Watch our video on how to find information about your property boundaries.
This blog was updated on 21 December 2023.
I often get asked questions about boundaries and they tend to be some of the hardest to answer. A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. They can be the cause of heated debate and trigger arguments between neighbours, sometimes over just a few inches of ground.
In my experience, the boundary can often become the weapon of choice when neighbours have fallen out over something such as noise, pets, parties, or BBQs when the washing is out.
I always start by explaining that we can’t tell you exactly where your legal boundary is, as our title plans show general boundaries. The information is based on large-scale Ordnance Survey mapping and is generalised to some degree. For instance, it may not show small juts in the boundary or bay windows.
We can’t tell you which boundary feature you are responsible for either, though some registers may refer to this. If you want to check if we have any boundary information, you can get a copy of the title register, title plan, and any ‘filed’ deeds we have for your own property and your neighbour's property. A deed plan may refer to measurements but these have to be interpreted, as the land may not be level and you don’t know where they were measured from or how.
People often think they are responsible for the left (or right) hand boundary wherever they live, but there isn’t any legal basis for this. Sometimes deeds lodged with us when we first register the property may have information about it, in which case it may be mentioned in the register. In a lot of cases though, the deeds make no mention.
Then there are cases where the deeds refer to ‘T’ marks on a plan and include wording such as ‘to maintain the boundaries marked with an inward facing T mark’. Larger developments tend to have some indication provided by the builder, but there are no hard and fast rules, I’m afraid.
If you want to change an existing boundary, such as replacing an old fence with a new one, we always recommend discussing with your neighbour first and making sure it is all agreed. The registered titles can help you to reach an agreement, but only if this information has been added.
Who can help with boundary disputes?
Boundary disputes can be complex and I always suggest getting some legal advice if a dispute is in danger of flaring up. If a dispute continues, it is ultimately a court that makes decisions, but they do not like such disputes being put before them.
There are other organisations that can help you before things get to that stage. The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association have created a mediation service to help neighbours resolve disputes over their property boundaries without resorting to court action. RICS also provides a list of surveyors who could assist in boundary disputes.
Important points to remember
The main things to remember are that:
- our information can sometimes help, but is only part of a bigger picture
- the title plan will only show you the general boundaries of the property
- there’s more guidance on property boundaries if you need more information
- we cannot help you resolve your boundary dispute or provide legal advice - if you need help, contact RICS or if you need legal advice, see a solicitor
1,322 comments
Comment by Karen posted on
Hello, my property borders a local authority park on one side and across the end. The boundary fences are in very bad repair. We have been informed by other neighbours that the council should maintain the fences. I emailed council but are ignoring me. Will it say on my deeds if council have responsibility for fences.
Comment by AdamH posted on
Karen - the registered details may contain information re boundaries but as the blog article mentions there are no hard and fast rules so it is just as likely to be silent. It's always worth checking but agreeing who does what is invariably a matter for neighbours to discuss and agree.
Comment by Libby B posted on
Hi Adam. The wall between us and our neighbour is on our property. We are an end of terrace. Would this wall be ours? Standing with our back to our house the wall is on the left. But as I said it is clearly within our roof if you get what I mean. Also wondering if there is somewhere I could take my deeds and a photo to get this clarified.
Comment by AdamH posted on
Libby - If it is on your property then it would be assumed to be yours I suspect but it's establishing whether it is that counts in deciding if that is the case or not. As the blog article explains we register the general boundaries so the position of the exact legal boundary is very rarely known/defined. If you are unsure as to where the legal boundary lies then I would suggest discussing it with your neighbour and/or using a surveyor (RICS website) to compare plans/deeds/reality and a report of their findings.
Comment by Sadie posted on
I have lived in my house for 35 years an never had t replace fence on my left apparently there no red line on our land deeds so was told it a shared fence by new owner am I still respondable for it t repair half
Comment by AdamH posted on
Sadie - the blog article explains what sort of information can help in such matters. Best to share information and understanding with neighbour and then agree/decide between you.
Comment by Christopher Wagstaff posted on
Hi. We used to own a largish plot of land the majority of which we sold for development, but kept a small parcel, perhaps half an acre, that runs along the backs of several houses. This parcel of land is registered with the LR and has been for many years. We rarely visit the land as the development took place many years ago and there is no reason for us to visit. However, we were there recently to find that one of the neighbours had extended their garden by 50 ft into our land, and had fenced it and landscaped it. They claim that they did this many years ago and irrespective of whether it was registered or not, it's now theirs by law even though they have not paid for it. No one else in the strip of houses has done the same. Where do we stand legally? Thanks
Comment by AdamH posted on
Christopher - you'd need legal advice to ascertain where you, and they, stand legally. Our PGs 4 and 5 explain how a claim as to ownership might be registered and these will give you an idea as to what the claimant needs to demonstrate to register. It points at some of the essentials involved so I'd use those as a starting point and the key, as your comment reads, is likely to be how long ago did they make the changes.
https://www.gov.uk/topic/land-registration/practice-guides
Comment by chrissieA posted on
The law on adverse possession has been changed since 2002. Your neighbour has to show now not only that he "adversely possessed" your land for the requisite period of 12 years but also (now) that it would be "unconscionable" of you not to grant him that land.
Comment by ianflowers posted on
Adverse possession is a very complex area of the law and we always advise anyone who is unsure of their position or the action to take, to consider seeking independent professional legal advice.
Comment by chrussueA posted on
I am a barrister specialising in Land Law. I dont need legal advice thank you. I'm giving it.
Comment by ianflowers posted on
chrussueA - apologies, it was intended as a general comment on the blog regarding adverse possession so I should have added as a standalone comment rather than as a direct reply to you.
Comment by JenniferT posted on
We bought a very old cottage (300 years old converted buildings) in 2013. It is in a terrace and some have tiny -2 metre- walled gardens at the front whereas others, ours included, have a paved area before a tarmac pavement.
A front porch was added to ours over 10 years ago so that part of this front is now part of the house. We were told by the Land Registry, that our little front part belongs to the council. Oddly, it seems that this is not the case for the three identical front areas on houses on either side. We have the porch, waste bins, outdoor access to gas, plant pots on the paved area as do our neighbours, who also bring their cars up.
We are hoping to resolve this as it seems a mistake by the LR. We have not yet got the necessary 12 years though the previous owners did sign to say they had used it unchallenged. Surely the situation would have come up when planning permission was granted for the porch - those owners have since died so we can’t check. What do you suggest please?
Comment by AdamH posted on
JenniferT - I assume you’ve completed a search of the index map to confirm which parts are registered to whom. How neighbour titles are registered are rarely relevant as each title is registered on merit as and when each title is registered.
If you are challenging the position and suggesting the land should have been included then you’d need to make an application to correct the title and include supporting evidence.
Planning applications focus on the size, shape, materials etc to be used and don’t focus on who owns the land. You’d need to check with the planning authority though to confirm whether checks were needed/made.
