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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We have recently purchased a property and wish to replace a

Resolved Question:

We have recently purchased a property and wish to replace a wall and fence that are over 15 years old.
Our neighbour has a deed of covenant which details the width of his property dated 1886 and says that we must move the fence to comply with this. This means we will loose a strip about 2 feet wide and 60 yards long.
Does this old deed take precedence over the long established boundary?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

I think the neighbour is trying it on!

As rgeards the legal boundary to the 2 properties, you must look at the Land Registry title and see if it refers to any previous Transfers/Conveyances/ Deeds if it mentions specifically what dimensions of the property are. The 1886 Deed on its own is not relevant unless your Land Registry title refers to the Deed. Even if it does, provided you can provide evidence that the boundary has been in place for over 10 years, you would be entitled to make an application to the Land Registry for adverse possession, which would basically grant you a "possessory title" of the land in question. Any application merely has to show that your proeprty has had use of the land for 10 years without dispute and that your property has possessed the land- normally proved by the fact that the land is an intergral part of the property, which it is, if it is fenced in.

I hope this gives you peace of mind and sets out the legal position to you.

Kind Regards

Al

Customer: replied 2 years ago.
Many thanks
Expert:  Aston Lawyer replied 2 years ago.

No worries.

If you are happy with my Answer, I would be grateful if you could rate my answer.

Kind Regards

Al

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