Neighbours wall within my boundary, whats the law?

[tbear]

Hi All

We recently moved into my Girlfriends family home, she has received 25% of the home as part of her late fathers will, the rest we are mortgaging.

I vaguely remember something about the neighbuors asking for planning permission for something a few years ago but not the details, now I think I know what the details are.

The neighbours have built a wall around their front garden and one length of this wall is fully within our boundary, not even split 5050 but fully in our front garden. Naturally this has go me rather pi***d off.

I know from memory that they really took advantage of him, he was quite elderly and just wanted a quiet life which is understandable. They have also built this hideous rear extension and poss moved part of the rear fence across into our boundary but that's only by a couple of inches so tricky to prove..

Just what are our rights in the matter of the wall, can we get it shifted? We don't know if any papers were signed allowing the wall to be in our boundary but even if they were does this right carry on with us as the new owners?

It may be that we just have to leave things as is, if so that won't be the end of the world, on the other hand I wont be shy about coming forward if have a case for forcing the removal of the wall.

 

[Diyisfun]

If a previous owner had given permission, then that will stand, although if not in writting it may be difficult to prove.
Your boundary will be shown on your deeds, so if the boundary has been moved it should be registered.
If it is pi"""" you off, I dont think it will cost you much to visit a solicitor, although if you decide to proceed with the leagal proccess this could be costly.
I did come a across a legal forumn a few months ago, try doing a gooogle.

 

[jeds]

It depends entirely on whether you can prove conclusively that the land is yours. My advice is download the land registry plan for the neighbours land (from land registry) and compare that to yours to see what it shows. If the red lines overlap then it will be neigh on impossible to prove one way or the other.

My advice is tread carefully. Disputes over a few inches of land are extremely difficult to prove one way or the other and are usually extremely stressful and can cost thousands to prove nothing.

 

[garyo]

No to mention the implications if you decide to sell your property and will need to give full disclosure of the boundary dispute - i.e. you could devalue your property in the process of sorting this out.

Gary