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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69997
Experience:  Over 5 years in practice.
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I am currently in dispute with a neighbour of the boundary

Resolved Question:

I am currently in dispute with a neighbour of the boundary between our properties, they are saying that the boundary where I have my car parked(on the front of my house)is wrong and that they own 2/3 feet over onto what would be my drive as this will line up with the concrete posts that divide our gardens,,i am contesting this as before I put a drive down the area was covered with a lawn and hedge which I have looked after for over 35 years and have continued to do so since I purchased my property in 2002... previous owners have never contested this and assumed that the land was mine.....no objection was made to me putting a driveway down which has been in place since October 2013 and before that no attempt has been made by the current neighbour or previous ones to tend or in anyway keep the lawn/hedgerow mown or cut... I do have pictures showing the property before the drive had been put down and afterwards....what are my rights regarding this matter?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is it that you want to achieve?
Customer: replied 2 years ago.

I wish to keep the drive which is now in place....otherwise a small brick wall would need to be removed and cabling runs along the wall and down to the rest of my property will have to be removed as this is where they are claiming ownership of the land....this has never been disputed before and if the land is theres as they claim how when they purchased the property was this never made known to myself

Expert:  Remus2004 replied 2 years ago.
If the land is registered at the land registry you can claim it as yours under the doctrine of adverse possession after you have occupied it and treated it as your own for 10 years or more.
You are going to have to come up with some kind of proof of the occupation and the fact that you have lived in the property for 35 years and the situation has always been as it is should be proof enough unless the neighbour lie and say that you have not done that.
If they insist that this piece of land belongs to them either you will have to make an application to the land tribunal or court to have the matter determined once and for all and which they would then have to do defend or they will have to do it and you would have to defend.
This is a boundary dispute so check your house insurance to see if you have legal expenses cover that would pay for any legal costs of any litigation.
Both you and the neighbour need to be aware that if this goes to a fully contested land tribunal matter, the loser could easily pay in excess of £10,000 in legal costs plus their own legal costs.
Can I clarify anything for you?
Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69997
Experience: Over 5 years in practice.
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