Ownership of Land

[IdefixUK]

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.

+1
I agree with Ukmicky, from what you've shared about this situation a claim for adverse possession by the neighbour would likely fail.

[piccadilly]

Ukmicky/IDEFIXUK,

Thank You.

I haven’t received the surveyors report yet - I have no experience of dealing with these matters - so I don't know the detail yet.

Do you think a neighbour could challenge the accuracy of the Land Registry Plan? The surveyor who has inspected the previous conveyances going back 90 years has told me verbally that in his objective opinion it is accurate.

I await the written report and then as an additional guarantee will speak to a solicitor.

[Ukmicky]

Any opinion can be challenged which is why the courts are full of cases if. Can you post a pic of your title plan and your neighbours and mark out the disputed land . Remove anything that may identify you address

[piccadilly]

UKMICKEY
I have enlarged and traced the title plans onto a plain piece of paper.
The disputed land is shown hatched in blue.The plan, as I see it, indicates the land clearly belongs to me.
The previous owner of my property allowed the neighbour use the land as he wished so that may be a sticking point.
I still await the surveyors report.
Regards,

[atticus]

Permission to use land can be revoked or terminated. Do you know the terms of the permission? Was this information disclosed to you when you bought the property?

[piccadilly]

Atticus,

Thank You.No it was not disclosed to me at the time of buying.

My solicitor just outlined the land as shown in the Land Registry schedule - which clearly shows the disputed land is included in my title.

[piccadilly]

Sorry Atticus,

I didn’t fully answer your question - there is no formal agreement .The neighbour actually thinks the land is jointly owned because he has had access to it for the last 20 years or so.

He may challenge the Land Registry Plan

[atticus]

Challenges do not always succeed!

As it is, you have the upper hand here.

[piccadilly]

Atticus,

Thank you - I expect the surveyors report tomorrow- I will then pass it to a solicitor.

Regards,

[piccadilly]

I have now shown a solicitor the surveyors report and he has replied as follows:-

“I have read the surveyors report to you and I do not disagree with any of it.Your clearly have unequivocal right of ownership”

The surveyors report also indicates that we actually own the vast majority of what was thought to be a private drive serving the two properties,a small section only of the drive is unregistered and it contains a covenant allowing ourselves and our neighbour to pass and re pass over this section only.

Most of the drive is therefore part of our registered title according to the original conveyance re the the sale of land for building in the first place ,and referred to in subsequent conveyances - and therefore takes precedence over the general boundary shown in the Land Registry document.

Our neighbour constantly parks on this land - a practice that has been going on for many years - I need to have a further conversation with the solicitor, but before doing so I wonder whether I can put (say) a heavy trough ,or even collapsible bollards to prevent parking or access by any vehicle.An unfortunate consequence of this is that it would make it awkward for our neighbours to reverse out of their drive but at least it would stop them parking.

[piccadilly]

My neighbour has told me he is going for adverse possession on the basis he has maintained the land in the past.

So back to the solicitor tomorrow!

[atticus]

Adverse possession? On the basis of what you have said to date, not least as the land in question is within your registered title, that's a joke. Your solicitor will be able to advise.

[piccadilly]

Atticus,
Thank you.Your reply gives me a great degree of comfort.
Kind Regards

[atticus]

Read this: https://www.gov.uk/government/public...egistered-land

Read it all, but note 2.1 to 2.3. Your solicitor ought to know this.

[piccadilly]

Atticus,

Thank You.I have read the document but find it quite complicated - my solicitor isn’t back from holiday until tomorrow.

The hedge on the land in question has been cut and shaped at my expense using a professional tree surgeon for the last 5 years i.e.since I have owned the property, and last year I planted a few small bushes on the land and erected a number of nesting boxes.

I am in the process of putting up a small fence to show the boundary as determined by the surveyor.

When I first moved in, I cleared the land of rubbish including car parts ,corrugated iron ,rubble, brush cuttings etc and there was evidence and sightings of rats - now thankfully clear.

I feel instinctively I have a strong case to retain my registered title but we will see.

Your help is much appreciated.

I will keep you informed.

Kind Regards,