Boundary rights

[deni2022]

Hello,

Our semi detached house built about 30 years ago was lawned by the builders across the front of both properties with no division markers provided, as with most others in the street.

Over the years the original occupants divided the lawns up into their own front gardens, taking the natural line down the center of the two properties.

We have been in ours for 8 years and another good neighbour who had their deeds out as the are preparing an extension etc gave us a copy of their deeds which Clearly shows that our front garden boundary is actually considerably offset to another different line more to a specific point in the pavement , so we do not have our full space, by some margin.

After so long, do we have the right to reclaim that part of the land and if so is their any legal action we have to take ?

 

[Hugh Jaleak]

How much land are you talking about, and take a long hard think about what its worth to you. People have lost their homes after losing complex legal battles of a couple of inches of land before now, usually the only winners here are the Lawyers.

 

[mikeey84]

I'd recommend visiting the garden law forum, as there are some very knowledgeable people on the specifics of boundary law.

If I was in you situation, unless the lack of lawn was causing significant inconvenience or distress, I would leave it well alone. As Hugh says, only solicitors win in this sort of dispute

 

[kp00110]

I would leave be to be honest, you didnt pick it up when you bought the property, so no point in having the fight now about it.

And you reference a neighbours deeds (is it your direct neighbour?) - have you checked your own deeds/plans to make sure no mistake on their plan etc - that should be your starting point - check your plan

And if anything it might give you a bit of bargaining when it comes to the extension if you mention it to them - i.e. they might concede on some other things you dont like about the extension/take note of your opinions on it if they dont want you to kick off about that

 

[deni2022]

Thanks for the replies, its about 3ft at the pavement end which would make access to our drive a lot easier.
It would only affect a stretch of grass, no hard structures etc.

Appreciate that boundary disputes can be very problematic and costly as you do hear about in the media, but with this one being so clearly shown on the copy of the deeds we have been shown it would seem very open and shut, though as you say the solictors will probably make a meal of it.
We will check our deeds to be sure they are the same.

Our question was also wondering if it was even possible to claim it back due to the length of time between the build and a claim.

Equally we do not want to start a war with our adjoining neighbour with something we had not known about for the last 8 year.

 

[kp00110]

Yes first check your plan - and you can also get a copy of your direct neighbours plan also online I believe. So you have full understand from both plans and see if they match up and say the same thing - I would do that before you even mention it with your neighbour.

What is the current boundary condition - i.e. is it grass still? if so, you could technically say to your neighbour you were always under the assumption that the boundary is where it should be on the plans. However if it is a fence etc or driver etc - thats going to be difficult to argue I would predict.

Regarding driveway access - where I live this is all governed by crossover rules from the council so whilst you might get a wider front boundary, it doesnt mean they will drop the kerb or crossover any wider by default

 

[mikeey84]

If there is a boundary there, such as a fence or flower bed, the neighbour could well claim adverse possession.

Just because your deeds show you "own" it, it's not that simple. Property law is a complex area, so I would tread carefully and get some expert advice before you do anything. Especially as this would count as a dispute you would have to declare if you were to sell the house

 

[^woody^]

Our question was also wondering if it was even possible to claim it back due to the length of time between the build and a claim.

If the neighbour has claimed the land then the deeds would be altered accordingly and before that, you would have been notified. And he would most likely have had to fence it off anyway denying you access to it for many years, so you may have noticed if that had happened.

If none of the above has occurred, then you have never lost the land.

 

[deni2022]

Hi All,

Appreciate all the insightful information.

For all the potential trouble and expense vs the small gain its does not seem worth persuing at this point in time.

Thanks again.

 

[charliegolf]

Leave it. My Sis has had hell from the Richard Cranium next door to her- spoiled the enjoyment of her home, frankly. Only lawyers win.