Boundaries

[Omolayo]

Hello Forum,

I hope you're all keeping well and safe.

Please I need your advice and help on this matter.

I have just moved into a new property and I don't want to cause trouble with my neighbor but it seems I am going to require legal action on this matter.

My neighbor claimed that a very long time ago, a portion of a field at the back of everyone's garden was allocated to all houses in the neighborhood because the landlord was planning to build a big cinema on the field and he did not want residents around the area to dispute it so as a goodwill gesture, he gifted a portion of his field as an extension to everyone's garden. Unfortunately for him, the Council rejected the proposal but he didn't withdraw his land extension to people's back garden may be due to legal formality already done. He has since sold the field to another new owner.

According to my neighbor, she said she approached the owner of my property back then, I think over 20years when this free land was apportioned to everyone's back garden and the old couple was not interested and as a result, she added their portion of the free land to hers making an L shape garden extending to the back of my garden. Before I purchased the property, the property was previously used as House of Multiple Occupancy(HMO) and I think the owners were just not interested to take this matter up with my neighbor probably because they were using it for business.

From the land registry record, the garden for everyone in the neighborhood does not extend to the free land and another property owner who tried selling her home claiming the free land had her sales fell through because of this. My neighbor explained all this to me.

My problem now is that my next-door neighbor has three sheds at the back of my garden including big carpentry shed at the back of the fence demarcating her acclaimed portion of the free land and this makes my area look unwelcoming and obstruct my green view.

The attached pictures show where my fence and formally that should be boundry but you'll see that at the back, there're 3sheds after my fence on the acclaimed free gifted land, giving my next-door neighbor an L-shaped garden as a result.

I also attach a picture of my neighbor on the right which should be how everybody's garden should be including the acclaimed free gifted land.

And the third picture is the land registry map.

You'll see that the scenery in my back garden looks busy and unwelcoming compared to my right neighbor and all I get from my left neighbor was that this was legally agreed upon a long time ago because the owner of my property back then were not interested in the free land so she claimed it as part of hers and she has all the legal document to back this up.

Please I'll appreciate your advice on this matter.

Thanks,
Omolayo

[des8]

Forget about the lack of view etc as that carries no weight.

The first thing you will need to do is prove the land at the rear of your property was gifted to the property
So is there any record of the gifting of the field to the individual properties? It seems not from the problems another householder encountered when selling.

If you manage to prove the land is part of your property you would need to show the previous owners gave permission for your neighbour to use the land, but did not gift it or transfer it to them.
Permission can be withdrawn.
If the neighbours claim they own it by right of prescription they need to register it with Land Registry
Have you obtained a copy of the Land Registry file for your neighbour's property?

When you have done your research, then ask your neighbour to prove her ownership if " she has all the legal document to back this up".

[Omolayo]

Thanks very much for your advice. I'll get the Land Registry file for my neighbour as a starting point. I'm only going by what she told me.

Is it advisable to approach her to prove her ownership or should I get a legal representative at this point?

Many thanks for your help.

[des8]

At this point do as much investigating and collecting information yourself.
No point in paying a solicitor for what you can do yourself, and in the end you might not need a solicitor.
Be warned that property disputes can become expensive

[Omolayo]

I'll do as advised. Thank you. I'm very grateful.

[Omolayo]

Dear DES8,

I have obtained the Land registry file but there is no reference to the gifted land anywhere. The boundary on the title plan is the same for me as my neighbour's. I'm not too sure whether to attach the file in case this may be classified as confidential. I have drafted the below letter, I intend to post by recorded delivery, please is this ok?


Re: Prove of the Land at the Rear of 56 XXXXXX Avenue

Dear XXXXX,

I hope this letter finds you well.

I am XXXX, your new neighbour at XXXXXX Avenue, and I am writing to bring to your attention that I am looking into the legal basis of the gifted land at the rear of my property following our discussion on Saturday 20^th March 2021.

