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Adverse Possession and Your Neighbour's Fence

By: Abigail Taylor - Updated: 19 Oct 2019 | comments*Discuss
 
Adverse Possession Land Fence Property

The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. Usually there will be a clear demarcation of who owns which part of the land and boundaries.

It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it.

What is 'adverse possession'?

Essentially adverse possession is where someone who is not the owner of land possesses (has sole use of) it.

For example:

Farmer A owns the Land X. Farmer B owns Land Y. Part of Land Y (owned by Farmer B) has been used solely by Farmer A for the last 20 years to park his caravan and he built a fence around it can only be accessed from his (Farmer A's land)

This land may be owned by Farmer B according to the title deeds, but Farmer A has had sole use and possession of it for a lengthy period. Ownership of the land has therefore transferred to Farmer A due to adverse possession.

When does adverse possession exist?

I have owned my property for over 25 years. There is an existing fence line put in when the plots were separated in the early 70s. The fence is concrete and wire. I've used and maintained the land and retaining wall to the right of these concrete posts for the past 25 years. Our neighbours now want to enforce the legal boundary and move it effectively further towards the right, claiming the land and wall we have been maintaining. Can they do this or have do I have rights under adverse possession?

The test for adverse possession (as confirmed by the House of Lords in J A Pye (oxford) Ltd v Graham) [2002]) is whether the trespasser has possessed the land for the requisite period.

The 'requisite period' is:

  1. If the land is unregistered - 12 years
  2. If the land is registered but the adverse possession period occurred before 13 October 2003 - 12 years
  3. If the land is registered but the adverse possession period did not occur before 13 October 2003 - 10 years
  4. Note:

    An application to the court for adverse possession is only recommended where the party taking possession does not have an entitlement to neighbouring land. If the party taking possession has rights to a neighbouring land (like Farmer A above), whilst they may have adverse possession, the application that should be made to the court is one to simply alter their and their neighbour's title plans to show the new boundary.

    Application under Options 1 or 2 above (unregistered land or registered land with adverse possession from pre-13 October 2003)

    To show adverse possession, you must prove:

    • That you have factual possession of the land
    • That you intended to possess the land
    • That possession is without the owner's consent
    • That all of the above have been true for at least 12 years prior to the application

    Factual possession is very dependent upon the circumstances of each individual case. However the court has offered the following guidance:

    • The possessor must have exclusive possession of the property
    • The possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and no one else has done so (eg cutting the grass / maintaining the boundary)
    • Erecting a fence around the land is a positive indicator of adverse possession

    I have a four foot border at the side of my property and have exclusively used this as a flower bed for 27 years. New neighbours have moved in and have claimed that the strip is part of their property. They are demanding that it is returned to them. What can I do?

    A claim can only be brought within 12 years of the right to claim existing*:

    Eg: Going back to our example above, the adverse possession by Farmer A commenced 20 years ago. The right to claim existed after possession for 12 years, so 8 years ago. Farmer A has 12 years from when the right to claim existed to actually make a claim, so now has just 4 years left.

    • 20 years ago - adverse possession commences 1996
    • 8 years ago - 12 year possession complete so right to claim arises 2008
    • 4 years away - 12 year limitation period in which a claim can be made expires 2020

    * There are slightly longer periods for government departments or spiritual organisations taking adverse possession, along with other specific but rare scenarios.

    Application under Options 3 (registered land with adverse possession completing after 13 October 2003)

    You must still prove the same criteria for adverse possession as above, but the relevant period for possession is shorter:

    • That you have factual possession of the land
    • That you intended to possess the land
    • That possession is without the owner's consent and
    • That all of the above have been true for at least 10 years prior to the application

    There are however a number of exceptions that prevent an application under the new regulations being made:

    1. The owner is or has been in enemy territory in the 12 months leading up the application (making it difficult to make an application for adverse possession against anyone in active military service)
    2. The owner is suffering from a mental illness which means that they are unable to make decisions about issues such as possession / maintenance of land
    3. At any point during the 10 years leading up to the application, the owner died and their state was passed on, the owner became bankrupt, or (if the owner is a company) the company was wound up

    The process of making either of the above applications can be tricky, and your claim will be rejected if the forms are not completed correctly and relevant supporting evidence not provided. It is therefore recommended that you contact a lawyer if you are considering a claim for adverse possession; this is an extremely complex area of property law with plenty of exceptions, loopholes and technicalities!

