Our house boundary plan at the land registry office shows a

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

May I clarify that the boundary line in practice is not the same as it is on the ground but your neighbours and you both agree that the physical line is the correct boundary line. Is that correct please?

May I enquire if you are still typing? FYI I should not need extensive detail on the above (to save your fingers) in order to assist.

Thanks - just reviewing...

If you are able or for that matter unable to agree the location of the boundary line you can ask the Land Registry to determine the boundary on the title plans by instructing a surveyor to prepare a a very precise plan showing the exact line of the boundary in the surveyors opinion. The cost of this surveyor can either by coverred by you or shared between you and your neighbour jointly and can in the case of agreement between you and your neighbour be prepared in accordance with your joint instructions. You will need to use a RICS qualified surveyor to draw up a plan. You then complete form DB (link below) and send to the Land Registry who will inspect the same and serve a notice on your neighbour offering him the opportunity to object to your proposals.

http://www.landregistry.gov.uk/_media/downloads/forms/DB.doc

There is a fee of £90.

If your neighbour agrees to this proposal as you suspect they will your respective title deeds will be updated with precise measurements which are legally binding going forward and the plan updated to show the agreed new boundary line. If theneighbour were to object to the proposal then this would be treated as a a boundary dispute which can be determined by the Land Registry Adjudicator though from what you say this is not likely to be the case.

Is there anything above I can clarify for you?

A surveyor will be easy to find to draw up a plan as almost every surveyor has this basic skill. You can either find one via google or via RICS using the following link:

http://www.ricsfirms.com/

Is there anything else I can help you with?

Sorry to clarify - is the land in question which you wish to claim owned by your neighbours according to their title?

Oh sorry we are at cross purposes then - I had understood from what you say above that the land in question formed part of your neighbours title and it was just that the line fell in the wrong place. If your neighbours are not shown on the plan as owning the land in question either the above is not the correct process. So if we can start again. Is the land in question physically enclosed within your land in practice?

Thanks. Is it part of your garden fence in or similar? If so since very roughly what year has this been the case?

Thanks. On that basis you will have a claim for adverse possession of the land. A completely different procedure is required though and none of the above procedure is applicable. In order to raise an adverse possession claim you need to show that you have excluded all others from the land and treated it as your own. This requires typically evidence of a boundary which enables you to control access by third parties. From what you say this should not be difficult to show in your case.

This is the form you would need to make the application.

www.landregistry.gov.uk/_media/downloads/forms/ADV1.pdf‎

Not at all. Sorry the above link is not working. This one appears to be though:

http://www.landregistry.gov.uk/_media/downloads/forms/ADV1.pdf

You will also need to supply a statement confirming the period it has formed part of your garden. Ideally you will be able to show 12 years prior to 2003 which means you can claim the land under the old system of advers possession which is better than the more restrictive current set of rules. From what you say this should be no problem for you. You can use the following form to provide the statement but in practice you will likely wish to ask a local solicitor to assist you with the same:

http://www.landregistry.gov.uk/_media/downloads/forms/ST1.pdf

You will not need a surveyor for this application but you will likely want to ask a local solicitor to assist. Alternatively if you prefer I can assist you in preparing the relevant statement and application for a fee of approximately £175-200 if you prefer which is likely to be around half the cost of a high street solicitor though of course you may prefer just to hand it over to a local solicitor.

If you require any further assistance though please let me know.

I would be delighted to assist if you wish me to. It would be necessary for you to email me a number of documents and for me to do likewise.

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I will then be able to respond and confirm my email address and we can then correspond by email directly to complete the registration formalities. You can of course ask any further questions without further charge you may have

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