I have since obtained the land registry file for your property XXXXXX and this does not provide evidence that the land at the rear of my property is registered with the Land registry as yours.

Please could you provide me with a copy of the following documents:

1. Record of gifting of the part of the field to individual properties.
2. Prove that the land at the rear of my property was gifted to your property by the previous owner.
3. Prove that you have registered the gifted land with the land registry if owned by right of prescription.

If the above documents would take longer than expected to obtain, please kindly drop a note through my letterbox as to the timeframe when this can be provided.

The above documents when available can be dropped through my letterbox or alternative, this can be scanned to my email XXXXXX@yahoo.com

Thanking you in advance for your cooperation on this matter.

Yours sincerely,

XXXXXXXX

[des8]

Have you obtained the title register of the "gifted" land ?

Have you made enquiries with other neighbours about the status of the "gifted" land?

[Omolayo]

Thanks for your email. I was hoping I'll be able to get the address I need from her reply to be able to get the land registry file for the gifted land. I'll hold on to the letter and do more walking around the neighbourhood to gather more info on the gifted land.

Please is there a confidential way I can share files?

Thanks very much. I really appreciate your assistance.

[des8]

Land Registry files are public anyway.

On the Land Registry site you can identify the land by use of their "aerial land locator" https://eservices.landregistry.gov.u...p_locator_link

That will enable you to identify the "gifted" land and find out its registered owner

[Omolayo]

Oh, my days! I paid £89 for what files I can get for less than £12. Thank you! New knowledge gained. I'll send all my findings through.

[Omolayo]

The address for the field is not coming up using the aerial land locator but I called Land registry and they told me to fill a SIM search form and I've done that and sent it to them today.

Please find attached searches done so far.

Thanks very much for your assistance.

[des8]

looking at what you have so far, comparing the various plans and Google Earth satellite picture:

1, your garden as purchased extends as far as the side boundary hedge which stops about halfway down your garden in satellite earth pic.
Although I have not been able to measure on the plans the satellite pictures do show features to support this surmise
That is the extent of your land registry plan.
2. the part beyond that down to the buildings is probably owned by someone else, although they may not realise it.
You would need to find evidence of the gift and then register the change of ownership.
3 the part on which your neighbours have erected a shed is owned by someone other than you. It may be your neighbour or someone else.

It does seem that the owner of that gifted land has allowed neighbours to take possession of the land. They all have extra! Whether the possession can be deemed ownership, as change of ownership does not seem to be registered is a moot point.

Before you can do anything about those sheds you are going to have to sort out ownership.
You will then possibly be able to show that the old couple could not have given permission for the sheds as it was not their land at the time
You might them be able to obtain an order for the removal of the shed

An expensive dispute coming up if you follow through.
Do not underestimate the cost of land disputes.

Perhaps you should consider leaving well alone.
You bought the property as you saw it.
you now think you might possibly own a bit extra and be able to get rid of unsightly sheds.
however you might end up losing part of your garden, and causing your neighbours to lose part of theirs!
How not to be popular!
When you have more info have a sensible word with a professional to see what the possible different outcomes could be.

[Omolayo]

Thanks, Des for your critical analysis.

To be honest, I'm not interested in the extra land, it is the unsightly sheds that get to me every time I look through my bedroom window. I tried getting my mind off it but I just can't.

Point 1 is absolutely right and I believe for point 2 and point 3 that someone else is the field owner,

I'll continue on this and if I can end up with an order for the removal of the sheds, that'll do it.

Thanks ever so much as always.

[des8]

Plant rambling roses or some evergreen creepers on fence at bottom of your garden so they eventually cover the sheds

[Omolayo]

Thanks, Des, I'll add this to my new skills to learn though I'm not a garden person I'll give this a try.

I believe my neigbour knows something worth investigating further because she made a statement that baffles me the day we were discussing, she said "I may add this in my will for you" and I'm thinking should you have had this in the first place?

Thank you for all your advice. It is very much appreciated.