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    Share Your Story, Join the Discussion or Seek Advice..
    I am a home owner and live with in block of 4 flats. I purchased my flat in 2004. There is a communal drying green area that none of the other 3flats have ever used. So since 2004 i have maintained the upkeep of this communal drying green myself. I have paid a local gardner since 2004 to maintain the upkeep of the communal drying green area because the other 3 flats had elderly people in them and the said they didnt ever use the communal drying green so they didnt want to share paying for the upkeep. I have also maintained and paid for the up keep of the paths and gated areas that i share with my neighbour. She has never offered Any payment towards the upkeep. I can prove all this with letters and with receipts. Can i claim any rights to this communal drying green area. Can you please help and advise. Scottish jock
    Scottish Jock - 19-Oct-19 @ 2:58 PM
    If a neighbour has fenced off part of their property and encroached our land 17 years ago, can we claim it back. Surveyor has confirmed they have come over too far. However original owners did it and moved away 7 years ago. Current owners have been tgere 7 years. Our previous owners moved away a year ago there were always disputes but not in writing and we werent told at time of purchasing. Next door havent claimed adverse possession. Can they? I would obviously object. Also when does their time to claim run out?
    Mik - 9-Oct-19 @ 2:06 PM
    when my wife and i bought our house in 2005 it was sold to us with a chain link fence and small laurel bushes at the rear of the property and when i returned home tonight to find that the person over the back has removed the chain link fence and cut my laurels down (to the ground) and removed 2 fence panels that i put up to stop the old occupant looking though ! she said that i have taken her land and is now putting a new fence up on her land (she has only lived in the property for 5 years ) as i have lived here for 14 years am i correct in saying that i can claim the land and have her replace the laurel bushes ? what steps do i need to take next ? thanks
    darrenr - 30-Sep-19 @ 10:09 PM
    Kindly advise.The neighbour’s dilapidated fence and plants are encroaching and leaning over the boundary line and into my property.I offered to replace the fence at my expense but this was rejected.He feels able to trespass and refuses to fix his fence or plants. I will now be erecting a fence on my property along the boundary line but in order to do so the neighbours’ fence and plants will need to be removed, cut back and returned to the neighbour. Am I permitted to do this? Would this be considered criminal damage? If the fence remains I will be giving up to the neighbour about a meter of land along a 40 meter stretch.This does not seem right or reasonable.
    Reba - 20-Aug-19 @ 12:35 PM
    Where can I read more about adverse possession expiring 12 years after the claim becomes possible please? this website seems to be the only one to mention it. There is a fence between my neighbours house and mine that my grandad (the previous owner) put up, but in the wrong place. this has stood for 30 years now (the concrete posts, panels have of course been replaced during that time). I want to clarify this to my neighbour to avoid legally losing the land but I'm concerned the neighbour will file for adverse possession as soon as the fence is mentioned to him. If I can point him to the section of legislation that states adverse possession is no longer an option then I can at least put in writing to him that he is on my land with my consent until such a time that I require it back
    Ben - 12-Jun-19 @ 2:53 PM
    I'm interested in the part where you mention the "12 year limitation period in which a claim can be made". you see my neighbour has a fence on my land that's been there for decades (unsure how long but as long as I can remember (25 years). my neighbour moved in in 1986 and no adverse possession order has been brought. the land registry deed clearly show I own the land about a meter beyond the point where the fence begins and there is a landmark to demonstrate this (a small section of wall features in the land registries boarder. Does this mean legally they've ran out of time to make a claim of adverse possession? Could you tell me where I could read more on this expiry as I cant find anything on google. Thanks in advance, great article Ben
    Ben - 22-May-19 @ 12:03 PM
    Hi I am wondering if anyone can help me my neighbour put up a fence before I bought my home and he put it 7 inches more into his garden resulting in my property gaining 7 inches along the garden. It is the side that he would pay for Now he wants me to move it back and pay for it.I am wondering if I have to pay or he does I am more than happy for him to move it but I don't want to pay
    Jod - 21-May-19 @ 8:19 PM
    at the back of my house is a Parish Rooms car park for folk using the rooms for hire. Several times I and my neighbour have had our garden fence damaged due to bad parking. We have just replaced them. The trustees are saying we have to catch them and claim. Surely the responsibility should lie with the trustees who let people park free.We have asked for stumps or some form of barrier so that these bad drivers cant get near our fences to no avail, what more can we do -help please
    JEN - 12-May-19 @ 6:01 PM
    We bought a house in 2007. there is a little bit of land at the end of the garden that contains our cesspit (shared with our neighbours). The local farmer says he owns this land, but we have full right to empty and maintain it. When we bought the house there was no fence from our garden into the bit of land, but a few years ago he put up a fence, making it harder to access. he agreed to sell me the land several years ago (and agreed a price in writing) and said he needed to sort out paperwork. Last time I asked to buy it he said he didn't want to sell it anymore. Today I discover that the land isn't actually registered. The acres and acres that he owns surrounding it are registered, but that bit isn't. CanI register it in my name?
    elizabethR1 - 30-Apr-19 @ 7:41 PM
    i have a strech of land to tge side of my house, i have hinted to my neighbours about detecting a fence half way through the land deviding it. my neighbours have said they woukd be happy to maintain the side closer to them providing they will be allowed to let the dog run free. would my neighbours be allowed to take possession if i did this?
    brow - 9-Apr-19 @ 2:39 PM
    We have had a fence along a boundary line for 17years It’s isnt in the right place due to my dad and ex husband of our neighbour agreeing where it is now. Her and her new husband have now stated they are moving the fence to where they think it should be A) are they allowed to do this with our agreeing a boundary line first (we have deeds but obviously the fence was put in wrong from her in the first place) B) they have very aggressive dogs and we have young children we are convergence dogs will get in our garden B)
    A - 17-Mar-19 @ 12:46 PM
    15 yrs ago my neighbour encroached 3ft onto my property he refuses to register with land registry and refuses to erect a fence between the two properties can i claim it back
    bez - 10-Mar-19 @ 3:17 PM
    Regards to the below message, Planning permission has been granted since April this year by the way.
    Owner? - 26-Nov-18 @ 10:52 AM
    My neighbours have been round. The lady has stated that she legally owns the fence that separates our rear gardens, and also the land it sits on. As far as I can see on my deeds, the land the fence sits on is mine. My boundary line shows a straight line from the right side of my property all the way to the rear fence. Apart from the fence not being very straight and encroaching on my garden, it is attached to the rear wall of my house. The reason this all got brought up is that I have had plans drawn up for an extension. The plans clearly show the wall of my new extension running along my boundary. I have no issue with the fence being attached to the new extension (similarly to how it is currently) and have told the neighbour this, but she is insistent that her fence is left in its current location and that I need to build my wall 100-150mm in from the legal boundary line to accommodate this. I am aware that it would be fairly difficult to build along the boundary line unless my foundation is dug in the neighbours property by 100mm or so, but my plans have a stipulation on the detail that the foundation is to be 600mm (rather than the 500mm generally) wide to accommodate the edge build for the wall over the foundation. I just need to get some advice on where I stand and as to whether I can remove the 1 and a half panels in my garden so the wall can replace it. Thank you for your time in advance.
    Owner? - 26-Nov-18 @ 10:50 AM
    We recently bought a house and only this week found out that the neighbour who is at the rear of my garden boundary has advanced about 3 meters into my garden (behind a shed), he even built a paved drive as a side entrance and put a gate on it, all within my land. The boundary on my deed clearly show that land is mine. Talking to other neighbours, this happened about 8 years ago with the (not written) consent of the previous owner of the house I bought. Can I claim the land back easily or do I need to take him to a tribunal? Thanks.
    Rafa S - 9-Oct-18 @ 9:29 AM
    I moved into my property 8 years ago and last year wanted to build a new driveway with brick walls on either side. My neighbour on the left of me looking at the road objected me to take down an old wall that is thereso I build my new wall next to this old wall on my side. He kicked down some the new wall, so I got a surveyor to do a report and shows that this old wall sits some one foot on my land and my solicitor sent this report to my neighbour to rectify the broken wall. He has claimed this old wall sitting on my land belongs to him but has shown no evidence to date. The HM registry plan shown a straight line on the bounday from the back of the garden to the front up to roadside. This old wall has an ugly side on my side and I believe this wall was put up by previous owners of my property , as the neighbour would not erect such a wall on the neighbours land with the ugly side facing the neighbour. if a claim for adverse posession is done by my neighbour is it just the land up to the old wall that he can claim or also the wall itself, as we are taking him to court for tresspassing and damage. What is your view. Can we for example claim the land up to the old wall is his through adverse possesion , but the wall itself is mine since it sits on my land . Just a small matter on the title deeds this wall is marked 'T' on the neighbours plans, but I still insist that it has been built by my house previous owners for the reasons above. This wall is falling apart and never been maintained? Your view. The neighbour says this wall has been there for over 60 years? He is not even that age? Also he moved out of the property about 6 years ago and now after a divorce has moved in as a tenant in 2015 with the house owner in title a lady owner residing somewhere else.
    Reg - 3-Oct-18 @ 12:46 PM
    Simba - Your Question:
    We recently decided to ask our neighbor if we could remove a wire fence and 4 evergreens to complete a fence between our gardens. There were already 2 fence panels installed but the fence line was continued with the trees and fence behind them. On our side there was a 3ft wide raised flower bed that the previous owner of our property must have installed many years ago. The neighbor and his son agreed to us undertaking the work and we have asked for no payment from them. Our builder began putting the panels and posts in but when he returned to add the final 2 panels the neighbors daughter appeared and stated that the fence was in the wrong position and that the boundary line was wrong from the top of our garden right past 2 houses (her father's being the 2nd one) she provided the builder with an OS printout that indeed shows the fence starting about 2 ft further into our side of the land in line with a brick wall of another property, however at this point there is a 20ft high tree that must have been there for many years. She stated this was their deeds but the house highlighted in the printout was our property which stands on a separate plot of land. (Our property and garden are separated by a dirt track and on separate deeds).My question is although we have only owned the land for 7years would the existence of both the flowerbed and well established tree be enough to claim adverse possession? There is also the evidence that there were already 2 fence panels in existence. If we hadn't of removed the evergreens that provided the boundary the daughter would never have raised this as an issue.

