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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in a semi detached my previous next door neighbour built

Resolved Question:

I live in a semi detached my previous next door neighbour built a small adjoining wall in the front gardens separating us which was fine. The wall was built well within the neighbours boundary they were a little generous according to the redline on the house deeds we have a bit of the next door neighbours garden. This work was done 26 years ago. The new neighbours want to build. Drive and take back their land. Do we have to give it back?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Was this land you acquired ever registered in your name at the land registry please?
Customer: Yes
Alex Watts : So it's in your name at the land registry? You claimed the strip?
Customer: Yes, when we bought the house the wall was there.
Customer: Are you still there.
Alex Watts : And on the deeds it has where the wall is? You own land from there or you do not?
Alex Watts : Yes
Alex Watts : Are you able to see the above ?
Customer: Are you stiil there?
Alex Watts : Yes. Can you see the above?
Customer: On the deeds there is no mention of the wall, I cannot see it
Alex Watts : But where the red line is does that match where the wall is. Or is it clear its off?
Customer: The red line on the deeds is halfway between the two houses. The wall is more on the next door neighbour!s land. It would seem we have some of his land we have inherited this problem from our previous neighbour who moved about 11 years ago. I thought there was a ruling if something has been erected for more than 7 years it stays in situ.
Alex Watts : Sadly no. The rules changed. It was 12 years without consent.
Alex Watts : that changed to 10 years but you need to make an application to the land registry to have it registered.
Alex Watts : The small strip that is so the deeds are a lettered
Alex Watts : altered
Alex Watts : If this was not done then it never belonged to you and sadly they can ask for it back.
Alex Watts : to be clear unless it's in your name, the strip. - they can ask for it back even after 20 years.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest
Alex Watts : can I clarify anything for you about this today please?
Customer: The wall has been up f26 years we have lived in our house 23 years. It should be in the deeds but where?
Alex Watts : Where the red line is.
Alex Watts : If it's not on the red line then it has not been included
Alex Watts : and if it has not been included they can claim it back
Alex Watts : I am sorry.
Customer: What would a marking for a wall look like on the red line.?
Alex Watts : It shows a boundary, if you want to be sure you need to get surveyor to have a look at the deeds and land.hey would then give a view where the boundary was according to the deeds
Customer: Thank you.
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