Boundary question time!

<Dubz> · 2 Dec 2017 at 17:18

I've been living in my Maisonette for 13 years, when i moved in all 4 flats had a narrow but long section on the grass area outside.

Most had just a basic 1 foot chain fence.

About 9 years ago they lady below me erected a 3 foot fence along the garden which is fine. I then added a shed to the end of my stretch and a few slabs to get to the shed.

2 years ago a got a new neighbour to my right who made me aware that according to the original deeds the grass area is the property of the lower flats only (50/50) and no area for the upper flats.

The strange thing is the lady who lived below has basically reduced her garden size when she put up the fence, she has just moved out and i've gained new neighbours.

Where do i stand as far as the piece of land i've used as a garden for 13 years and has had a new fixed boundary for approx 9 years?

They've not mentioned it yet as it's only been a day or so but do i have any say if they do?

Basic image of arrangement currently

robj20 · 2 Dec 2017 at 17:37

Don't you have rights after 10 years, so if you can prove the 13 year statement it's yours. Covenants I think.
Either way best to soak to a lawyer.

mjd · 2 Dec 2017 at 18:00

robj20 said:
Don't you have rights after 10 years, so if you can prove the 13 year statement it's yours. Covenants I think.
Either way best to soak to a lawyer.

Think you mean adverse possession, but the law has changed and it's no longer as easy as to say you have used the land exclusively for X number of years.

https://www.gov.uk/government/publi...guide-4-adverse-possession-of-registered-land

Skillmister · 2 Dec 2017 at 18:34

So you've been using an area as your garden which, when you bought, you would have seen was not included in your property? Odd.

Anyway, adverse possession of registered land is pretty difficult as the owner gets a notice and the opportunity to object. The fact you've built a shed might help.

Are you saying that the whole area should be split into just 2 sections rather than 4? Again that might help especially if there are boundary features.

Basically you need to see a lawyer and be prepared to shell out several hundred pounds for them to look into it, plus land registry fees if you make an application and the potential for lots more legal fees if it gets disputed.

<Dubz> · 2 Dec 2017 at 19:29

When i first moved in it was my first place and i was young, i probably didn't read half the stuff that was thrown at me.

It just didn't occur and when the fence was put up it just seemed like everyone had the same opinion (even before i moved in).

guess i'll just have to see what happens, i don't use the land for anything other than a small shed, it wouldn't be the end of the world but it would be a shame.

It's the same on the right properties also

Access to my front door is through the now fences section, a footpath between the gardens and the building

Richie · 3 Dec 2017 at 09:12

First thing I would be doing is to get a copy of the deeds and read them myself... I would never take someone else's word for it.

fastwunz · 3 Dec 2017 at 14:06

I’m f I was a new owner who had bought my place in the understanding that it was my land, I wouldn’t be too keen on finding someone else using it....

Abyss · 3 Dec 2017 at 21:43

fastwunz said:
I’m f I was a new owner who had bought my place in the understanding that it was my land, I wouldn’t be too keen on finding someone else using it....

Why? You'd have done a viewing and clearly seen the garden segregated with a 3 foot wall and a shed in the other side that wouldn't have formed part of the viewing / plot advertised.

Whilst the new owner may have a reasonable challenge they are clearly trying it on in the hope of reclaiming land that was likely never suggested in the sale.

Skillmister · 3 Dec 2017 at 22:42

Reasonable challenge? You mean a legal right to reclaim what should rightfully be theirs. OP is the one who may have a reasonable challenge to keep it.

What the new people shouldn't have done is completed on the purchase with things as they stand, they should have insisted their seller resolved it.

Abyss · 4 Dec 2017 at 00:31

Skillmister said:
Reasonable challenge? You mean a legal right to reclaim what should rightfully be theirs. OP is the one who may have a reasonable challenge to keep it.

What the new people shouldn't have done is completed on the purchase with things as they stand, they should have insisted their seller resolved it.

Yes "reasonable challenge". Ultimately both the neighbours and the op could potentially have a legal right to the land depending on the specific circumstances. Unless of course you are aware of all the detail and have the expertise to ascert that the new owners categorically have the legal right to the land.

My guess is if it really was clear cut the neighbour would have dealt with it straight away or pre completion as opposed to waiting 2 years. Particularly given any decent conveyancer would have flagged this up in the purchase process.