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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10719
Experience:  Barrister 17 years experience
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We have lived in or home years, our now neighbours moved

Customer Question

We have lived in or home for 16 years, our now neighbours moved in 9 / 10 years ago. recently me made over our back garden. our neighbour suddenly out of the blue asked for his land back. our border has hydrangers between us we are speaking about is approx 2 feet wide by 15 to 18 feet long. When our neighbour moved in they erected a fence in 2feet in front of our plants. then a few years later erected another higher fence. I dont know what to do. can you please advise . many Thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Buachaill replied 2 years ago.
2. Can you better explain the situation. How did this piece of land, which is 2 feet wide by 15-18 feet long come to be held by you? WAs it given to you? Or was the fence erected in the wrong place?
Customer: replied 2 years ago.
when we bought our house the boundary was already in place, and was never an issue, and the house was sold with the boundary in place
Expert:  Buachaill replied 2 years ago.
3. The first thing I would advise you to do is to get a boundary survey done. You can use a surveyor from the ROYAL Institute of Chartered Surveyors. Here is a link to their boundary disputes page http://www.rics.org/uk/knowledge/consumer-guides/boundary-disputes-guide/. You can use the "find a surveyor" link on the right hand side to find a surveyor near you.
Expert:  Buachaill replied 2 years ago.

4. Legally speaking, it is important to determine where the boundary is. This is because in England & Wales, the registered title is paramount and determines where the boundary lies. Over 89% of land in the UK is registered land, so, given that your house was sold recently, my guess is that it is registered land. In which case, it is not possible to claim areas of ground by mere possession, or squatter's rights. So this is why you get a survey done.

5. When you have the boundary surveyed, then you need to show this to your neighbour, as this will govern the issue as to where the boundary lies. Legally speaking, the fence will have to go in this position.