Comment by LisaD posted on
Hi Chrissie,
I am in dispute with my neighbour about building a front garden wall between our properties, we are building some 9inches in from the boundary measurements clearly listed on our deeds. My neighbour has sent me a letter of dissent in reply to my letter notifying them of planned works and nailed a wooden post to the FRONT of my house (it is a semi detached house and not even the one we are attached to) and damaged it (which I have reported as criminal damage) My question is, if my deeds state my boundary as 27’8” and I am building up to 26’9” how do I prove to him I am within my boundary?
I am very frustrated, I have lived here for 18yrs and never had issue before we had an extension built for our disabled son..
Thanks in advance.
Comment by JenniferT posted on
Thank you Adam. It is odd if the porch is built on land owned by the local highways. Also, why ever would they own and maintain a patch of land approx 3 metres square right in front of a house when the rest of the row is owned by the homeowners. It was cobbled by previous owners and is of no use to anyone other than us!
When we bought the house the solicitor didn’t think it was a problem and that we would be able to resolve it after a period of time.
Comment by AdamH posted on
JenniferT - I’m unsure if it’s odd but these things can and do happen. It’s only when someone checks, spots or reports it that it comes to light.
Land ownership is rarely about ‘Why?’ as the starting point tends to be a hand drawn plan included within a legal deed dealing with its ownership. What people think, believe, assume or then do doesn’t form part of that deed/plan
And if your legal advice was to wait and resolve then that’s where the 12 years comes in from a complex law on how possession can be claimed. I’d suggest referring back to that advice to reaffirm it and decide next steps. You stated you are hoping to now resolve it but not why now if the 12 years have not passed. The why now reason matters here as to refreshing that legal advice
Comment by Jon posted on
Chrissie A, That's a fascinating point that I wasn't aware of. May I ask a question? What sort of circumstances might it be unconscionable not to grant the land? When I bought my property I was aware that a neighbour had removed the boundary markers behind the garage and was making use of a narrow strip of my land between the rear wall of the garage and the boundary line. It didn't really bother me, I don't need that land and it does make access round the side of his (extended) house easier for him. If he wants to ultimate claim possession, I think it might be more hassle than its worth for me to resist that. But that point you make about needing to be "unconscionable" seems to raise the bar for him so I'd be interested to know when that concept might apply.
Comment by chrissieA posted on
The law on adverse possession has been amended recently. There is good information on gov websites on the changes. If you have no objection to your neighbour obtaining possessory title to what is currently your land then fine. If you are not then you must oust him from possession before he has rung up sufficient years of user to claim AP against you. Despite your not objecting to his actions you need to be aware that a potential purchaser of yours may be put off buying your property if you do not act. Not everyone is as reasonable as you are!
Comment by chrissieA posted on
Say someone mows the grass on a bank you own. You have let your property and are not aware that is being done. Ten years pass by and then the person who's been mowing your bank claims adverse possession (AP). Arguably it would not be "unconscionable" for you to refuse his claim. Contrast this situation: your neighbour builds a garage on a concrete base and part of it lies on your land. You are aware of this but do nothing. Ten years later he claims AP of that part of your land. Arguably it would be unconscionable for you to deny his claim.
Comment by Topic posted on
Hi, I was very interested in your post and I’m hoping you can clarify something for me?
Our title deeds and plans match those of our neighbour, however they have encroached onto our property by approximately 3M (according to a certified land surveyors report, land registry plans and the developers plans).
They refuse to move their car off this area siting that a row of bricks laid in the grass was the boundary and that the bricks have been there for many years?
They moved into the property in 2017 and have now gravelled the area in question up to these bricks, so is the title deed plans correct as I assume they are or are these unknown bricks the new boundary?
Is it more the case that they only changed this area in late 2019 so do not have any possession rights to the land?
Comment by AdamH posted on
Topic - we can’t tell you where the exact legal boundary lies and the article explains that in more detail. It’s legal advice you need here as to what your rights are and how the law might view your neighbour’s claims/actions.
A claim to having taken possession would need to be for more than a year https://www.gov.uk/government/publications/adverse-possession-of-registered-land
Comment by Topic posted on
The question was to CrissieA to be honest.
He seems to know what he is talking about being a Barrister in land law.
Can you get replies from just certain people?
Comment by chrissie posted on
You will see if you go onto HM Land Registry site that the plans they issue are not to be relied upon. It is your neighbours who must prove on a balance of probabilities that what they are claiming is correct in fact and in law. What matters most is what the land indicates is correct. So you need a boundary surveyor with a good reputation. If your neighbours cannot prove their case they are trespassing on your land. Unless of course they've used that piece of your land without force and without secrecy and without permission (from you or your predecessors) in which case they could arguably have acquired an easement.
Comment by chrissie posted on
Prima facie they seem to be trespassing on your land. That is a civil and a criminal matter. You cannot deal with this situation yourself. You need a good firm of sols to send a letter to them requiring them to remove their vehicle from your land. They appear to be seeking to acquire adverse possession rights to your land in blissful ignorance of the fact that the law on that has been amended recently to their huge disadvantage. Further if you do nothing about this there's a risk they could over many years acquire an easement over that part of your land by "prescription". This is user for a period of a minimum of 20 years "without force, without secrecy and without permission". So you must act now. But do so without running the risk of catching Covid-19. I would wait until the crisis is over on that score. But once safe act. Instruct a good solicitor.
Comment by Aranya posted on
Hello
I wanted to get some advice please....Our neighbours would like to render their front facing wall and got an engineer not a surveyor to take measurements to establish the centre point of the wall. As part of this exercise the recommendation that was provided was the fence (that we own) in the middle of the semi detached properties was encroaching on their land and was not in the centre of both properties and should be moved. No surveyor has been involved to date and no reference to looking at land registry documents. Having looked at the land registry documents myself these only have general boundaries as expected and nothing specific but does show the boundary is at an angle.
My view to move this forward is we get an independent chartered surveyor to come in check the land registry documents properly, produce detailed measurements and if the boundary is required to change we complete a determined boundary form. By being amicable I suggest we split this total cost. In terms of solicitor fees we need someone to witness the signing of the determined boundary form but i think thats it. Is this the correct way forward?
