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Easement and Adverse Possession Claim in Boundary Dispute

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  • Easement and Adverse Possession Claim in Boundary Dispute

    I’m wondering if anyone can give me advice about a long-standing boundary dispute with neighbours. The neighbours have applied to Court to determine the boundary line and, as an alternative be granted adverse possession of a strip of land at the bottom of our garden. We produced a CPR35 Plan and Report before litigation began, which defines the boundary but of course the neighbours rejected it, hence court! Our land has a covenant which allows all neighbouring vendors (including ‘the’ neighbours) as well as utilities, to inspect, repair, lay pipes etc. my question is: As effectively the covenant grants the neighbours permission to access and ‘use’ the land, am I correct that they cannot claim adverse possession ?
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  • #2
    You may be right, but these situations can turn on small factual details, and the law can be complicated.

    This Land Registry practice guide may help: https://www.gov.uk/government/public...egistered-land
    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 the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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