Rights to land

[JanetA]

We have recently remortgaged our house and received the deeds which state that we own a piece of land at the back of our house which we thought was only for hanging and dustbin ground, therefore did not use it and believed we had relinquished it because we have not used it for many years. My neighbour behind has built a tall fence with concrete base down the middle of this land about six years ago. Do we have any right to ask her to remove the fence if we decide to sell our house?

[RATTER15]

I think you need to consult a solicitor, I think if they can take over that land over ten years without you confirming that it is in fact your land, they can legally keep it. It is just a memory I have and I may be wrong, it does need sorting though before it is to late.

[woodchopper]

12 yrs is the limit I think - something to do with squatters rights.

[woodchopper]

Let us know pls.

[horsestache1]

Hanging???? Can you still do that?

[Eve]

It is 12 years but it is a lot more complicated than that and I'd get something sorted before you sell so it does not cause problems and delays then.

If the 12 years has not yet accrued, you could try speaking to your neighbour and showing her the deeds and asking her nicely to remove the fence as it is on her land. I'd make it clear that it is your land and you do not consent to her using and fencing part of it. Maybe put it in writing by registered post if she is being difficult and make sure you keep copies of everything.

Just to warn you though if they have had possession of the land without consent and showed the relevant intention and such for over 12 years they could try and claim it although you can contest this if you have the relevant grounds.

If your land is registered (ie has a title number) try this...http://www.landreg.gov.uk/assets/library/docum ents/lrpg004.pdf. It is a bit legal but should give you a general idea as to whether they have any claim. If unregistered let me know and i'l direct you to the unregistered land guide.

If there are still problems take legal advice, possibly a letter threatening for example injunctive proceedings.

Best thing is to try and sort it amicably if at all possible as you are neighbours and you don't want any dispute ongoing when you sell. Maybe you could compromise depending on what the land is used by her for such as granting a licence for specified use so her use and occupation is formalised and can be terminated if needs be.

If it's your land then fencing or similar it off is a wise idea to assert your reclaiming of ownership, you could put a means of access in such as a gate to which she is given a key.

Depending on the size of the land it could add value to your property and attract more buyers and you don't want

[Golden Shred]

Deeds have been done away with now that is why yours have been returned to you. It is how your property is Registered at the Land Registry (which yours is) that counts now. To see this click here and follow the instructions. Make a copy of the Plan and Register to keep.

With regard to your specific problem you can do nothing, absolutely nothing at all, without the prior approval and agreement of your mortgage lender. The land fenced off by your neighbour is worthless, the absence of it does not devalue your property by even one penny and means nothing to you. However, and take very careful note of this, if you attempt to claim it and the neighbour objects then you will have embroiled yourself in a boundary dispute that will blight your property and render it unsaleable until the dispute is resolved. Further, if it goes to court you will have to find a minimum of �12000 - �15000 and will have to pay your neighbour's costs of a similar amount if you lose, �30000 altogether. This is minimum, many go over �100000 with the loser selling their house to pay. Do not attempt to stand on principle or dignity, that is ridiculous. You are obliged to report the matter to your lender, but for your own sake simply say that you have noticed an error on the Plan and that a line is drawn in the wrong place and you therefore wish to correct the error on the Plan held at the Land Registry. You can then draw the line where the fence actually is to make this your boundary and DIY by phoning your local District Land Registry Office who will guide you through the (quite simple) process of Registering that for which they will charge about �30. But the Land Registry cannot act without the consent of your lender, so get that first. You will then be able to forget it and live happily and in peace, but enter into conflict with your neighbour over it then you will find your life miserable and ruined believe me.

[kelsmels]

Contact a solicitor you can trust, I think some are referring to adverse possession. Which someone can take out if they can prove they have maintained the land for that period and that no one loses out. Your solicitor may suggest and amicable split?

[sissimarissa]

I have just read through this and from my experience of a boundary dispute wish to say that the advice submitted by Golden Shred is right. You really should not do anything, not talk to the neighbour or a solicitor, before you tell your mortgage lender. As Golden Shred says it is very easy to blight your property and your lender has a right to demand their money back if you do that. The advice to regard it as a misdrawn line and correct it at the Land Registry and then forget it is good from my experience.

[JanetA]

Thanks everyone for your advice. As I get on quite well with my neighbour and have no particular plans to sell, I think the best thing is just to leave it as it is. This issue only came up because of the details in the deed when remortgaging and I was curious.