Garden boundaries.

Am I correct in thinking that long standing maintained fences and privets (older than 12 years) over rule the boundaries on the land register?

Thanks

 

Seems to be a bit of a minefield , though reading such articles on the 12 year rule, it does indicate its possible as land registry records of boundary lines are generally not that detailed to make practical measuring possible.

Are you defending against a neighbour taking what you think is yours or the other way around ?

 

It a weird situation.

There was a neglected heavily sloped garden at the side of my site. It starts at a garden that is situated higher than mine, and slopes steeply down to a small drystone wall next to a busy road. It’s thick with various trees, shrubs and rubbish.

People had been fly tipping for years, and the trees had grown out of control. They were hitting passing buses and lorries.

The environmental agency (is that right) contacted me to say it needed to be addressed.

I argued it wasn’t my responsibility, but they said it was due to a ancient wooden post, pallet, chicken and barbed wire combo fence. That “marked” the boundary.

They said I could legally challenge my neighbour but I’d be likely to lose.

I didn’t as he was a old guy with health problems and I didn’t want to put him under stress.

I chopped everything back. Got a man and digger in to scape it a bit. Removed everything from trollies, wheel barrows, pallets, dead trees etc. I even found a old he-man figure.

I’ve maintained it ever since. The area is only 3m x 3.5m.

Last night a guy (new owner) approached me on site to say he thought I had crossed his boundary. I’d never met him before.

He said he noticed because a gap appeared where I removed dead old trees, more pallets, crap and chicken wire to plant 10 6ft privets with bare roots.

I explained the situation. He didn’t seem to understand.

It got heated initially, but ended amicably.

He said the land means nothing to him, he can’t even access it from his garden. But I shouldn’t just take it. I explained that wasn’t the case.

He suggested me buying it. To which I responded. It’s worth nothing and I only maintained it because I was told it was my legal responsibility.

Once I explained I was planting the area heavily so that his property wouldn’t be visible, and both our gardens would be much more secure. He was fine.

There is no issue at the moment, but I wanted to know where I stand if there is in the future.

I’ve put over £1500 ( tree surgery, digger and driver hire, plants etc) into that little area and maintained it for 11 years.

 

Oh! for the joys of being a council tenant.

My dear friend. You have already forked out enough. In all honesty todays world is full of chancers. Hold fire and see what else comes up. If need be. Turn to your insurance policies. Most contaid a legal representative part. Here you are covered for free legal advice on whatever matter. Give them a bell and talk it through. They will also provide you with a print out. I wish you well.

 

The deeds show it is his.

I tried to argue this when I was told to tidy it up and maintain it by the council. I didn’t want the hassle or cost. It was a mess.

They said the ancient fence was the boundary and over ruled the title deeds. I was shocked and asked a solicitor who advised me that was probably the case.

Seems like issues like this are a minefield that take a long time to resolve and cost a lot in court costs.

I’m sure it will be resolved amicably without the need for that.

We’re on good terms and his property will be a lot more secure than it was previously.

 

It will form the boundary of my my new build. My balcony will be over looking it.

I would have had to do something to make it more visually appealing and secure now anyway. This would have been impossible in its previous state.

It seems boundary and garden laws in the uk are ambiguous at best. To persue anything incurs expense with no clear idea what the outcome might be.

I remember a case where someone had to let his neighbour park on his drive, because the previous owner of his house had done so for 20 years.

I know someone who tried to prevent his neighbours from driving over his land (end terrace with access to mid terrace rear drives). I told him he would lose the case even though it was his land. It financially ruined him.

Similar when you read about idiots spending fortunes on legal fees to move a fence 6”, and the case takes 5 years to resolve.

I want to keep things as amicable as possible.

 

Who's Deeds, yours, or your neighbour's? I suggest you obtain both.

When I say Deeds, I mean the original Conveyance and plan(s) prior to the title being changed to a HM
Land Registry Certificate/Title Plan.

And that Title Plan will totallty ignore what the actual situation on the ground is, because Land Registry Title Plans are NOT based exactly on Deeds.

 

Yes, my advice is to try keep at is amiable as possible and try get any agreement down in writing. We have a nightmare situation going on here at the moment...unfortunately the moron here is incapable of having any conversation, let alone an amicable one.

 

Everything is friendly.

His garden will be more private secure and look better. He won’t lose anything usable.

My balcony won’t be overlooking a pile of crap. And his bungalow windows will not be overlooking my gable.

 

Then everything will be fine and dandy then.