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Category: Property Law
Satisfied Customers: 33540
Experience:  Barrister at Self Employed Barrister
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I bought a house in February 2008 which included a decking area. My new neighbour has just

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I bought a house in February 2008 which included a decking area. My new neighbour has just sent me a Letter of Claim that my decking is on his land. The 1941 Title Plan differs to the Land Registry General Boundaries by an angle of a few degrees such that my decking is on his land according to the Land Registry Title but not the Title Plan. My neighbour has also had a survey plan made by a surveyor but it too has perpetuated some errors. Which will take precedence?
The starting point would be to go back to your conveyancing solicitors who would have purchased the property for you and may have some further information on this issue - part of the answer is actually how long you have had this area within your land - irrespective of which deed/plan takes precedence. The key is not necessarily the document but what land you have had and for how long. Happy to discuss. Please rate positive
Customer: replied 2 years ago.
I appreciate that I have only had the property since 2008 so for less than 8 years so Limitations Act would suggest not long enough for property/trespass limitations but the property details said that I got a decking area and I've had 2 previous neighbours and a trustee since I moved in without any objections from them. I don't think length of residence is a defence for this case.
Since the Title Plan shows my decking on my land, isn't that good enough?
was the fencing or boundary line in place prior to 2008?
Customer: replied 2 years ago.
Sorry. It was only installed in 2007 :-(
I see. Well the position remains for you to check the information which your conveyancer holds. The boundary will sit as per the present land registry deeds and registration - if there is an alleged error it will be for the neighbour to provide evidence for a rectification. I hope this helps. Please rate positive
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