Comment by AdamH posted on
Aranya - if you both agree then that can be a way forward
Comment by Amy posted on
Sorry to but in, I’m not sure if you will get this question but thought I would try. We moved in to a semi detached house 2 1/2 years ago, the previous owners lived here since the 1960’s they put up a conservatory about 35 years ago. Which stood until about 1 month ago when we took it down when we started our build of our new extension. The extension has been approved by the council, both neighbours informed and no objections. But now the footings are in and we are ready for the brick work they neighbours family meme we (who doesn’t live at the property) has come to our house with the issue that we are building on our neighbours land. The old conservatory stood for at least 30 years, we have had no mention to us previous to this that it was built over the boundary, all the plans were drawn up and signed off with the questions or complaints. But now our neighbour is telling us we can’t build up to where the old conservatory originally stood. Where do we stand with this with regards to the adverse possession of land etc. I’m not wanting to get into a situation that could cause us ongoing issues or cost us a lot of money to sort out. I’m just a bit annoyed that nothing has been said before this, morning to the previous owners of our house as the conservatory was up for so many years. So now that we have taken it down it seems like our neighbour now wants to make us change things, but not sure if we need to or can we just carry on as planned. Thank you
Comment by AdamH posted on
Amy - it’s legal advice you need here as to what rights you and your neighbour may have. Adverse possession is a complex area of the law as well
https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land
If you are looking for wider comment advice, especially around extensions and footings then try online forums such as Garden Law and Money Saving Expert where such matters are often aired.
Comment by chrissie posted on
Having planning permission is not any indication that you own the land upon which you wish to develop. Nor would any of the party wall proceedings give you such permission either.
Comment by Topic63 posted on
Christie A:
We have done everything by the book, solicitors, land surveyor and had to request the advice of a barrister, none have helped due to legal jargon and plan requirements for court (CPR35) even though the land registry plans match that of the land surveyors details we still can’t move forward, I have even now applied for a defined boundary application but even the Land registry want to ask my neighbour if they agree - They issued the plans in the first place! What is the point of the land registry, why on earth issue deeds and plans that ultimately mean very little if, as in my case, a neighbour decides to steal your property?
To date this has cost me thousands and I’m no better off, it seems the victims of such crimes have to yield while the criminals get away Scott Free plus gaining your land by default.
I am so bloody angry with the system in this country, there is no protection for victims like me. We have now only one choice....go for sale!
Thanks to the Land registry for selling me a house with false plans, thanks to the justice system for letting the criminal win - What a great place the U.K. is.
Comment by Confused posted on
Hi Chrissie. Our neighbour has claimed trespass on their land by virtue of some building works in 2018. However prior to the works, we had a meeting with the neighbour to agree where the boundary was. This was verbally agreed as being a tree which belonged to the neighbour but had fallen across my property. The neighbour had the tree removed. We then built the building and landscaped the land between the building and the agreed tree. The neighbour did not raise any boundary issues during the building phase and in fact for almost a year later. Then a solicitors letter arrived which we rebutted. Fast forward - after respective lawyers exchanges and expert reports, boundary still not agreed as title deeds are ambiguous and no dimensions or markers on the ground. We have been maintaining the disputed land since 2004 and in March 2019 put topsoil, grass seeds, planted bushes etc and have since cut the lawn and maintained the land. So effectively continued our use of the land which we genuinely believe is part of our land but boundary is not determined. Based on above would adverse possession be a better option vs Estoppel? Or a Land Registry Adjudicator to determine?
Comment by Sasha Byatt posted on
Hi Chrissie. You seem to really know your stuff and I was wondering if there was any way for me to contact you privately?
Comment by NBratton posted on
Hi Christie I am hoping you can help with some advice on a rather urgent matter please? We purchased a pair of derelict Cottages and two acres of land in 2011. The land was heavily overgrown and we spent three years focusing on rebuilding the house to get the family out of a mobile home paying little attention to the boundaries. Since 2014 we have developed the land adding paddocks and stables. In 2012 a syndicate of 15 neighbours bought the 12 acre field and small wood on our western boundary. In Feb 2019 the syndicate contacted us saying our fence stayed into their land (essentially a six metre by fifty meter triangular strip). When we looked at the combined LR plans there was a small dogleg we had missed not surprisingly given the state of the site. We have argued that you cannot rely on the accuracy of the land registry plan alone and need to look at other evidence (we have statements from our vendor stating the fences have been in situ since 1985, trees grown around fences, a shed on a concrete base which clearly predates our ownership by several years), but the syndicate are adamant the title plan is definitive. They have now had the boundary surveyed (we allowed this to go ahead in the spirit of cooperation) on Monday 22nd June. Today we met with two representatives of the syndicate who only when asked told us a fencing contractor was due to remove our fence this Saturday and erect there own splitting our stables in two and cutting us off from our toolshed (which was erected in 1991). Sorry long story but a) can they do this soley on the basis of title plans which no individual or institution seems to believe are accurate b) my understanding is in event we need to be legally given 30 days notice in writing? Thanks again for any advice you can give please?
Comment by chrissieA posted on
HM Land Registry state clearly that one should not scale from the plans. It's older plans that are the issue. So HMLR plans are for identificatin purposes only and one should not take measurements from them as being definitive.
Comment by Julie posted on
HELP
17 years ago we bought off plan a new build with covenants in place which protects the open plan frontage we choose the corner plot of a row of 3 on a cul de sac which have in n out drives we have right of way to our home. Returning from work yesterday the 1st house has removed original boundary bushes on there land with rocks plants and slate which looks very nice but now has made reversing off our drive very hard I have spoken to them and asked if the last metre could just be slate no rocks they have declined saying it’s there land and it’s to stop people driving over there land which I agree is irritating but there’s been no thought or compassion for us permanent householders . I’m not sure what I can do and don’t want to get deluded on the issue but would like to resolve amicably .
I can attach pictures so you can have some idea of what I am taking about
Thanku for your time
Comment by AdamH posted on
Julie - I’m sorry to read of your difficulties. This is a blog rather than a forum so you may get more responses on Garden Law or similar forums. Chrissie has very kindly replied to the comments directed at her but in my experience such matters are often only resolved through you and your neighbour discussing and resolving the issue between you.
The works done don’t appear to breach the open plan covenant so you may have to consider how else you can enter/exit your parking area.
Comment by Jones254 posted on
Hello, not sure if people are still commenting on this blog but it seems very useful to me right now! I own an ex local authority property, it was sold off to the previous tenant in 1995, I purchased it in 2014. It was advertised as having a garden. I am now selling my home and have come to realise that there is no garden in the title plan the boundary ends where my house ends, in fact the whole street have no gardens on the plan along with the street having two names in it, one is correct the other doesn't even exist. I have looked into it as I'm worrying, I can't see on the land registry map who owns the land where my garden is. My neighbour showed me his land registry title and the map is different showing a marked garden which covers the boundary but also 3 marked gardens in some houses down the road.
I have photo evidence that shows this home has had a garden since 1999. My neighbour living there 9 years before me also claims there has always been a garden. I have no idea if it's an error when the home was sold in 1995, an error from land registry because the map is incorrect and my neighbours map is marked different or should I just put in an adverse possession claim. I have solicitors looking into this already but I can't stop panicking about it!
Comment by Cat posted on
Interested in how you got on with this? Did you try checking Google earth images to ascertain when they took the land? They are dated and I'm.sure there's a way to see previous images too?
