Land boundary in wrong place.

[zaffy]

The boundary between my neighbour's land and my land is in the wrong place. The fence has been there many years. All paperwork has been sent to Land Registry and OS have visited my property. I presume Land Registry cannot move the line on the map to agree with the actual fence without informing the neighbour. What length of time is given to the neighbour to respond to the information? Thank you.

[des8]

Hi and welcome
What sort of response are you expecting?
What is in the incorrect position:fence or line on map?
Who is currently gaining land?
Has the boundary been determined?

[zaffy]

Hi and welcome
What sort of response are you expecting?
What is in the incorrect position:fence or line on map?
Who is currently gaining land?
Has the boundary been determined?

Thank you so much for responding.

I do not know the neighbour, so I am not sure what response to expect.
The surveyor says there is about a 6 metre discrepancy.
I will gain the land.
The fence has been there, to my knowledge, over 40years.

Thank you.

[des8]

I suspect the neighbour won't take kindly to what he will perceive as a land grab.
You know the fence has been in position for forty years.
Has your neighbour lived there all this time, or has he just moved in.?
You know the fence has been there 40 years: is this because this is a family house you have inherited or did you buy it with the fence in position?
When did you realise the fence was improperly positioned?

I would not be surprised if he makes a claim for possession based on uninterrupted exclusive occupation.

You may discover boundary disputes can be difficult and expensive to resolve, especially if they go to adjudication at the Land Registry and both parties employ specialist solicitors. They charge more than plumbers!

If the fence was put up by a previous neighbour you will likely face an uphill struggle. You will need evidence that it was moved from the original position, and there might be no one willing or able to testify on your behalf.

.So, unless this land has extra value, say because it allows you to build, you might decide eventually that the cost of reclaiming it exceeds its worth.

Try negotiating with your neighbour first. It could be financially sound to compromise

[zaffy]

Again, Des8, thank you for your input.
I have lived here for nearly forty years, the fences were in place and not new when I moved in and have never been moved or altered.
There are quite a few people around who can verify the fence has been in situ for a long time.
The neighbour has owned his property for about ten years. He is very seldom around. He owns a lot of acres.
There is a large piece of land between our houses.
I am going to move and my buyers discovered that the land boundaries are wrong.
A surveyor measured the land and found the 6metre discrepancy.
The estate agency informed me and advised me to hire a solicitor.
The solicitor sent forms to Land Registry about five months ago.
The solicitor has told me that I am not allowed to raise the matter with my neighbour.
Land Registry sent Ordnance Survey to measure the surrounding area in question.
I had the impression that my case is strong due to the boundary being there so long, however you have raised doubts.
The reason for my original post is to find out if anyone has experience of how long the procedure will take. I presume my neighbour has a certain length of time in which to respond. If say he has a couple of months, I can see this situation not being resolved for many more months or years.
I hope I have clarified the situation.
Thank you for your interest.

[des8]

So your buyers were happy to buy your house "as seen" but when the plans arrived they realised they might be buying more than they expected.
Aren't they prepared to continue with the purchase until the perceived discrepancy is sorted?

I would not be surprised to find your neighbour has acquired ownership of that parcel of land by (accidental) adverse possession.
As the land is registered he could apply to be registered as the owner after at least 10 years possession providing he reasonably believed, for at least 10 years during the period, that the land belonged to him. The discovery of the anomaly the land is not registered to him might prompt him to make application,

Why doesn't your solicitor want you to contact your neighbour?
I would have thought an amicable arrangement was more likely over a cup of tea than letters from solicitors.
Is he looking for his fees as land disputes can become very expensive.

Without that land your property is saleable.
Does the inclusion raise its value by more than you will spend in fees trying to keep it if your neighbour makes a claim?
You might not retain ownership anyway as the neighbour seems to have a good case


If you evict your neighbour from the land there is a six month time limit for him to make application to Land Registry, the exception being in cases where the adverse possession has been longer than 12 years

[zaffy]

Yes you are correct. The buyers are now in rental waiting to buy but will not buy until the boundary is finalised in a possessory title.

My land is 6 metres wider than the land registry map boundary. I have been tending the extra 6 metres for nearly forty years. I have an entrance gate at that end and have planted trees on it, and have a compost heap on it and sometimes park my car there. I have just treated it as part of my garden. I think if the neighbour felt it were his, he would ask me not to do so.

Your question: Why my solicitor does not want me to talk to my neighbour? From my understanding of the matter, this problem has to be dealt with legally.

The 6 metres is a very long strip, so a sizeable piece of land.

I hope the buyers will still want the property if I loose the case.

Because I have buyers, I have been trying to find out within what time frame my neighbour has to respond and your final sentence tells me six months. So although disappointed at such a time frame, at least I now know. For some reason, I thought it was two months.

Thank you for your help.

[des8]

I have misunderstood the roles of you and your neighbour.
I thought he was on your land, not that you were on his.

To clarify;
the 6 metre strip of land is registered to your neighbour, but you have been occupying it under the impression it was yours.
In that case you have had 40 years of unchallenged occupation, and it is most unlikely that he will be able to dislodge you.
So it is not in your interest to negotiate with him.

Regarding the time delay, hopefully your solicitor has requested Land Registry to expedite the matter as a sale depends upon it.
As the land registry survey has already been done it seems this request has been lodged
The current registered owner will be advised of the adverse possession claim and has 65 days in which to respond
He can either 1)consent; 2) object; 3) serve a counter notice or; 3)object and serve a counter notice

It is because of the complexities of the matter if the neighbour does other than consent, that the solicitor warns against contacting the neighbour

[zaffy]

Sorry if I mislead you. I tried to keep the info to a minimum read. Your response is reassuring and I am pleased that you have confirmed the 65 day limit. Hopefully it is now just a waiting game and who wants to move in this weather anyway. Zaffy.