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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3694
Experience:  Two years conveyancing experience.
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My next door neighbour has had the use of a piece of my land

Customer Question

My next door neighbour has had the use of a piece of my land for about 10 years. Now that the fence between us has burned down I like to establish the correct boundary but since she has had the use of this small piece of land, does it now become hers.
I have lived at the property for 7 years and did not measure the ground at that time.
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. To make any claim for adverse possession on the property she would have had to have occupied it for 12years without the consent of the owner. If she had the consent to occupy it, then she would not succeed in an adverse possession claim. If you are putting the fence up, it is your right to put the fence on the correct boundary as long as you can prove where the boundary is. I look forward to hearing from you. Kind regards AJ
Alex J. and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much, this is exactly the answer I was looking for. I rate you 100%
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your kind feedback.
Please do not hesitate to contact me if I can assist you any further.
Kind regards
AJ
Customer: replied 2 years ago.
I do have one question. In your reply, you do say "If she had the consent to occupy it, then she would not succeed in an adverse possession claim. --- I do not quite understand that one line."
To me it reads, that if she had the consent to occupy, I would not be able to claim my piece of land back. Or please make that one line more clear. Thank you!
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. A claim for adverse possession requires some one to occupy another person's land without consent for the requisite period (12 years). If you consent to someone occupying land that belongs to you (i.e give them permission implied or otherwise), then they are lawfully occupying that land and accordingly will not be able to make an adverse possession claim on it (i.e a squatters rights claim). If you consent to someone being on your land they are by definition not squatting. Can I assist any further? Kind regards AJ
Expert:  Alex J. replied 2 years ago.
Do you know which year the fence was erected? Kind regards AJ