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Ask wingrovebuyer Your Own Question
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I have just discovered that the legal boundary of my property

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I have just discovered that the legal boundary of my property extends over my neighbours driveway. The plot in question was created approximately 10 years ago by my other neighbours carving up their garden and selling a portion of it to a property developer but according to my deads they sold some of my land! Subsequently the developer built the house and sold it to the current occupiers 3 years ago. Can I get my land back?

wingrovebuyer : Hello. How did this arise? We're there no fences or walls defining the boundaries,or we're they in the wrong place too?
wingrovebuyer : Sorry, "were" not "we're" - iPad autocorrect!
Customer: Thanks for getting back to me. Yes there is a hedge but I have a statutory deceleration from the previous neighbour who owned all of the land adjoining my plot saying he planted the hedge on my land at the request of the previous owner who lived in my house. So both he and the previous owner of my house knew the hedge was a physical boundary not the legal boundary. Unfortunately the guy who signed the stat dec sold the property to the now neighbours who sold the plot off c. 10 years ago.
wingrovebuyer : Thanks. I think the stat dec remains very helpful. The new "owners" could try to argue that they have acquired the land by adverse possession but seeing as there was a clear permission that argument is defeated instantly.
wingrovebuyer : That being the case, I believe you could seek to recover your land or, at the very least, seek to rectify things with the new owners - perhaps by selling them the land.
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