Freak

Kinda complex this one but hope someone in the know can help.

We as a family have owned and lived in this house for 18 years.
Up until about ten years before we bought it had a tennis court on the land to one side of it- the then owners decided to build a second house on the site of these tennis courts. They then sold the main house we own and lived in the second(new) one.

They owned this newer house up until about 15 years ago when they sold it on to another family, who subsequently sold it on around 2 years ago to another family (from hell ) who are the current owner/occupiers

The boundary fences have remained unmoved since they were errected - the (approx 10') gap between the two houses contains an outerhouse (not made of brick at all if that makes any difference) which is divided into two- the divide between these clearly following the fenceline which runs the entire length from the pavement down to the end of the garden fence on the same line.
this outerhouse is about 20' long.

Problem is:

the neighbour has been round with his (original) deeds and claims that something like 2/2.5 foot of his property is inside of where the boundary line is currently- bit of a problem as he wants to build a brick extension on the side of his house ( replacing his part of the outerhouse thingy). This isnt a problem- it is the dispute over the boundary and potentially losing some of our land and having to destroy the structure that exists on that land that is the problem.

The outerhouse has been used on both properties for years and is still used by us (most notably being a sodding great coal bunker down one end)

This is all new to us- is there any way he can claim it as his- despite the several changes of ownership and the fact it has been used as it is for many years?
Any laws that can stop someone claiming such things if they have been that way for a certain length of time?

Also- when the land was originally divided into two- it was the then owner who divided and built the second house himself- perhaps an error was made somewhere along the line on his part wither in the measuring on the ground or for the deeds? (sadly he is deceased so not a lot can be done about that)

Any help/advice greatly needed and appreciated people- this is a bit concerning!

Thanks


[Edited by Freak - 12/2/2003 7:11:21 PM]

alcazar

iTrader: (2)

Do you have YOUR deeds/plans? If not, get a copy, and ask a solicitor to take a look, one that is used to conveyancing.
Many law firms offer the first half hour of advice free, but even if you end up paying a bit, it's better than losing the land.

Alcazar

seejay555

Freak,
Do you know whether the land is registered at the Land Registry? The Land Registry title plans show "lines" on plans as general boundaries but they are not definitive. If you and the neighbour can't agree on the "right" boundary you can apply to the Land Registrar to determine it for you. He/she would listen to each argument and make a determination. That could, however, still lead to court if you don't like his assessment and ant to challenge it.
You can acquire (what I think are called) "possessory rights" to land after occupying them for (I think) 12 years. That means that if the boundaries have been as they are unchallenged for 12 years, your neighbour might not be able to cliam they are now his. If that's right, it would still pay you to have a proper plan drawn up and lodged at the Land Registry.
All in all, it's bl**dy complicated and a bit of a minefield.
Go and see a lawyer but make sure you see one who has specialised in this sort of thing. The Law Society should be able to point you in the right direction if you are struggling to find one as I think they maintain registers of specialist solicitors.
Hope that helps.

LG John

Its certainly not a planning matter but rather one of ownership. Get a copy of your deeds and talk to your solicitor about it. It may be worthwhile to 'look' at the original planning drawings to see how the boundarys were divided on them but these won't hold any water so to speak because its of no consequence to the planning deparment if the boundaries are a few feet out after all these years. It might be a useful cross-reference with the planning drawings though to back up what your own deeds say

Freak

cheers guys

been on to solicitor about it this morning.

Fingers crossed