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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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Please can you tell me if The 10 year rule applied to property

Customer Question

Please can you tell me if The 10 year rule applied to property boundaries is absolute, thank you. Ruth
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
Will I receive an answer today please ?
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.
Please continue, thank you. Ruth
Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Clare replied 2 years 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 the background to your question please
Customer: replied 2 years ago.
Hi Clare,
I have a property which has a frontage measurement on the Title Plan which was confirmed as correct along with the side fences & rear fence when I purchased the property in 1987. lived at the property for a few years and then let it out on a room share assured Short hold Tenancy basis. In August last year I ended the ASTs & amongst other work cleared all the overgrown shrubs down one side , demolished an old shed & instructed a firm to erect a new fence which then showed that the boundary on the ground has changed. The neighbour has also built a fence beside my car port. The boundary previously being obscured by overgrown shrubs & tenants belongings & tarpaulin they'd put on the side of the car port. The next door property changed hands in 2012 & prior to that in 1997. I have checked their Title Plan & it is the same as mine with regard to boundaries. I am of the opinion that behind the old shed , overgrown shrubs & tarpaulins the tenants had put up, there has been a change to the boundary unknown to me. The conveyance of the next door property confirm the correct boundary & in both 1997 & 2012 the property purchasers bought the property next door confirming the boundary on The Title plan to be correct. I believe that fencing was changed by the property owners who owned next door 1997 - 2012 unknown to myself. The current owners purchasing with the knowledge that the boundary was incorrect. My understanding is that if a boundary is changed "in secret" & without the knowledge of the land owners + the purchaser bought next door knowing the Title Plan showed the correct boundary & what was on the ground was incorrect then the 10 year Rule isn't Absolute ?
Expert:  Clare replied 2 years ago.
How much land is involved?
Customer: replied 2 years ago.
3ft 3ish, reducing the plot to about 30ft width but is a significant amount if I decide to extend to the side. The property is in SW London area.
Expert:  Clare replied 2 years ago.
My apologies for the delay.What evidence do you have that the boundary has moved?Are there any old fence posts etc?