs to the neighbour. We have access all around our property and we think the strip of grass is shared because our property line to the road would run through the middle of it. I have checked the Title Plans and our property boundary appears to confirm that they own the strip of grass, whereas next doors property line shows a line through the middle of it - both plans are dated a month apart in 1999.
We have always assumed this belonged to next door but a neighbour recently told us that it was shared previously and the previous owner of our house may have "given" them his share of the land. The piece of grass is of no real importance to us other than we need to step on it to get out of our car - and also recently the neighbour has started planting bushes and now put a small picket fence along the line - making it very difficult to get out of our car.
How do we go about checking which plan is correct - both plans I have contradict each other about the boundary. Is it possible to check if there was any legal handover of this piece of shared land ? If there was no legal handover can we prove it and are we entitled to have them remove the obstacles they are placing on the grass alongside our driveway. Many thanks for any advice/help.
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 5 years experience. I will try to help you with this.

LondonlawyerJ :

The title plans you ave checked are these the land registry plans or other plan documents. when did you move into the property?

Customer:

Hi - they are Land Registry - I moved into the property in 2001

LondonlawyerJ :

You will need to have a look at the conveyancing documents from your solicitor to start with. Is there anything in the report o property and is there a parcels clause describing the the property you are buying an possibly describing it it in detail or referring to a plan? Do you know when this apparent gift as made and fro how long has your neighbour been using the land (this s relevant to whether he may have acquired squatters rights to it?).

Customer:

Ok - I would need to go back to my solicitor then I guess. I'm not sure what a parcels clause is. I presume this gift would have been made around or prior to 1999. I have always been under the impression they owned the land because there is another piece of fence on it prior to me buying the property, it would be a real shame if they have some right over it without owning it - especially now they are stopping us getting out of our cars.

LondonlawyerJ :

The parcels clause is the clause describing precisely what has been purchased? I am not sure why you say it apparently belongs to the neighbour? There was no fence until recently, and you regularly used the land as you got in and out of the car. How did his apparent ownership express itself?

Customer:

Hi - sorry for the delay in my reply. We believed it belonged to the neighbour because the plan from the Land Registry for our house appears to show our boundary does not include it. They have always maintained it and there is a small piece of trellis at one end that has always been there - so we have always assumed it was theirs and they treat it that way too.

Customer:

Its only recently that a neighbour told us that a previous owner of our property "gave" his slice to them because he didn't want to maintain his half - also, the line of our house boundary would cut through the middle of it. I downloaded the plan from Land Registry for next door and that appears to show a line straight through the middle (which confirms what our neighbour said). So, we seem to have different boundaries shown on the two separate plans.

Customer:

Do you think I should write to my original Solicitor - would they be able to get more detailed plans that I haven't seen that could prove if we own any of it or not ?

LondonlawyerJ :

I think writing to your original solicitor for confirmation of the precise boundaries of the property that he conveyed would be a good idea.

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