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Property boundary and litigation experts needed urgently

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  • Property boundary and litigation experts needed urgently

    Hi, I have some issues with the neighbour boundary encroachment which in result of advice given by a conveyance. Potential time barred is approaching, I would be very appreciated if any experts in related field can reply asap. Thank you in advance
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  • #2


    Without more information it is not possible to give any advice.

    If you require expert advice you should be seeking professional help

    Comment


    • #3
      Good morning, I have done that but with very mixed advise. Came across this website, though give it a try

      Comment


      • #4
        The only advice we can give in the absence of information is as follows

        1 Talk to your neighbour. It may sound impossible, but you need to do it. Keep talking.

        2 Keep a diary. This is nowhere as easy as it sounds. Things which are very obvious on the say they happen will be less clear in ntwo days and again in two weeks and so forth.

        3 Avoid litigation. It is very expensive and unsure. If you win, you are left with a neighbour who dislikes you even more. If you lose you face (likely) bankruptcy.

        Comment


        • #5
          A brief background: I brought a freehold property in December 2016. Before purchase, I noticed boundary discrepancy and enquired about it to the conveyancer, noting the neighbour was using part of the land meant to mine. I was advice I won't have any issue and didn't investigate further.

          In January 2017, I wrote to the neighbours about their front door built on part of my land and learnt they claimed to have maintained the land long enough to acquire adverse possession (The disputed land is part of the recessed porch and the pathway leading to it) I then contacted Land registry and leant I could reject an application plus the neighbours were willing to resolve it amicably. I didn't feel there should be anything worrying. Till April 2022, I did a boundary survey and was advise to try to get their door open to stop adverse possession which would incur flying freehold to my property.

          I then sourced a mediator from RISC helpline and suggested mediation to the neighbours. We met and discuss the situation on mid August, following I wrote to them to remove the door. Even served "letter before action", they have not complied. Now the neighbours claimed they have lived there more than 12 years and the existing boundary has been as it is more than 20 years. The legal boundary automatic changed to where the physical boundary is. Subsequently the disputed land now belongs to them. The disputed land, the neighbours has "right of way" easement. The professionals I consulted also questioned the prospect of their case. The fact is it seems we won't know till pursue legal proceedings as this area is legally complex. However, that is a lengthy and expensive route only last resort. I would like to get ideas how others see this as the neighbours seem rather confident on their case (they claimed to have been advised).

          As to the conveyancer, I believe they have responsibility on the mess I'm in. Since the boundary issue is not settle and won't be soon, could I put a claim forward now?

          Anyone has been through similar situation or have knowledge around these subjects, please share your views.

          Many thanks

          Comment

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