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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Property Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I have a boundary dispute with my neighbour. I have asked

Customer Question

I have a boundary dispute with my neighbour. I have asked for legal proof that he owns the land he has fenced off. I have today been advised by his solicitor that he is registering the land with the land registry. How can I stop him before the boundary is determined?
Submitted: 4 years ago.
Category: Property Law
Expert:  James Mather replied 4 years ago.
Are you saying you own the land?
Customer: replied 4 years ago.

Yes but the exact boundary is not clearly seen on the 1:1250 plans that I have seen and any title deeds that I have seen with drawings show the land as mine but there are no exact measurements

Customer: replied 4 years ago.


Expert:  James Mather replied 4 years ago.

Is your land registered at the land registry?

Who uses this land, you or the neighbour?

We need full background please.

Customer: replied 4 years ago.

My land is registered at the land registry

My neighbour has fenced off the land so I cannot access it to use it

He uses it to store old building materials and rubbish

The area that is fenced off is approximately 35 inches away from my house so that to open the original front door - which opens outward, would almost touch the fence. I have tried to attach a picture but your server will not allow

Expert:  James Mather replied 4 years ago.

So, out of the
blue, he has taken it upon himself to suddenly fence this land which is on yr
deeds as yrs and is regd at the Land Registry to you and apply to have the
title changed into his name? That seems most odd.

If he uses it to
store things, how long has he done that for? If he uses it why doi you want to
access it?

"original" front
door. Please explain.

I need fine
details please.


Customer: replied 4 years ago.

When I purchased the property 11 years ago the house had been vacant for some time. It had to be during this period that my neighbour fenced off the property. I have not been able to gain access to the land because he has fenced it off. The land is immediately outside the old front door to the property which accesses the living room. My neighbour has not taken the land with consent, but if I remove the fence I could be charged with damage and I have asked him to remove it but he has refused. The land registry documents do not go down as far as feet and therefore I am trying to dispute the boundary and need guidance how best to do that.

Expert:  James Mather replied 4 years ago.

So the neighbour
has fenced the land off and been using it for 11 years? During that time, he
has had exclusive possession?

I'm afraid to
tell you that in which case, he is entitled to have the land registered as his
own under the doctrine of Adverse Possession.

He has occupied
it without consent and it appears without objection and not in secret for over
10 years.

If however you
have proof that you have objected to this over the last 10 years, you can
oppose his application for registration. Once the registration application is
received by the land Registry, they will write to you in any event.

If you have
simply let sleeping dogs lie during the course of the last 10/11 years, that
really does thwart your defence to his application.

I appreciate that
this is not the answer you wanted but there is no point in me misleading you

Does that answer
the question?

Can I assist any
further with this? Please bear with me today and this weekend because I will be
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