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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 13114
Experience:  Barrister 17 years experience
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Neighbour through 12 year law deceptively by false

Customer Question

neighbour through 12 year law deceptively by false information acquired boundary land and is going to extent his house by 5m how do I stand if his acquision of land not notified to land registry
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No only just received notification from council of planning permission contacted solicitor to see if boundary has not been notified to land registry how do I stand having lost my husband so noone to turn to awaiting his reply but little time to submit opposition to council
JA: Where is the land located?
Customer: to the side of my house original boundary so he is going to build on it as he says the land is now his as I did not do anything within 12 years
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I dont think so
Submitted: 10 days ago.
Category: Property Law
Expert:  Buachaill replied 10 days ago.

1.  Welcome to JustAnswer! I am your Expert and I am pleased to answer your question.

Expert:  Buachaill replied 10 days ago.

2.  The good news is that the 12 year rule in relation to registered property wasa bsolished in 2003 and so no longer applies between you can your neighbour.  So, your neighbour cannot build on your land, nor can your neighbour claim the boundary has moved because he has used the piece of land for more than 12 years.  So, you can sue your neighbour to prevent him extending his house by 5metres into your land and get an injunction to get him to remove anything that might be there now which is his property and doesn´t belong to you.  So, I would advise you to see a solicitor and get the solicitor to point out to your neighbour that adverse possession or squatter´s title was abolished in relation to registered land in 2003 and it is no longer possible to seize adjoining land just by using it or by occupying it.   You should also write to the Council and state that the planning permission obtained is invalid because it encroaches unlawfully on your land.  GEt your solicitor to do this also.

Expert:  Buachaill replied 10 days ago.

3.  If you require any further clarification or if there is additional information you require, I am happy to provide it to you.

Customer: replied 10 days ago.
101% you don't realise how you have helped me am now pursuing necessary action but I know he will not accept matter as chairman of planning committee has visited and said he will grant planning permission. don't know where I can go from now just take my house off market as I will never be able to sell it now.
Expert:  Buachaill replied 10 days ago.

4.  You should get a solicitor to get an injunction issued to prevent this abuse taking place.  This is how you get a sale.  The injunction can state that the neighbour is not to interfere with your sale and that the land is yours.  This is the way forward if you want to sell your property.