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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 7222
Experience:  Owner at James Bruce Solicitors
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I have a question on my boundary with my neighbour,

Customer Question

Hi - I have a question on my boundary with my neighbour
JA: What are you located? It matters because laws vary by location.
Customer: Yorkshire
JA: Has anything been filed or reported?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 16 days ago.
Category: Property Law
Expert:  james bruce replied 16 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter. 

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

How may I assist with your neighbour boundary issue?

Customer: replied 16 days ago.
We have an established boundary line at the front of our properties which is our front lawn going directly onto their driveway.Our neighbour wants to extend his drive onto our lawn on the basis that the boundary line is actually where our lawn is.In the attached this would extending their driveway up to the drain covers.So, my question is around the legality of this and the process to be followed if there is a legal basis for this claim.
Customer: replied 16 days ago.
The properties were built circa 2001 and we have been in our property since 2006
Expert:  james bruce replied 16 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

You would need to consult with the title deeds and plans for both properties and see exactly where and who owns that part of the land on the title deeds.

Customer: replied 16 days ago.
there could be a claim to that part of our lawn if there has been an error in setting up the boundary when the properties were built?
Expert:  james bruce replied 16 days ago.

Sorry to say yes there could, but it is unlikely to be an error.

The title deeds and plans will show the boundary and ownership.

You can obtain full copies for both property form the land registry online for £3.00 each copy.

The link below is directly to that page.

Can I assist or clarify anything further?

Customer: replied 16 days ago.
Thank you and nothing else from me at the moment.
Expert:  james bruce replied 16 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 16 days ago.
Hi - does the amount of time the boundary has been set out as it is currently make any difference?
Expert:  james bruce replied 16 days ago.

Many people believe (wrongly) there is a 7 year rule for a boundary, this is not the case.

Instead of trying to show that the boundary has always been where it is presently marked (e.g. by a fence or hedge, etc), it is often easier to rely upon a long period of occupation of the land as giving rise to ownership, or the right to apply for it, by virtue of “adverse possession”.

Adverse possession is a complex area and the law changed in 2003 but as a brief summary, if a neighbouring owner can prove the right sort of continuous and exclusive possession of the land for long enough (more than 10 years) they may have acquired, or be entitled to acquire, title to the land, even if it was not theirs in the first place.

You would need to consult a local property lawyer regarding this.

Customer: replied 16 days ago.
Thank you
Expert:  james bruce replied 16 days ago.

your welcome.