    Our Response:
    You may be able to apply on the basis of use by predecessors but you should consult a legal professional, do not take our word for this.
    ProblemNeighbours - 28-Aug-18 @ 10:46 AM
    We recently decided to ask our neighbor if we could remove a wire fence and 4 evergreens to complete a fence between our gardens. There were already 2 fence panels installed but the fence line was continued with the trees and fence behind them. On our side there was a 3ft wide raised flower bed that the previous owner of our property must have installed many years ago. The neighbor and his son agreed to us undertaking the work and we have asked for no payment from them. Our builder began putting the panels and posts in but when he returned to add the final 2 panels the neighbors daughter appeared and stated that the fence was in the wrong position and that the boundary line was wrong from the top of our garden right past 2 houses (her father's being the 2nd one) she provided the builder with an OS printout that indeed shows the fence starting about 2 ft further into our side of the land in line with a brick wall of another property, however at this point there is a 20ft high tree that must have been there for many years. She stated this was their deeds but the house highlighted in the printout was our property which stands on a separate plot of land. (Our property and garden are separated by a dirt track and on separate deeds). My question is although we have only owned the land for 7years would the existence of both the flowerbed and well established tree be enough to claim adverse possession? There is also the evidence that there were already 2 fence panels in existence. If we hadn't of removed the evergreens that provided the boundary the daughter would never have raised this as an issue.
    Simba - 27-Aug-18 @ 2:40 AM
    Olgs - Your Question:
    I’m not sure if local council can help me dealing with my nuisance of a neighbour. He’s next door house has been a building site since August 2017. He didn’t inform me of the works he just started work and then told me he’s building a huge extension. Once I returned from holidays two weeks later I had all his building site and rubbish in my garden, my garden furniture was used by his builders but the most important thing was that he build a huge shed and attached it to my shed crossing the boundary. After stressful arguments he removed his shed away from mine but his roof is still attached to my sheds roof which I’m not happy about as the relationship got sour after that. He installed his drain pipes (which are still not finished properly) on the other side of his drain (my side) so all of his water is constantly in my garden. I’ve asked him 7 times to move them and he keeps promising but I know this is all a lie now and no point asking him anymore. His front and back gardens are full of unused building material and rubbish that’s not been cleared since last year and again I’ve asked ten times to move it or built the fence at the back as it’s too stressful for me to have such ugly building site. He’s promising to build the fence for five months now and nothing has happened. He’s caused me a leak at the front of my house because he hadn’t run his drain pipe all the way down and all the water kept running down the wall and eventually sipping through my front house wall - it took me a month to convince him to fix the pipe. His builders were coming into my garden without permission and taking my water despite me forbidding them to do so. His front garden wall is considerably to my side which doesn’t seem to be correct. He now stopped all the work half done. Is there any one who could help me to force him build the fence at the back so I don’t have to see the messy and ugly site? He also argues that my shed is on his land but it was built before I bought the house and I can’t see how it’s on his land or why he allowed the previous owner to build it and why it’s a problem now. How do I resolve boundary issue? Is there anybody affordable who could look into this and help deal with him. All he does is come in his house really late at night and discuss the same issue with his builder so loud that I can hear every word sometimes although he’s promised that he’s insulated our wall - HE IS SUCH A MASSIVE LOSER. I can’t go to a lawyer, it’s expensive and stressful, any less extor stressful ways to resolve things? Help me

