Border Dispute

[erplore]

In-between my neighbour's and my property is a 6m2 triangular piece of land. It is only accessible from these properties. It is not shown on either of our title plans or mentioned in the title deeds.
The current border has this piece of land within my property. My question is who legally owns?

[atticus]

Have you checked whether this piece of land is registered separately at the, Land Registry?

If it is not, you may be able to apply for a "possessory" title.

The title of the thread includes the word "dispute". Please clarify.

[erplore]

Attached diagram better showns the area in question (blue triangle.) There are no other title deeds for this land available with the land registry. It looks like until the 1950's there was a waterway running through this area.
I live at No.41 and when No.39 went up for auction earlier in the year I purchased the deeds and that is when I found the discrepancy between the two title plans.
I had previously erected a fence along the border using No.41's title deed border as I was unaware of this unregistered area of land. (There are other title plans associated with No41.) When No.39 went up for auction I replaced the fence using No.39's title plan border. This means it is now within the boundary of No.41
The new owner of No.39 is considering applying for adverse possession. Would the fact that this area it is now within the border of No.41 give me strong grounds to object and is it likely that they could claim the land if he doesn't actually have factual possession of it?

[atticus]

I suggested that you might apply for possessory title. This is adverse possession.

If I have understood you correctly, you have occupied and fenced off this land, that is to say that you have been in possession of it.

When did you put up your fence? What was the position before you put up your fence? Comparing photo and land it does look as if you have been adding little pieces!

[erplore]

I suggested that you might apply for possessory title. This is adverse possession.

If I have understood you correctly, you have occupied and fenced off this land, that is to say that you have been in possession of it.

When did you put up your fence? What was the position before you put up your fence? Comparing photo and land it does look as if you have been adding little pieces!

You are correct that I currently have the area fenced off and included in the boundary of No.41. It is in my possession.
Before 6 years ago the border was overgrown with hawthorn trees and brambles and the boundary was ambiguous.
6 years ago I put up a fence that was on the border aligning with No.41.
5-6 months ago, when it was being auctioned, I put up the new fence aligning with No.39's title plan.

No.41 actually includes 4 title plans done many years before I moved there. Hence the discrepancy.