Comment by Topic posted on
Hi Christie,
Thanks for the reply, can I just confirm one point - If they only changed this area towards the end of 2019 which I have disputed and requested that they return the area to as it was, including solicitors letters, I find that it is up to me to get them to react, they are happy to just remain on the land without having to prove anything.
You say it is up to them to prove that the area is theirs when in reality it’s me having all the costs to prove they are wrong in their assumptions, how do I change this around?
They have a car parked on the area currently and refuse to move it!!
Comment by chrissie posted on
You will ultimately need a court order to require them to remove their vehicle. A county court would issue one. But it requires you to instruct a solicitor and if their letters don't cause your neighbours to act lawfully then proceedings must be threatened. Litigation is a pricey business. For both sides. There is nothing that focuses the mind more than a threat to take an issue to court. My name is Chrissie, not Christie. I'm female. Some barristers take instructions direct from the lay client ie you. That cuts out the costs of having a solicitor.
Comment by Topic posted on
Hi Chrissie,
Apologies for the ‘Spell checker’ error on your name 🙁
I have instructed solicitors and although we have now exchanged a few letters (at my cost) they are reluctant to instruct their own solicitors and continue to try and fight this via emails, for free and without a care.
Why is the law not there to protect those that are the victims of such land theft, why is it up to me to incur costs while they have no penalties at all?
The system is so VERY unfair and unjust.
So I have stubborn, awkward, horrible neighbours that think they can do what they want and sadly they are right.
Comment by Topic posted on
Hi Chrissie,
I don’t suppose that you would be interested in taking on this case on my behalf?
I can send you contact details if you wish?
Comment by Amy posted on
Well the old conservatory stood for over 30 years and I have spoken with the previous owners of our house who built the conservatory and asked if they had any issues or complaints from the neighbours when they built the conservatory with regard to it being over the boundary or on their land etc but they informed me nothing was said. It’s only now that the issue is raised while we are mid way through our build.
Comment by AdamH posted on
Amy - that’s fine and will be important to deciding on the legal position and possible next steps. It’s important to note that there are two sides to everything, literally, and if there is a disagreement or dispute then it’s the law that acts as the arbiter in such cases. It’s not us, a solicitor or surveyor but a court if you and your neighbour can not resolve it. So please do get legal advice
Comment by david gregory posted on
hi Christopher this piece of land of yours isn't at the back of belle vue is it as I have a claim against the new development next to us.
Comment by chrissie posted on
I have a full caseload right now. But to save money you could try seeking legal advice direct from a barrister who does "direct access"(that avoids the costs of a solicitor). You basically need his or her view on the deeds/plans as they are. And you need to have a measured plan taken from what's on the ground for comparison. Plus photos of the offending vehicle etc And a log of incidents with times and dates to show neighbours' conduct and also keep a note of anything they say to you. It isn't that the law doesn't seek to protect you it's that the bad guys are the ones that need to change their conduct. Bad people tend not to do that unless a court forces them to do so or a threatening letter before action focuses their minds! If you can't find a direct access barrister who does land law you will need to find one through your solicitor. Do bear in mind that if you win your case you get your costs back. (You may also have legal expenses cover with your home insurance policy. But that will rely on your using the insurer's solicitor's firm (likely to be somewhere where commercial premises are cheaper) and you wont have choice. And there'll be a limit on how much insurers will pay towards your case. Normally around £100,000.00)
Comment by Lisa posted on
Hi karen I have exactly the same issues but now claiming liability via la insurance company.
Comment by AdamH posted on
karen - we have approved your comment but removed your personal details as we cannot publish your phone number on our blog due to privacy concerns. Hopefully Lisa will be able to react to your comment and make enquiries elsewhere re insurance options
Comment by Davina Harley posted on
I started buying my house in 1980 paid for it now and have all my deeds. My neighbour moved in in 1980 and Land Registry have altered boundary line it's totally different. Downloaded both properties today. They can put it back to my deeds boundary I have them here. Obviously the seller has committed fraud by changing it when they sold it to her. Someone needs sacking at H M Land Registry or NWLDCouncil. How stupid can they caused major dispute even though I was in my property 30 years before. How could they make a mistake like that?
Comment by AdamH posted on
Davina - mistakes can be made in a variety of ways when dealing with land/property. If you have not raised the matter with us then I woud sugegst doing so using our online contact form. We can then take a look and advise from our perspective. https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
If you are in dispute then I would also recommend seeking legal advice/assistance
Comment by Davina Harley posted on
My neighbour moved in to her property in 2008 sorry and I moved in to mine in 1980 I have all the title deeds and Land Registry plan. I did contact them about the alteration on my neighbours land registry plan as mine is still the same it was.They rang and said the red line means nothing but if not why have it. I have the original title deeds as it is paid for now. I read on a post that the title deeds originals were the ones to look at as they would be the ones showing original land which it does before other property was built. Should they alter neighbours red line so it is same as it was and same as it still is on mine. Thank you.
Comment by AdamH posted on
Davina - who do you mean by they? And is your own property registered? I suspect you mean HMLR, namely us, and that your property is unregistered. If so I would suggest applying for a voluntary first registration as this would deal with any anomaly as appropriate https://www.gov.uk/government/publications/first-registrations
The red outline on the title does mean something as it shows the general boundaries as registered by us. No plan will show the exact legal boundary unless it has been formalised in some way, for example by way of a Determined Boundary application.
Comment by Davina Harley posted on
Hi Adam yes my house is registered and I have spoken to Land Registry and NWLD Council. I was asked if there were any historical features garage,shed or base. Even though garage was knocked down years ago the original base from pre 1978 is still there. The neighbours fence is about e foot over my base. My neighbour said she had a surveyor and put boundary pegs in herself. The boundary pegs are clearly on my side and I now have local legal department and anti social behaviour team to deal with my neighbour. Hopefully it will be sorted very soon thanks. Davina.
Comment by Aidan posted on
Davina,
Unfortunately the the LR seems to let this fraudulent activity occur without any action against the fraudulent party. Myself and a number of my neighbours are experiencing hell due to a land owner fraudulently registering land i.e. not declaring know interests and rights and what do the LR do (nothing) despite being provide with proof. Meanwhile we have to live with the hell and subsequent landowner submitted changes incur costs. It's a disgrace.
Comment by Topic posted on
Land Registry in the U.K. is a joke, their motto is: “Your land and property rights: guaranteed and protected”
This could not be further from the truth, if anything it’s an outright lie.
Even the RICS say that the LR in this country needs a major overhaul to fix a very broken and unfair system.
Property exchange and conveyancing means very little and it’s embarrassing that the land registry charge you for plans/deeds that have absolutely no meaning or protection in law, as soon as you get a problem, the land registry (who issued you your plans) will just walk away.
It’s time that the ‘book keepers’ that is the land registry were given powers of enforcement to ACTUALLY protect one of the most expensive purchase most of us will ever make.
