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Council land/boundary issues

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  • Council land/boundary issues

    Hello new here and after some advice
    brought a semi detached house end of 2018 have been doing the hole house and gardens up.At the side of house is a very old curved block wall about 5foot tall 5m long laid on a concrete slab the size is about 6m x 5m from side of house to block wall and spans the length of house, the block wall curves off the front fence line and come back to the back garden fence by about 2 foot the other side of the block wall is high stingers on council land(a old brick factory now a nature park) my neighbours said this wall has been up 25-30 years
    now I’ve just finished putting a car port on side off house. and it’s sitting on this wall,because I’ve been working round the back of wall and had to push all stingers down it’s made the wall visible last week I had letter from council saying to remove what I’ve built as on council land after phoning and talking to the council man he said he had a report from the park team that I’ve built this wall I’ve explained that wall has been up 25-30years and was there when we bought the house and if need be can get statement from neighbours confirming so also have the estate agents paper of the house when we bought it and wall is clearly seen. The block wall is made from very old blocks that they do not make these days and also the brick ties.
    Now he said his going to investigate and get back to us.
    so trying to find out were we stand as want to keep the wall and car port in place any feed back will be much appreciated. thanks
    Tags: None

  • #2


    I should think the place to start is your land registry file.
    you can get a copy here https://www.gov.uk/search-property-i...-land-registry
    Obtain title Register and plan (total cost £6) and see what it states about boundary and then await council's next communication

    Comment


    • #3
      Sorry I don’t think I’ve explained it to good.
      we have the plan and it looks like it is over by about 2foot x 5m long and one of the last owners built it about 25-30yrs ago because it’s been apart of the house land and sold twice before us and concrete was laid from my front door all the way 2foot over the boundary laid in one and wall built on top and been maintained for over the 10-12 years without anyone questioning it does this become our land ? And if council ask to remove wall why would this be my problem at a cost if I’m not the one who built it ? Thanks

      Comment


      • #4
        Presumably you would prefer to keep this strip of land, but there's not much you can do until the council get back to you.

        If you are sure the wall is not on the true boundary (title maps are only indicative and not necessarily accurate) it might be possible to make a claim for adverse possession. The council would probably object to such an application and it could become costly.

        If you agree it is council owned land they might possibly agree to either sell or lease it to you as obviously it hasn't been of much importance to them.

        If the worst comes to the worst and the council insist I don't see why you should pay to demolish a wall which is not yours, not built by you and on someone else's land

        Comment


        • #5
          Thanks for the info been a big help, I will look into this adverse possession thanks again

          Comment


          • #6
            Check if the title to the neighbouring land on which this wall stands is registered at the Land Registry. If it is, adverse possession will be difficult.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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