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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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my garden backs o n to field,which the owner uses for some

Resolved Question:

my garden backs o n to field,which the owner uses for some sheep and ponies.I HAVE BEEN cuting hedge for over 50 years my family have always lived here ,and my husband and I have owned it for about 50 years.Previous owner never bother so we kept maintain ing it.Recently new owner has claimed the hedge as his property and is not willing for us to cut same hedge. Incidently boundry of my land on the deeds mention boundry as hedge of field and names the field. does this mean that as hedge is mentioned and marked o n my deeds it is our property.would appreciate some advice
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Can you tell me what the wording on the deed about the boundary and hedge is please?

Customer:

it says parcel of land bounded on north by land property of.... and on the south by a field called caeglyn property of.... ON my deeds it shows plot of land which on south just says "hedge of caeglyn" so many feet etc so i would have thought that boundry would by the hedge itself.I hope that this can clarify ikt. By the way we have always maintained the hedge so i thought that would allow us to continue maintaining it.

Customer:

sorry i am late in answering but had some family problems and couldnt get on line

Customer:

looking forward to having you reply

LondonlawyerJ :

If have been maintaining the hedge and treating it as you own for 50 years you have a good argument that you have gained ownership of it through adverse possession. So even if the deeds wording is a little ambiguous you have a good claim to the hedge.

Customer:

can you confirm what answer is ---do I own it or not, can I get some find of written confirmation or have I got to go to court to claim it.

Customer:

I don't know what adverse possession means. can youclarify

Customer:

can you also tell me if the hege is mine can I go onto his propery to cut I properly or just what I can reach my side.

LondonlawyerJ :

Ok adverse possession is also known as squatters rights. If you have been using this land (that the hedge sits on) as of right, without someone's permission and without using force or deception you can claim that it is yours. I will give you details later of the way to go about this but am at court today and do not have the right text book with me.

Customer:

looking forward to your final reply

Customer:

cannot rate reply until it is finished, waiting for it.

LondonlawyerJ :

What you are describing is a situation in which you have adopted ownership of the hedge for a period of about 50 years. In order to claim ownership of the hedge you have to be able to show that you have occupied the land on which the hedge is situated as your own land for a period of more than 12 years, that you intended to possess it and that the possession was adverse to anyone else’s interests (ie without permission, without payment and without deception). As this all happened before 2002 you can simply apply for the land to registered in your name. It is vital that you acquired your rights before the 2002 as the Land Registration Act 2002 effectively scuppered these kinds of assertions.

You want to inform your neighbour of the fact that you take the view that the land on which the hedge stands has always been part of your property and that even if that is not the case you have used it as your own for over 50 years (ie for more than 12 prior to 2002) and that therefore even if hasn’t always been yours it is now through adverse possession.

LondonlawyerJ :

I apologise for the delay in replying to you and hope no inconvenience has been caused.

Customer:

one more question where do i claim, is it with land registry .

LondonlawyerJ :

yes

Customer:

thank you so much for your help very grateful dorothhy davies

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