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Trudy Posted 3 months ago
My neighbour has said that part of my garden belongs to him. He is buying the freehold and I’ve checked boundary from Land registry and he could be right. I bought the house 21 years ago. Has anyone had a similar experience? Has anyone heard of Adverse possession of land?
4 replies
    • Caro 17th August 2021 at 9:16 am

      If you mean possessory title, in that if you’d had undisturbed use for a 10 year period you can make a claim? But that is only if the original owner cannot be located, which in this case, it possibly can. It’s quite a few years since I’ve worked, but if you purchased 21 years ago, and you haven’t remortgaged since then you should have a copy Charge Certificate (if there’s a mortgage on the property) provided by your solicitor upon registration, or at least a letter detailing it’s contents and plan, or a Land Certificate (if not mortgaged) which will contain the original title plan. These show the boundaries you and your solicitor agreed to at the time of your purchase – this will be the same as the details held at the land registry. Have you done a land registry search on the relevant piece of land? Or just made an equiry? If the latter, then do a seach of the index map – SIMR search now I think. You will need your title number (which is on your Land/Charge certificate) and/or an accurate plan. There is a small fee payable for this. See what this shows, and take it from there. Hope this helps.

      • Trudy 17th August 2021 at 9:27 am

        Thank you so much for the information. The mortgage is paid off. I will do a detailed search as you suggest. Many thanks

        • Rtb 17th August 2021 at 9:56 am

          Had similar with my mum’s land where a 7 year rule applied. If you have been in possession uncontested for over 7 years they would have to take you to court which could cost a lot money. Also don’t forget if the boundaries are taken from an OS map a pencil line cannot be gauged easily.

    • Trudy 17th August 2021 at 7:15 pm

      Thank you very much for your reply. Interesting that they would have to take me to court. Best regards Trudy