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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice.
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If a boundary is marked by trees and fence, but it does not

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If a boundary is marked by trees and fence, but it does not follow the edge of the land registry title plan, does the 'new' boundary become enforceable thirteen years later?
Previous owners of our property placed boundary in wrong position, 'gaining' approx a metre strip of land. On land registry title plan this strip still appears to belong to neighbour. It has gone unnoticed for many years until neighbour's house sold.

Thank you for your question. My name is ***** ***** I will try to help with this.

If a property owner (you) has in effect enclosed a piece of land by moving the boundary over by 1 m, and you can prove that the new boundary has been in place 10 years if the property is registered or 12 years if it is not registered at the land registry, you can apply to the land registry to have the strip of land which you have gained, registered as yours under the doctrine of adverse possession.

One final thing, and that is that to gain ownership of the land by adverse possession the person must’ve occupied the land without consent or objection and not in secret for the requisite period.

You will have to prove that the boundary therefore has been in place for that period of time.

Can I clarify anything for you?

Customer: replied 3 years ago.
The land beyond the 'false' boundary was purchased by us from the neighbour last year and the incorrect position of the boundary was unnoticed by either party during the transaction. We understand that the neighbour was also involved in the erection of the fence and planting of the trees sometime in the past thirteen years. I believe that this also strengthens our case.
Can you clarify how it can be proved a boundary has been in place for over 12 years? What kind of evidence?

Photographs, witness statements and receipts for fencing are the usual proof

Customer: replied 3 years ago.
Is transfer of ownership also an option?
Cheaper, quicker and stress free if they will agree.
You will need a scale marked up plan
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