Boundary Dispute

[QuickDraw]

If you have left her in effective possession for too long, adverse possession applies, at least in England. That's how we came to own our half of the ransom strip retained by developer the between our property and our neighbour. No dispute, but they'll have to pay to get vehicular access from the planned retirement bungalow in a corner of their large garden, into our cul-de-sac. Our fee will be quite reasonable, starting at 5 figures....

Yeah, I was a bit worried about that but I checked the details and for her to claim adverse possession she'd have to make a formal claim with the land registry and they'd have to inform us and, unless there were some exceptional circumstances, any objection from the land owner would result in her claim being rejected.

I phoned the Citizens Advice Bureau and they told me that "the title deeds are the be all and end all" and she has no legal way to stop us putting the fence where we like as long as it doesn't cross the boundary. They suggested giving her some compensation to make things a little less acrimonious and also save on legal bills.

 

[BentMikey]

They suggested giving her some compensation to make things a little less acrimonious and also save on legal bills.

Awfully sensible! I would put out quite a bit of effort in charming her to avoid having acrimonious neighbour relations myself.

 

[Fnaar]

Awfully sensible! I would put out quite a bit of effort in charming her to avoid having acrimonious neighbour relations myself.

Sounds like a good ideas, but you can bet your booty that someone will say to her "He's just trying to buy/fob you off, there's some other reason", so she'll get all uppity and assiume you've struck oil on that strip of land or something, and escalate procedures to a riveting but expensive and adrenaline fuelled court case, after which you'll emerge bleary-eyed from the court and sit down on the kerb next to her and wonder what it was all about. Just my two penn'orth

 

[Nortones2]

Yeah, I was a bit worried about that but I checked the details and for her to claim adverse possession she'd have to make a formal claim with the land registry and they'd have to inform us and, unless there were some exceptional circumstances, any objection from the land owner would result in her claim being rejected.
.

Indeed, the claimant has to make out a case, and have supporting evidence, e.g of having used and maintained the land without let or hindrance for many years. We were able to do that and now we have the Land Registry records. At least it gives some leverage, if not control, over future attempts to turn the cul-de-sac into a feeder road to a new mini-estate, which the adjacent large garden could easily become. Had to convince the Highways authority that they did not own the land beyond the pavement at the head of our cul-de-sac, the hedge etc.

 

[Over The Hill]

I am a property lawyer but based in England so all may not apply over the border.

Her own land is not in the argument - so no matter if she is renting or owns her own garden that is not part of the problem. She can own your bit even if she is renting her own house.

She can try to claim "your" bit if she has exclusively used it and claimed it for 12 years. She can try to claim it if for less or if you have indicated you have given it up.

You need to lay claim to your land - if you are asking her for consent you are admitting it is hers. Go on the land and use it. Put a bird house on it and tend it or anything to exercise your ownership.

Try to sort is out without too much fuss as you will have to declare this dispute when you come to sell the house and you will not sell it with a stroppy neighbour.

You were daft giving it up in the first place!