Comment by Eftichios Neocleous posted on
Hi, I recently brought an overgrown plot of Greenbelt land adjacent to my property. While we have been excavating we find that the eastern border has been compromised and is a full 10-12 feet narrower running the whole length of the plot. When the deed overlays the current ordinance survey the discrepancy is considerable. What can I do?
Comment by AdamH posted on
Eftichios - I assume you mean that the registered extent you have bought is greater than the reality on the ground, namely that the extra land is outside the physical feature which you believe indicates the boundary line. If so and you in effect own land outside that border I would suggest contacting the neighbouring landowner and agreeing a way forward with regards how to denote the boundary between the two of you.
The OS detail will only ever show the physical features in place on the ground at the time of their survey. Those features may or may not indicate where the boundary lies but the OS detail is not drawn to define the legal boundary for example
Comment by Matthew posted on
Hello
I am hoping for some advice please. We have a 1905 date private right of way on our property and our neighbours in favour of the landowner of a field to the rear of both properties. The right of way is 8 feet wide and were gates between the three properties.
The land owner has been complaining about the gates not being easy to open for years. However both my neighbour and I have checked and believed the gates to be easy to open. The real issue is that the individual can’t open his car door when parked by the gate, and has to walk up from the road approximately 80m to the north to open the gate and then walk back down to his car
Yesterday the field landowner took both gates off the gate posts and pulled the gate posts out. Leaving both our property boundaries open. In my mind this is criminal damage and hence should I be reporting him to the police before taking any further action?
Comment by AdamH posted on
Matthew - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Chris posted on
Hello
I have had a house built, but the builder has built a retaining wall in the wrong place, by approximately 0.5 metres onto some adjoining land. Can you recommend what I should do as the builder refuses to acknowledge he has made a mistake.
Kind regards
Chris
Comment by AdamH posted on
Chris - I'm afraid we can't as it's very much something for you and your builder to discuss and agree upon as to what happens next. The adjoining landowner may also have a view of course as you are acknowledging that you have encroached on their land. If you are unsure as to your, or your neighbour's, legal rights I would recommend sonsulting a solcitor
Comment by Mrs Susan Fowler posted on
My parents property and the neighbouring property have had a shared pathway for over 40 years. Mid 2017, the neighbouring property owners acquired the shared path as their own. We have tried to explain to them that this pathway was here when we first moved into the family home and has been there up until they acquired the land. We have pictures from Google Earth that show the pathway. The main issue at the moment is that the neighbours have just sold their property. I am extremely concerned that we will not be able to reclaim the shared pathway once the new purchasers settle. Please could you advise me what steps I can take to ensure the Estate Agent who is selling the property, and the purchasers, knows there is an issue. We have tried speaking with the neighbour but they just won't listen.
Comment by AdamH posted on
Mrs Fowler - there are several things to consider here although the two Qs asked are not realy ones for us to advise on. Whether you should or how you broach it with the EA or prospective buyers is something I would suggets getting legal advice on first to ensure you are not for example making yourself liable for any claims that you prevented them selling.
The other things to consider here are what rights have your parents over the path? Is their property registered and if so do they have a right over the path registered. Or if unregistered do their deeds refer?
You can check if it's registered and how online and by post as appropriate https://www.gov.uk/get-information-about-property-and-land
If no right is registered/recorded in the deeds then have they used it for long enough to acquire right to continue to use it. 20 years is the minimum timescale and our Practice Guide explains this in more detail https://www.gov.uk/government/publications/easements-claimed-by-prescription
As such I would recommend checking the details they have registered/recorded and then seeking legal advice
Comment by Walter posted on
21 years ago, my neighbour was erecting the fence between our gardens. There were several trees on his side that stopped the fence running in a straight line, and so he asked if he could bring the fence around them onto my side of the border. I gave my permission. I have a new neighbour now, who I have occasionally told about that agreement. He is now replacing the fence, and wants it to run in the same place. I have asked that it be straightened to its correct place. He is now claiming adverse possession, even though I gave my permission to the owner when the last fence was erected and it was placed incorrectly with my knowledge. Can he do that ?
Comment by AdamH posted on
Walter - something you will need to get legal advice on I'm afraid. We can supply the registered details but we cannot advise you on the law. If you are looking for wider advice/assistance then online forums such as Garden Law can be useful resources for insight into how such matters may play out or be viewed legally. However it is legal advice you need on your unique set of circumstances
Comment by Gordon sanderson posted on
I have just been informed by next door that I have to remove three screws that i put in to hold a 6x6 fence panel to the wall of his new extension ,
I did it as wind was blowing the panel over .
I am now ttold that i have to take them out and replace the three bricks .
He removed four fence panels and the posts while the builders built said extension Should he not replace the fence that was our boundary at his own cost I have dogs so they go into his garden and i do not have the money to replace the fence any advice please .
Comment by AdamH posted on
Gordon - I'm afraid it's legal advice you need here as to what your rights (and his) are in such cases. If you arev looking for wider online advice/comment then online public forums such as Garden Law or Money Saving Expert can be useful resources. The former in particular often discusses such matters but it is legal advice we would always point you to.
Comment by Lady Pippin posted on
I'm having a boundary dispute with a potential neighbour who has renovated an old property opposite me. I own the private road which goes up to the two properties giving obviously vehicular access. The land that goes with the building was conveyed to the seller's father in a Deed of Grant date 1968. The plan on the Title Deed is not very clear but I've photos of how the road annexed to it clearly showing how the road was when conveyed and still should be which corresponds with my Title Deeds and also the sellers. Completion has now taken place and the new owner has registered her property with the land registry using it would appear the Estate Agent's plan which was found to incorrect and was subsequently changed accordingly. Surely the land etc should have been registered from the Title Deed plan on the Contract of Sale supplied by the seller's Solicitor and not taken from the Estate Agent's plan by her Solicitor? By using the wrong plan I've lost a significant part of the entrance to my gateway and am hard pushed to get in and out. We need to get this sorted asap as a condition of allowing the builders etc access to do the renovations is that they/she has to make good the road as it was before and obviously this can't be done till the boundary is sorted out. Needless to say there are no dimensions, my property goes back to 1860!!
Comment by AdamH posted on
Rachel - registration is based on the deeds/documents submitted. It would be rare to rely on an Estate Agent's plan or indeed a Contract as it is the legal deeds we would look to re what has been conveyed over time.
You do not mention whether your property is registered or not but if we had mapped the neighbour's title to include registered land then this would have been covered at the time, often through contacting the affected registered owner or by excluding the already registered part from the new title.
If you are in dispute wiht the neighbour I would recommend seeking legal advice.
Comment by Lady Pippin posted on
At the present moment we are trying to sort this amicably. The building and land sold formed part of another property so was included in that Title Deed. My land is registered and the plan on the vendors TP1 is correct and matches the plan on my Title Deeds. What puzzles me is that the plan that the purchaser has registered differs from the vendors plan on the TP1 and appears to include some of my property which was not sold to her and which is similar to the plans on the Estate Agents particulars, so am at a loss to understand how this could have occurred. Surely the plan on both parts of the TP1 should be the same.
