Boundaries

[des8]

I like it " I'll give you something which I don't actually own"

[Omolayo]

Good evening Des,

Hope this email finds you well.

I now have the land registry file for the field and this clearly shows that the land at the rear of my garden is for the field owner and not for my neighbour, and begs the question of how this could have been gifted. Please find attached the registered plan.

Please your valuable advice will be most appreciated concerning the next step. Would you recommend I approach my neighbour? in which case, I have drafted a letter for your review and input please, and if no, please do you have a professional you could recommend to take on this case? I really don't mind opening a can of worms here provided the end result will remove the sheds.

Thanks very much for your treasured assistance.

[ostell]

Looking at those deeds it may be beneficial to contact the owners to inform that someone is using their land. If they don't take action they may lose the land by adverse possesion. Their is also covenants about what and how many buildings can be on the land. Could get rid of your problem.

[des8]

If your property is number 56 who owns that piece of land coloured white at the bottom of your garden?
It is between your garden boundary and the area coloured purple.
I think that is the area "gifted" to your row of houses.

[Omolayo]

Oh, you're right, the land coloured white is the area gifted. I was looking at the wrong side but does this mean the land registry recognises this gifting and could this be recognised as allocated land to individual houses? would I be able to obtain a land registry file for the gifted land area only? I doubt this but should I still proceed to ask for the details of the gifting, I doubt she'll give me though, she'll probably tell me to go get a lawyer.

Thanking you for your help. Much appreciated.

[Omolayo]

Looking at those deeds it may be beneficial to contact the owners to inform that someone is using their land. If they don't take action they may lose the land by adverse possesion. Their is also covenants about what and how many buildings can be on the land. Could get rid of your problem.

Thanks for your reply Ostell, the new owner of the field are aware of this and from what I gathered, the white coloured area was gifted a very long time ago over 20years because the previous owner wanted to build a cinema and he didn't want the neighbours to contest against it but unfortunately, the Council rejected his proposal but he didn't withdraw his land gifting.

According to my neighbour, the old couple who owned my property at the time said they were not interested so she added the area at the back of my garden to hers and she claimed they've gifted it to her and currently she has three sheds including large carpentry shed on the acclaimed gifted land at the rear of my garden.

Thanks very much.

[Omolayo]

Hello,

I think I'll get in touch with the new owner of 36 Whenman (the field) and see what I can find out, hopefully, they'll have something on record for the white land area and I'll also get in touch with the Land registry to see what more I can get from them if any. I need to leave my next door neighbour out for now, I can sense a tensed atmosphere with this one but the more I think of this, I just wonder how subtle my neigbour is in getting round to claiming the gifted land in addition to hers.

I'll keep you posted of any development.

Thanks for all your assistance. Very much appreciated.

[Omolayo]

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".

Hello,

I hope you're keeping well and safe.

I have now done further investigations and obtained register plans and files from the Land Registry. There is no evidence that the land at the rear of my property was gifted to my neighbour. The land in question is not part of my property neither is it part of my neighbours and I attached the file for SGL736634 and SGL131290 for information.

The title number SGL736634 attached shows the land has the benefit of the rights granted filed under SGL131290 (attached) and my neighbour claiming she owns the land at the rear of my property is actually not correct and also negates the right of way mentioned under SGL131290.

Please your advice would be most appreciated and any recommendation on a specialist lawyer on land boundaries too.

Thanking you in advance for your assistance.

[des8]

To me it looks as if the owner of that block of land did intend to give it to the various house owners, but it was never properly transferred.
The true owners probably don't realise they own it

a complete mess

Can't recommend a solicitor but suggest you search for one here: https://www.lawsociety.org.uk/en/pub...nd-a-solicitor

[Omolayo]

Thanks very much. That’s exactly what has happened.