    Our Response:
    It's unlikely the council will be able to help with this unless the rear structure is beyond the permitted development limits. Unfortunately, if you cannot resolve this amicably, you may need to consider using a mediation service or taking legal action.
    ProblemNeighbours - 1-Jun-18 @ 11:48 AM
    I’m not sure if local council can help me dealing with my nuisance of a neighbour. He’s next door house has been a building site since August 2017. He didn’t inform me of the works he just started work and then told me he’s building a huge extension. Once I returned from holidays two weeks later I had all his building site and rubbish in my garden, my garden furniture was used by his builders but the most important thing was that he build a huge shed and attached it to my shed crossing the boundary. After stressful arguments he removed his shed away from mine but his roof is still attached to my sheds roof which I’m not happy about as the relationship got sour after that. He installed his drain pipes (which are still not finished properly) on the other side of his drain (my side) so all of his water is constantly in my garden. I’ve asked him 7 times to move them and he keeps promising but I know this is all a lie now and no point asking him anymore. His front and back gardens are full of unused building material and rubbish that’s not been cleared since last year and again I’ve asked ten times to move it or built the fence at the back as it’s too stressful for me to have such ugly building site. He’s promising to build the fence for five months now and nothing has happened. He’s caused me a leak at the front of my house because he hadn’t run his drain pipe all the way down and all the water kept running down the wall and eventually sipping through my front house wall - it took me a month to convince him to fix the pipe. His builders were coming into my garden without permission and taking my water despite me forbidding them to do so. His front garden wall is considerably to my side which doesn’t seem to be correct. He now stopped all the work half done. Is there any one who could help me to force him build the fence at the back so I don’t have to see the messy and ugly site? He also argues that my shed is on his land but it was built before I bought the house and I can’t see how it’s on his land or why he allowed the previous owner to build it and why it’s a problem now. How do I resolve boundary issue? Is there anybody affordable who could look into this and help deal with him. All he does is come in his house really late at night and discuss the same issue with his builder so loud that I can hear every word sometimes although he’s promised that he’s insulated our wall - HE IS SUCH A MASSIVE LOSER.I can’t go to a lawyer, it’s expensive and stressful, any less extor stressful ways to resolve things? Help me
    Olgs - 31-May-18 @ 1:38 AM
    I am disgusted that someone can deliberately set out to deceive and claim land as their own when other people have bought and paid for it. And the law let's them! Why haveboundaries and land registry if the law works for the illegal occupier.What happened to honesty andhonour.
    SusieQ - 5-May-18 @ 4:58 AM
    We have lived in our house since it was built in 2000. Our original neighbour moved out 7 years ago, and the new neighbour decided to replace the fence a few years ago. The fence is actually on our border and the concrete post is literally bolted to our back wall, which we only discovered this week, we had no idea it had been bolted to our wall. As we would like to put up a higher fence panel than exists at the moment, would it be legal for us to remove this fence post and panel and put our own there, as it is our border. When the original fence was put in 18 years ago,we knew it had been placed wrongly along our border by the guy who installed it. As our previous neighbours were lovely and their original post wasn’t attached to our wall, we just left it. However when the new fence was erected, we weren’t consulted about bolting the new concrete post to our wall and have subsequently fallen out with the neighbour because he is nasty, and I now want a higher fence panel to block him out. Please advise. Thanks
    Hawkeye - 25-Apr-18 @ 5:20 PM
    Mrs K - Your Question:
    HiWe have plans passed for a double storey extension and my neighbour is claiming that the boundary requires agreement. So we have asked a surveyor to define a boundary using the title deeds as a guide - these have shown that the existing fence between us is possibly in the incorrect position and is about 1 foot inside our garden, thereby the neighbour has an extra foot. We are in the process of agreeing this boundary with the neighbour - but I am worried that they do not realise that it is in the incorrect position and when they do they may claim adverse possession. The fence has been there for a long time before we moved in and the neighbour has been next door since 1971, so I would guess more than 20 years the fence has been in place. we did replace all the posts last year.? They had a hedge which I believe was the original boundary (removed last year) and over they years a fence has been erected creating this new division.Based on the criteria for making a claim - could they?thanksMrs K

