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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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We have lived in our present property for eight years. New

Customer Question

We have lived in our present property for eight years. New neighbours bought a derelict cottage over a public footpath from our house and are now disputing that our boundary wall is not on our land. The land between their garden and ours is a public right of way and recently they a have got planning permission to build a driveway on condition our wall is knocked down and put in the right place, even though this wall has been standing for thirty plus years, we have parked outside our house for eight years now and our vehicle will be misplaced and we live up a private lane. They neighbours are very nasty and have upset the whole neighbourhood and are threatening us with court. Apparently they have also found a law from 1830 which might give them grounds to reinforce the removal of our wall. We have contacted our lawyers but we don't have alot of disposable income and they do as they are very wealthy. It is causing great distress.
Submitted: 4 years ago.
Category: Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

If you bought the property eight years ago, the extent of your title should be shown on your land certificate. A surveyor should be able to use that and do a land survey to find out if the wall is within your boundary.

I have been dealing with property and boundaries for nearly 30 years and am uncertain which law is being cited from 1830. Please let me know what they are on about.

Plus, if they say the wall is not on your land, who owns the land that the wall is on?