Comment by AdamH posted on
Rachel - we would register the TP1 as submitted by the purchaser's solicitor and executed by the Vendor. Are we referring to 2 copies of the same TP1 or perhaps an older TP1 whereby the Vendor bought their larger area of land and property and a new TP1 now used to sell to the purchaser? If we are then the latest TP1 does not have to rely on the older TP1 plan but can have it's own plan instead. Either way we still rely on what is submitted in the new application/TP1 and then fit it as appropriate to the registered title(s) involved. If there are any overlaps or discrepancies then these would eb raised with the applicant to resolve.
Comment by Lady Pippin posted on
Sorry I obviously didn't make this very clear that this is a first registration in respect of land and property in question.
Comment by AdamH posted on
Rachel - if your title is registered and the Vendor's title is as well where does the first registration come in? In the circumstances I think it might be better for you to raise this as a specific enquiry, quoting titele number(s), so our support team can take a look and reply in context https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
Comment by Lady Pippin posted on
The First Registration comes in as this is a building and a piece of land that was included when her father bought the site in 1968 in the vendor's father's Title on his main property owned at the time . Since then that old building and land has been sold and it's now been admitted by the purchaser that she's registered the property with the plan on the Estate Agent's particulars which were inaccurate and amended accordingly. Despite copious docs and photos sent to her by email showing the inaccuracy of her Title, she's adamant that she's right and that everything else is wrong!! We're just going round in circles, so I've respectfully suggested she goes back to her Solicitor for clarification. What puzzles me is why/how did this happen in the first place??! There is also a suspicion that another piece of land owned by another neighbour may also be included in her Title, again this was not sold to her but was included originally on the Estate Agents plan. This was amended by the signing of a ST1 but they way things looked, it may still be included in her Title. I would like to thank you for your help. I hope I manage to resolve this without having to go down the Legal route - fingers crossed I really don't want a neighbour dispute.
Comment by AdamH posted on
Rachel - I would recommend looking to strip away the questionmarks over theis and confirm what is registered and then request copies of any documents relevant to those registrations as appropriate. At present there is too much uncertainty aorund what has happened and I have not come across sellers/buyers who would use an estate agent's plan in a legal deed. The EA is marketing the property and the requirements are very different to what is required for a legal deed which then transfers the ownership.
Like you I trust that the situaiton is resolved amicably but if her title has been registered then confirming the basis for that registration is crucial it seems
Comment by liz posted on
Hi, can you point me in the direction of the Act which defines a legal boundary. I understand from your guidance that a legal boundary is a line in space with no width etc, but is there an actual definition in the Land Registration Acts or some other legislation, that says what a legal boundary is or is it purely a definition that has been drawn up by HM Land Registry?
Comment by AdamH posted on
Liz - the term ‘boundary’ has no special meaning in law. In the context of property ownership it can be considered to have two meanings:
Legal boundary - the term may describe the imaginary or invisible line that divides one person’s property from that of another. This could be described as the ‘legal’ boundary. Such a line by definition, has no width and can therefore only be an abstract concept which in practice can rarely be precisely reflected in any form of physical boundary demarcation.
Physical boundary - the term ‘boundary’ may describe a ‘physical’ boundary feature which may follow the line of a ‘legal’ boundary.
Comment by Lady Pippin posted on
Thank you so much Adam - the matter has now been resolved!! I agree with everything you've said. I also have never known anyone use Estate Agents plans to determine Title and having suggested that she goes back to her Solicitor to clarify things, she has had another look through her documents and has now come across the Official Copy of Title Plan registered at the LR Kingston upon Hull in October 2015 and the plan on that Title Deed is correct. God knows what or how the document came about, it's a total different Title Deed!! I've now got the full width of my road back!! Thank you again, thought I was going completely mad!!
Comment by AdamH posted on
Rachel -that is a relief and well done for resolving it so smoothly. The only thing I can think of here is that the EA role is quite different in that they are marketing the property for sale. That is not to criticise their role in anyway but simply to refelect the fact that plans can be created for a variety of reasons and not all for the legal deed associated with the end sale/purchase of a property
Comment by Lady Pippin posted on
oops should have said "the other document came about" !!
Comment by JohnH posted on
A question please; I am in the process of buying the freehold from the leasehold I currently own from (unfortunately) my Local Authority. This is being done via Form TP1 (parial transfer of registered land). At the rear boundary of my garden is an earth retaining wall that is used by the Council to retain their higher land amongst other uses they have for it. The lease makes me responsible for repairing and maintaining said wall. The lease clause has been entered into the TP1 form by the Council stating it is "standard practice" to incorporate any lease terms into the TP1. After many letters they have confirmed they intend to transfer ownership of the wall to me as a result of me signing the TP1 form. I do not wish to take ownership of their poorly built delapidated asset. If we are unable to resolve this issue (seems highly likely with the Council) I understand that I can take the case to the Land Registration division of the Property Chamber (First-tier Tribunal) to amend or remove this clause in the TP1 Form. Would you know if this is correct please?
Comment by AdamH posted on
johnH - you really need legal advice here as to what options are available to you. I am not aware on what grounds you would be able to seek removal of such a clause after you have accepted it by executing and registering the Transfer itself.
Comment by JohnH posted on
To AdamH
I have refused to sign the TP1 at present, for this reason.
Comment by J Pope posted on
we purchased a house in 2014 with a boundary fence which behind as a strip of land about 3ft wide. its unused. looking at old maps this land seemed to be in the boundary of our garden up to 1980. Is their a way to look at old title deads/registry to see if it was once within our garden?
Land is ex local authority and we purchased from someone who borough the property from the council. Sellers never engaged with us and gave little information at the time although our Solicitor said boundary was ambigous
Comment by AdamH posted on
J Pope - we don't hold original deeds/documents so it is the registered title you would rely on here. Maps do not show or define legal ownership. They define the physical features in place at the time the map was drawn.
If it was once owned by the local authority then I doubt if original deeds/documents exist and/or were passed on at the time. If the title refers to a 'filed' deed then that may help explain what was Transferred by the local authority at the time and clear up the issue for you
Comment by Patrick posted on
Hi. Our title deeds differ to our neighbours with the T marks in different positions. Our deeds have the T on the disputed side in our neighbours boundry but theres show the T in ours. Our deeds seem to be more up to date as our house is detached which is indicated on our plans but our neighbours version shows our plot as a semi detached house. Is it possible for one set of plans and T marks to supersede another?
Comment by AdamH posted on
Patrick - anything is possible but any superseding would be a matter of law and the ultimate arbiter a judge. The key, in my experience, is that such details are often part of a much bigger picture as who maintains a fence for example can change between ownerships and owners may not always follow what a single piece of information provides. For example a covenant to maintain the fence on the side marked with a T in 1923 may not still hold true or be legally binding in 2018. Equally a covenant in a deed affecting a specicif property relates solely to that proeprty. Yes there may be other T marks for neighbouring properties but the actual covenant relates to that single property only.
