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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 26796
Experience:  Senior Partner at Berkson Wallace
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We bought a house in 2006 with a boundary fence to a small

Customer Question

Good day, we bought a house in 2006 with a boundary fence to a small open piece of forest, this boundary had been up since the previous owners bought. apparently the fence has taken over approx 1.5/2 m of of the forest land. I have contacted the council and they say it is rented out for 99 yrs to a Sir Onslow. Do I have any rights to keep this boundary line as we want to build onto our house?
JA: Where are you? It matters because laws vary by location.
Customer: Guildford in Surrey, thanks
JA: What steps have you taken so far?
Customer: none just enquiring whether its worth it to pursue and if we have any leg to stand on ie rights :)
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes one or two of the fence panels are rotten and are held up with a peg to keep them upright. but there is 10m of fence so not sure if that will affect anything, we can stabilize them though
Submitted: 19 days ago.
Category: Property Law
Expert:  Stuart J replied 19 days ago.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Expert:  Stuart J replied 19 days ago.

To clarify - the fence was in place when you moved in in 2006?

and now you wish to extend your property to the boundary line?

Customer: replied 19 days ago.
I have requested a refund before receiving your reply and think I have managed to find out the relevant info already, as mentioned previously the fence was installed by the previous owners when they moved in within their 10 yrs ownership
Customer: replied 19 days ago.
no thank you, ***** ***** refund already
Expert:  Stuart J replied 19 days ago.

Let me answer your question anyway because it’s always good to have a second opinion. If you have been on Google, the information that you have found, particularly if it’s come from a forum may not be correct.

If someone has occupied a piece of land without consent and without objection and not in secret they can claim the piece of land under the doctrine of adverse possession.

So if the fence was, for example, several metres into adjoining land and the person has gained the land treats it as their own for more than 10 years without consent and without objection not in secret and the property/land is registered at the land registry (12 years if not registered) then they can claim adverse possession of that piece of land.

So applying that to your scenario, if you are that this extra piece of land and used it as your own since 2006 and you can claim adverse possession of it.

You make the application on form ADV along with a statement of truth form ST.

If the land is registered under will get notice of the application and if they dispute that you have occupied for 10 years or more it will underpin the land tribunal.

What is important therefore is that you have proof which is unequivocal of your occupation for longer than the statutory period.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart