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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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A fence on a property that I now own ( last 18 month)

Customer Question

A fence on a property that I now own ( for the last 18 month) has been erected for the last 16 years - do I own the land ?
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstCould you explain a little more about your question please
Customer: replied 1 year ago.

Of course, I moved into a premises that back onto a golf course - a stream between my property and the golf course is the boundary as we saw on our deeds however a bridge was erected and a fence on the Golf course side by the previous owners and has been in place for the last 16 years. We have just had a letter from a Surveyor saying that we have encroached on his clients land ( golf course owners) and they have suggested to take down the fence and the bridge or alternatively get in touch to come to an arrangement - I have had erected on this enclosed land a decking and I was seeking legal advice as I am under the understanding that if it has been enclosed for such a long time that there could be a legal right to ownership. - Lawrence

Customer: replied 1 year ago.

Are you still dealing with my question Clare?

Expert:  Clare replied 1 year ago.
My apologies for the delayHow large a strip are we talking about?
Customer: replied 1 year ago.

around 5 meters by 12 meters. It has been maintained by the previous owners and fence for some 16 years and my thoughts were that under the Adverse Possession Law that although they did not approach or apply for the land the owners have never had any interaction with the land , as in maintaining it , in all that period so I may have some right in contesting the Surveyors letter by stating the Law?

Expert:  Clare replied 1 year ago.
Certainly had you not received a letter then you could have claimed Adverse possession of the property on the grounds that you and your predecessor had cared for the property for the last 16 years - but had the owners opposed the registration it would have failedYou can read more herehttps://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-landHowever if you applied now and were refused and then the owners do nothing about it for another two years then you would be registered as the owner at that time.The tone of the letter you have received does not suggest that they want the land back and it is equally unlikely that they want the kind of costs the disputed adverse possessions costs can bring so it may be possible to resolve the matter with a relatively modest paymentI am sorry not to give more positive news - please ask if you need further details
Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks fior the reply, would I apply to the land registry office?

Expert:  Clare replied 1 year ago.
At present of you do apply for Adverse Possession it would fail as clearly the owners will challenge it - however yes you are free to make the applictaion to the Land Registry
Customer: replied 1 year ago.

Thanks for the advice

Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well