So everything goes into the mix and and invariably it's between neighbours as to how they resolve and agree such matters. If you are looking to trump the neighbour with informaiton then that can work if the neighbour is willing to be trumped but ultimately that is only somethign a court of law could arbiter on
Comment by Anish Gupta posted on
We have a similar situation near us a home owner has extended his property to block a path running between houses. As the area was allotments - prior to the 1950's the council don't own the path or maintain it but it has been in use for at least 50-60 years. It has been a real issue for locals but there is nothing they can do as the land in unregistered and there is little chance of finding any conveyance for it, the council seem to have washed there hands of it and don't want to be involved. So the home owner is left to do as he wishes and battle ensues with no one able to find who is in ownership or responsible. It has become a battle of who is brazen enough to steal some of the path and will end up a mess of adverse possession in 12 years.
Comment by Jim Kendall posted on
21 years ago I purchased my house from the Nationwide Building Society with a promise that they would complete and register the land correctly as it was 'on the ground'. Now we have found they failed to complete their promise & instead of placing the front garden and part of the front driveway in the correct position the Land Registry placed it on-top of my 4 bedroomed detached house. This along with part of the land on which my house stands still being registered & owned by the man the Nationwide B.S. foreclosed on for defaulting in payment of their loan. To add further pain to our problems we now have a neighbour that can produce Land Registry Documents showing he owns all of my front garden. Surely someone at the Land Registry must have seen that you cannot put a garden & driveway on-top of a house?
This is the second post I have put to the Land Registry but you seem to avoid anything that may reflect on your competence?
Comment by ianflowers posted on
I am sorry to hear of the difficulties you have experienced. We will not be able discuss individual cases on our blog but in general terms, we essentially have an administrative role and are required to register boundaries based on the applications made to us. Please contact us - https://www.gov.uk/guidance/contact-hm-land-registry if you have any new enquiries or issues to raise.
Comment by David posted on
Hi I purchased a small plot of land last year and now my neighbour claims he actually owns some of it. Shows that it is mine on land registry map.is he just trying it on!? Whats best way forward before solicitors get involved thanks
Comment by AdamH posted on
David - we can't advise you on the 'best way forward' as it is a legal issue if someone is encroaching/trespassing on your land. If you are looking for wider comment/advice and don't want to use a solicitor then online forums such as Garden Law can be useful resources. But do remember the land, the boundaries, your neighbour and you are all unique so what works for others may not apply here
Comment by ted posted on
what if the courts dont get it right due to perjury and the judge did not want to see what a COLONY gave as conditions of sale and a judge thought easements were not on the roads which they were but decided they were over and against a neigbors title and caused a boundary to be misplaced ...... what can one do besisdes continue to confront the issues and also show the LTO facts of the faults carried out by the courts ....a judge will agree LTO do their job but what if they also show a judge was wrong .................a judge gives authority to the lTO aso whay does LTO want the courts to overturn the case why cant the LTO assist to correct heir faults also on titles
Comment by ianflowers posted on
That's not something we can comment on as it relates to the courts / judicial process which falls under the responsibility of HM Courts Service.
Comment by Tony posted on
Hi my neighbor has agreed to let me rebuild a front garden wall and move it by 1 metre. What forms do we need to fill out to get the deeds changed to show the change
Comment by AdamH posted on
Tony - if the neighbour is transferring part of the property to you then our online guidance and forms AP1 and TR1 will be needed https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
If the neighbour has a mortgage then his lender's consent is likely to be needed and they may insist on solicitors being involved also
The process is very different to agreeing where the boundary line is as the neighbour is essentially giving you ownership of part of their land/property/title
Comment by Annette posted on
I have owned my property for 23 years and it was built in the seventies. The house is end of terrace. Out of the blue my neighbour has decided that she owns an area that abuts her tarmac. The area in question was tiled by me when i moved in. What do i do now
Comment by AdamH posted on
Annette - if the neighbour is trespassing on your land then you should get legal advice as to how to evict/stop her
Comment by Martin posted on
Hi There, would be grateful of some advice. I bought a property from Bloor Homes 12 years ago. They erected a wooden fence round my property. On one side I am bordered next to a Housing Association. I have been trying to find who is responsible for cutting back trees and bushes that are overhanging and leaning against my fence pushing it over. Bloor Homes are still responsible for some areas of my development. The housing association have been really helpful and we have established their border is a chainlink fence that runs parallel to my fence. Without digging through the bushes you would not even know it was there. Now the interesting part Bloor Homes have now implied that I am responsible for the area between the fence they erected and the wire fence! I would estimate there is between a 1-2 metre gap between the 2 fences that I have no access to. When I bought the house nothing was mentioned that the fence they installed is not on my property boundary and there is an area beyond it that I am responsible for. I would like to request that they clear the area in question and move the fence to the correct boundary. Do you thing I am within my rights to request this? The housing association have confirmed that they have no objections to that.
Comment by ianflowers posted on
Martin - As we only register general boundaries, the exact position of the legal boundary line is left undefined. So it's unlikely that any information that we hold will assist you in resolving this. Ultimately, this is a legal issue, so you might want to consider getting some independent advice, for example, from Citizen's Advice or a property professional such as a solicitor or surveyor.
Comment by Martin posted on
Ok Thanks.
Comment by Stuart posted on
Hi there
Have lived in my house for around 20years,we have a fence out front which is in need of repair but is surrounded by a hedge, in front of this is just grass (road access to side) . This past week, for the first time ever, one of the local housing associations has decided to cut the hedge down to varying heights, from 4ft to 1ft in height, and has created multiple openings for my dog to get out the garden. Are they allowed to cut a boundary hedge without permission? Is a fence my boundary? I was under the impression fences are built within the boundary as to not intrude on limits.
Comment by ianflowers posted on
Hi Stuart. We register general boundaries and the exact position of the legal boundary is left undefined and so our records won't definitively show whether the boundary is the fence or the hedge and obviously particularly with hedges the position/extent of the physical boundary can change over time. Also, your title deeds will not usually have any information or covenants relating to the ownership or maintenance of boundaries, and the information may become out of date in any case.
You may want to consider discussing this with the Housing Association or seeking legal advice, for example, from Citizen's Advice or a solicitor such as conveyancer.
Comment by Tammy butler posted on
We have an extremely tall retaining wall at the back of our property that adjoins and holds council owned land on the other side (it’s a parking lot). A very large and dangerous crack had appeared and worsened over the years. On the titl plan we are responsible for maintaining our side of the wall.
Who is responsible for repairing the wall seeing as it’s the weight of their land putting pressure on the wall? Us, them or both parties?
