Ownership of Land

[piccadilly]

We have a continuing boundary dispute with our neighbours regarding the ownership of a piece of land opposite our respective properties. The land is planted with a 20 ft high laurel hedge and they claim that the land is jointly owned, and they are entitled to cut the hedge down. This would affect our view, and in any case, I am opposed to the removal of trees.

We decided to employ the services of a qualified “boundary surveyor” who visited the site.

He has concluded, having also inspected the Land Registry documentation, OS maps, and conveyancing documents, going back to when the property was first built and sold over 90 years ago, that the land belongs to us.

We await his written report confirming this.

He has also confirmed that the hedge isn’t caught by the “High Hedges Act”.

Or intention is to leave the hedge in situ, keep it trimmed, and then plant hazel bushes behind it to create a wildlife sanctuary. We already have dormice nesting in the hedge.

To increase their protection, and to at least set a marker down, we intend to fence the land with a discrete chain link fencing in keeping with area.

The fence of course would not prevent a person ,armed with a chainsaw, who is determined to cut the hedge down.

The questions I have are:-

1. does the surveyor’s letter of confirmation have any legal status?
2. What action or remedy do I have if our neighbours, or their contractor, attempts to, or cuts the hedge down without our permission if we have established ownership of the land.

Thank You for your help and Kind Regards,

[atticus]

You should consider consulting a solicitor.

You may be able to apply to have this piece of land registered in your name. that would be the strongest legal evidence: at the moment the surveyor's report is evidence only of his opinion.

Until you can demonstrate that you have legal title to this land, you will have no standing to contest your neighbour's actions. Once you have established that you have legal title you will be able to take action to prevent what would amount to trespass.

[piccadilly]

Atticus,

Thank you for your reply.

The HM Land Registry document shows the plot outlined in red belongs to our property - Not easy to see but the surveyor is “certain” it belongs to us.

Your suggestion is sensible - we need a watertight case - so I need to see a solicitor.

If the solicitor confirms ownership - what remedy do I have if the neighbour cuts the trees down anyway?

Thank You.

[des8]

If the neighbour is disputing your ownership you will need to either come to an agreement with him about the position of the boundary or have it determined (https://www.gov.uk/government/public...ned-boundaries)
By all means consult a solicitor, but if the neighbour continues to dispute ownership be prepared for a long expensive campaign.

If the trees are cut down and it is proven to be your land (and trees) you could sue for their value and loss of amenity

[piccadilly]

Des8,

Thank You.

The document is detailed and complicated.I will speak to the surveyor about this in the first instance.

The neighbours Land Registry Plan shows that his red line boundary is no where near the land in question.

And although the surveyor is confident this is my land - when it comes to the legal position I am aware this may get tricky and expensive.

Regards,

[Ukmicky]

Does the neighbours title plan show they also own land bordering the disputed land

[piccadilly]

UKMICKY,

The neighbours title plan finishes about 10 yards short of the disputed land.My title plan shows the land as included.

That is why the surveyor, experienced in these matters ,is confident.

The neighbour will try to seek rights to the land as “custom and practice” in that he has cut down trees on the land in the past ,claiming ,he has “maintained the hedge” and “tidied up the trees” prior to ourselves buying our property.

The local wildlife trust wish to survey the land and advise on additional planting ,but I don’t want to waste their time and resources if the land is in dispute.Although I will make a substantial donation.

I think I need to pass the paperwork to a solicitor?

Regards,

[des8]

Custom and practice is useful in determining ownership of hedges on boundary lines, it doesn't give him ownership.
Cutting down trees on land one doesn't own gives no rights of ownership or access

Sounds as if you will have to determine the boundaries

[piccadilly]

Thank You for your help.

Presumably I will have to employ the surveyor to determine the boundary?

He didn’t mention this in his first survey so I will speak to him.

Regards,

[des8]

Section 4 of the link in post 4 gives details about determining boundaries, and you will need a chartered surveyor to draw up the plans

[piccadilly]

Thank You

[atticus]

If the land registry title plan is clear in showing that the land in question is within your title, then it belongs to you.

That being the case, can you please explain the need to consult this boundaries surveyor.

[des8]

First line in post 1 "We have a continuing boundary dispute with our neighbours regarding the ownership of a piece of land opposite our respective properties"
Title plans are only general/indicative.

If agreement cannot be reached about the position of the boundary it may be necessary to have it determined, hence the need for a chartered surveyor

[piccadilly]

If the land registry title plan is clear in showing that the land in question is within your title, then it belongs to you.

That being the case, can you please explain the need to consult this boundaries surveyor.

Atticus,

Thank You - a fair point - I needed confirmation that my interpretation is correct - so it was worth paying for the surveyor. I need to be as certain as I can.As Des8 points out there is still further work to do on this - I have already spent £1,000.

I have meeting with a solicitor once I receive the surveyors report.

[Ukmicky]

You don’t need a determined boundary . This isn’t a case of a general boundary and there is an argument as to whether the fence line is in the correct place. You have your title plan and it shows a plot of land is part of your title.. You either believe the surveyor or you don’t . If you do believe the surveyor and neighbour continues trespassing then unless you are prepared to let the neighbour take control of the land you will need to lat some stage consult a solicitor in preparation for legal action.
Hopefully you may not need to go beyond a few letters sent by your solicitor threatening legal action but you need to be prepared to go further.

As for their claim that their maintaining of the land means they have a claim over it ,if the land is registered it’s not that simple and under the law any attempted by them to claim the land legally can be thwarted by a simple objection.