    Our Response:
    If the fence has been in place/the neighbours have been using the land for over 20 years then yes, they may have a claim for adverse possession.
    ProblemNeighbours - 20-Apr-18 @ 9:59 AM
    Hi We have plans passed for a double storey extension and my neighbour is claiming that the boundary requires agreement.So we have asked a surveyor to define a boundary using the title deeds as a guide - these have shown that the existing fence between us is possibly in the incorrect position and is about 1 foot inside our garden, thereby the neighbour has an extra foot.We are in the process of agreeing this boundary with the neighbour - but I am worried that they do not realise that it is in the incorrect position and when they do they may claim adverse possession.The fence has been there for a long time before we moved in and the neighbour has been next door since 1971, so I would guess more than 20 years the fence has been in place.we did replace all the posts last year..? They had a hedge which I believe was the original boundary (removed last year) and over they years a fence has been erected creating this new division. Based on the criteria for making a claim - could they? thanks Mrs K
    Mrs K - 17-Apr-18 @ 8:39 PM
    MP - Your Question:
    Hi, I have owned a now derilict house for 2 years on a large plot of land. I have just recieced planning approval to erect a single residential house for us to move in to. The land registry shows a piece of land at the bottom of my garden that is not defined as owned by either my neighbour or myself. This piece of land has been fenced off and maintained by the previous owners of my house who lived there for over 60 years and then by my gardener. My neighbour has looked at the land registry document and decided he should own this land (possible land grab). He has removed the original fence and put up his own fence, thus adding this area to his own garden.I have spoken to this neighbour who feels he is in the right. I am sure I have adverse possession but would like clarity; but also do I have to take him to court or can I tear down his fence and erect my own after giving him notice. Any advice would be appreciated.

