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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 33008
Experience:  Over 20 years experience
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About 12 years ago I built an extension to the rear of my house.

Resolved Question:

about 12 years ago I built an extension to the rear of my house. unbeknown to me the builder had encroached over my neighbours boundary by 4inches ie. one bricks width for about 2metres length.my neighbour now insists that the wall has to come down and does not seem to want to resolve the situation any other way. can he make me do this taking into account the length of time expired without previous action being taken.
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas Judge replied 2 years ago.
Hi, The key will be to work out the exact dates as to when this alleged trespass took place (I would also suggest that you are sure that you have encroached and a surveyor should be able to confirm this for both of you). The 12 years adverse possession rule has changed as a result of the 2002 Land Registration Act. The law sets out the following:-after 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the landon such an application being made the registered proprietor (and certain other persons interested in the land) will be notified and given the opportunity to oppose the applicationif the application is not opposed1, the squatter will be registered as proprietor in place of the registered proprietor of the landif the application is opposed, it will be rejected unless eitherit would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the squatter and the squatter ought in the circumstances to be registered as proprietorthe squatter is for some other reason entitled to be registered as proprietorthe squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application.in the event that the application is rejected but the squatter remains in adverse possession for a further two years, they will then be able, subject to certain exceptions, to reapply to be registered as proprietor and this time will be so registered whether or not anyone opposes the application. Ideally you would want to see if an agreement can be reached.Happy to discussPlease remember to rate positively - thanks
Customer: replied 2 years ago.

would offering payment be an option and if so what sort of sum in your opinion would be fair ?

Expert:  Thomas Judge replied 2 years ago.
Making a payment would be an option - you would need the surveyor to give an idea as to a reasonable figure - considering the cost of land etc where you live - that said you are looking a fairly small area.Please rate positively - will still be able to help
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