Boundary dispute solicitor

[Gerard55]

Hello, I'll try to keep it brief. I am involved in a boundary dispute with my neighbour. During lockdown he moved the fence such that he has now appropriated almost 2m of my garden into his. I have asked him a number of times to move the fence back to original position but he won't cooperate. Have evidence that the fence stood in the previous place since at least 2008... So that's 12 years. As I understand it, our best bet is to claim adverse possession. Can anyone recommend a good solicitor that specialises in boundary disputes? Thank you.

[des8]

If you need a solicitor try our sister site Just Beagle... there's a link bottom right of this page.

Regarding the moving fence have you checked the boundary as shown on your title deeds?
It is only indicative.
Here's practice directions regarding adverse possession claims https://www.gov.uk/government/public...egistered-land
Suggest you have a read before engaging expensive solicitors

[islandgirl]

Just a quick quesiton - if you are going to claim adverse possession that means the land was not yours in the first place but you have taken 2m from the garden area shown on his plans 12 years ago? Is that right?

[Gerard55]

des8 islandgirl Thank you for the reply. Much appreciated. I have browsed that gov.uk website too many times to count!

I have instructed a boundary expert. He made a report based on all the evidence provided - land registry, photos, a 1:250 accurate scale survey done by previous owners, etc etc. He has also conducted a survey of the land. The title plan is not evidence of the exact line of the boundary and is in any case a secondary source document. For lack of pre-registration title deeds, the position of the paper title boundary cannot be established. The expert told me the best course of action is to claim adverse possession. The neighbour is unwilling to cooperate. He even most recently had the arrogance to ask if we wanted to sell up! So now, I need to find a solicitor to help me with adverse possession.

[des8]

Seeing that you are not now factually in possession of the land I don't understand how you can claim adverse possession!

IMO going for a determined boundary would be the way forward

Good luck in your hunt for a solicitor

[Gerard55]

des8 In order to claim ownership of land by adverse possession the squatter must - along with the two other conditions - be in “factual possession” for the entire limitation period.

What is the limitation period? Well, where the land is unregistered, ss15 and 17 of the Limitation Act 1980 apply. S15 states that a person’s right to take action to recover land from another will expire if not exercised within 12 years and s17 states that the paper title owner’s title will be extinguished after 12 years. Together these two sections have the effect that should a person occupy a piece of unregistered land which he does not own for 12 years or more then subject to the above bullet points the true owner will not be able to evict him and will no longer have any title to the land.

We can prove that we had factual possession of the land from 2008 (via previous owners) from a 2008 accurate land survey. We bought the property in 2010 and have photos of the land from then up to March 2020 (when the neighbour moved the fence during lockdown). So from my understanding, i can claim adverse possession.

What are your thoughts based on the above?

[des8]

Is this not registered land?

The Limitation Act 1980 is superceded by the Land Registration Act 2002 (Part 9)

[islandgirl]

if it is on the neighbours deeds or your deeds is it not registered? And "occupy" is key - what have you done with it?