    Our Response:
    You neighbour cannot claim adverse possession if they have only just fenced off and started "using" this land. There a possibility you can rely on adverse possession by yourpredecessor as they were in effect in adverse possession for 60 years and so should have claim to the title.You should seek professional legal advice before proceeding with any course of action.
    ProblemNeighbours - 17-Apr-18 @ 2:23 PM
    Hi, I have owned a now derilict house for 2 years on a large plot of land. I have just recieced planning approval to erect a single residential house for us to move in to. The land registry shows a piece of land at the bottom of my garden that is not defined as owned by either my neighbour or myself. This piece of land has been fenced off and maintained by the previous owners of my house who lived there for over 60 years and then by my gardener. My neighbour has looked at the land registry document and decided he should own this land (possible land grab). He has removed the original fence and put up his own fence, thus adding this area to his own garden.I have spoken to this neighbour who feels he is in the right. I am sure I have adverse possession but would like clarity; but also do I have to take him to court or can I tear down his fence and erect my own after giving him notice. Any advice would be appreciated.
    MP - 16-Apr-18 @ 10:46 PM
    Does anyone know if concrete fence posts need planning permission or if they need removing if a fence is being relocated? Thanks
    Toots - 14-Mar-18 @ 4:55 PM
    Anette - Your Question:
    We have a school on the back of our property. More than 10 years ago they erected metal fence about a meter into thier land. That created a corridor with no access. But about 7 years ago neigbours removed mature hedge at the end of thier garden and erected thier fence in line with our. So now we got a corridor ending behind our tall outbuilding with entrance from school. It was full of litter as kids made a nest there. But recently we found syringes. the police came to advise that people were seen getting over fences at the back of our garden. We had robbery in our garage worth £400. So we bloked that corridor were our property starts. That gives us about 4 sq m of school land. School manager then tried to break in. We thought that was done by these doggy visitors and fixed the fense properly by a metal barrier. Then that school manager came at our door demanding we remove the barrier. We explained the security concern, poluce advise and refused to let this corridor to threaten our security in future. The school manager said we could eventually get the right to that land. Well. All they need to do is to move thier own metal fence back to thier bondary. We never heard back from them. I wanted to buy that land from council. Now we just need to establish when metal fence was build and get it for free.

    Our Response:
    Hopefully the above article explains adverse possession effectively enough and how to apply for it?
    ProblemNeighbours - 7-Feb-18 @ 11:04 AM
    We have a school on the back of our property. More than 10 years ago they erected metal fence about a meter into thier land. That created a corridor with no access. But about 7 years ago neigbours removed mature hedge at the end of thier garden and erected thier fence in line with our. So now we got a corridor ending behind our tall outbuilding with entrance from school . It was full of litter as kids made a nest there. But recently we found syringes. the police came to advise that people were seen getting over fences at the back of our garden. We had robbery in our garage worth £400. So we bloked that corridor were our property starts. That gives us about 4 sq m of school land. School manager then tried to break in. We thought that was done by these doggy visitors and fixed the fense properly by a metal barrier. Then that school manager came at our door demanding we remove the barrier. We explained the security concern, poluce advise and refused to let this corridor to threaten our security in future. The school manager said we could eventually get the right to that land. Well. All they need to do is to move thier own metal fence back to thier bondary. We never heard back from them. I wanted to buy that land from council. Now we just need to establish when metal fence was build and get it for free.
    Anette - 7-Feb-18 @ 10:57 AM
    Our garage at the rear of our terraced property and our deeds showing marked in yellow right of way for car and pedestrian for all time. The property is leased and sub leased. We can access the garage going through the house butonly drive through the right of way. Although we seldom use the garage for the car we still wish to keep our right of way, otherwise the garage would just be a huge shed. Our neighbours along the row have surrendered their rights on the basis that the new landowner will remove rubbish from the land and then landscape. The landowner wishes to extend his huge garden. He also says that solicitors involved will be very costly for us and he is a banker so I don’t think cost involved worry him.
    Smithy - 19-Jan-18 @ 12:17 PM
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