Comment by AdamH posted on
Tammy - such matters are usually discussed and resolved between neighbours. If you are looking for wider advice then it's legal advice you will need
Comment by john clarricoats posted on
Hi
Since moving into my council house some 20 years ago we were told that the neighbours own 2/3 of the shared drive in the middle, this, if enforced would stop vehicular access to our rear garden (between houses is 18' back garden is divided equally down the middle and gates to rear are halfway down 'drive'.
We have always used the drive for access to our rear and thought it was an easement allowing us to do this.
The neighbours now want to extend and are threatening to put up a dividing fence unless we allow them to overhang their extension guttering into our garden by 6"
We bought our house 2 years ago and the council supplied plan (supplied by the Solicitors to us on completion) shows our boundary as a full rectangle which in effect give us half the drive.
I have been on the Hm Land Registry site and it shows a different plan with the neighbours owning the 2/3 as originally thought.
Where do we stand? Can I state claim to the part of the drive on our side as that's what the Council state they sold us, or are the HM Land Registry plans definitive?
If the neighbours do want to erect a fence, how do we confirm the exact boundary line?
Many thanks
John
Comment by AdamH posted on
John - if you bought a registered title then the title plan is definitive as to the extent purchased. Normally you are asked by your solicitor to check the registered extent with what is on the ground and query if there are any issues. A council plan would have served a different purpose and would not define ownership for example so you have to be wary about what a plan is for and what it then shows. I'd recommend you get some legal advice here especially if any right of access is going to be affected
Have a read of our Practice Guide on boundaries https://www.gov.uk/government/publications/land-registry-plans-boundaries
Comment by E Hudson-Slade posted on
I am wanting a defined boundary line Which is 6 feet long.
There are two sewers on this boundary line, and the owners of the property next door have put a low brick wall on my side of the garden, I feel they have encroached on my property.
Is this a situation for advice from a solicitor or a surveyor.
Thanks
Emily.
Comment by AdamH posted on
E Hudson-Slade - potentially both as it is only something you are likely to be able to resolve with your neighbour. If they have effectively trespassed on your land then it's legal advice you need on how to evict them, remove the wall etc. A surveyor can assist re assessing where the legal boundary might lie and with any dispute/mediation with the neighbour
Comment by E Hudson-Slade posted on
Hello Adam
Thank you very much for your prompt reply to my question.
I really do appreciate your answer and your time.
Regards
Emily.
Comment by Sally Grylis posted on
I live in a semi basement flat in a terraced house built in about 1890. All the houses have long gardens (about 140 ft long) with high brick walls that are the same age as the house. Part of the garden wall on my right fell down last year and I have been trying to get the next door neighbours to rebuild it. It had been leaning for some time and I had notified them of this years ago but they did nothing. When is a garden wall a party fence wall? Can a party fence wall (also the boundary wall) be on someone else’s land and also abut my land? So far they have acknowledged it is their wall the brick supports are in their garden. They are saying that if it is a party fence wall and straddles both owners land I will have to pay half the cost of rebuilding it and will have a say in how it is rebuilt or if it is on their land they can do what they like and I would not have to pay anything. They want to knock it down and put up a fence which would be awful as the old brick walls are a feature of the gardens. I live in a conservation area and the next door neighbours are a Housing Association. Basically I would like to know if the garden brick wall can be on their land, abut my land and also be a party fence wall so that I can get them to repair the wall properly but not have to pay half the cost which would be a lot of money.
Comment by AdamH posted on
Sally - a boundary can be a party one if designated as such at some point in time between neighbours/owners or if there is no information to suggest otherwise. The article looks to explain this for you. We can't really offer any more advice than what is in the blog and linked guidance so OI would recommend speaking to a solicitor if you are concerned as to what the legal position is. There are also online resources which may be able to assist such as online forums. Garden law can be a useful resource but remember your property, your neighbour and the wall/boundary are unique to you so wider advice can help to a degree but specific legal advice is always recommended
Comment by Douglas posted on
I asked my estate agent /solicitor if he could measure out my boundary around my house. Documented in my title deeds are length and breadth measurements, he has since came back and said I don't own all what is documented,nothing has changed since I bought the house in 1948 except that a family built a house in 1998 on a neighbouring plot and are now saying that the piece of land between us belongs to them yet, on numerous occasions they (the owners) said that piece of land belongs to me I challenged my agent and he has been quite difficult and can't give any reasonable explanation how this has come about . I haven't been shown my neighbours registered plan or deeds to prove otherwise that they own it my agent has said that to measure the land I would need a surveyor and that would cost a lot of money but it's not the money that is the problem are what is on my title in mean length and breadth measurements what I own or not
Comment by AdamH posted on
Douglas - the title plan shows the general boundaries of the registered title and the extent of your registered ownership. I assume the disputed land is registered to the neighbour. Measurements in deeds can also assist but they show what was included in that deed rather than what is perhaps registered. If you are disputing the ownership then a surveyor can assist with assessing where the registered boundaries lie and therefore advising on what they consider to be included. Anything more and it's legal advice you will need
Comment by Mr R C Hardy posted on
The current land registry document for my property shows my boundary running directly front to back and shows my neighbours garage as sitting against this line. At sometime in the past my neighbour has moved his fencing and made a path, to allow him to walk around his garage, which means it is on my land. He says that as he made the change over 12 years ago (Before we purchased the property) he now owns that section of land, under adverse possession rights.
Can that be true as the property has never lain empty and he just seems to have effectively stolen the land.
Comment by AdamH posted on
Mr R C Hardy - it is posisble to occupy and take land from someone else. Our Practice Guides 4 and 5 explain this from a registration perspective and would cover any application by the neighbour to register that claim. https://www.gov.uk/topic/land-registration/practice-guides
But it's really legal advice you need to ascertain whether the neighbour has a legal claim if as yet it is unregistered
Comment by Kiwikins posted on
Hi I an oak have a hedge in the back garden that we have maintained for the past 12 years keeping at a reasonable height straigh across. The hedge is planted on our side of a wire fence and is over a meter wide, with at least a quarter of this being on the neighbours side. He has recently done his garden up and has put a string line down the hedge. We had people in to cut the hedge and he stopped them saying we were trespassing in cutting the hedge, as he wants to grow it taller. Is this right? Surely it is our hedge and ours to maintain, or we could just cut the whole thing down??
Comment by AdamH posted on
Kiwikins - I'm afraid that's not something we can assist with and it's very much legal advice you need here as to what rights you each may have. An alternative is to try online forums such as Garden Law where such matters are often shared and discussed but always remember that the boundary, you and your neighbour are all unique so often it is legal advice you need re your circumstances. Online forums can help from an experience/expectation perspective though if you are wary of a legal/boundary dispute
Comment by David Whelan posted on
I have had full unrestricted use of a 'drive' that is created by the walls of my detached house and my neighbours. My neighbour now wants to put up a fence on the common boundary between the houses. Can he do this without my permission? Thank you.
Comment by AdamH posted on
David - something you will need to get legal advice on. We can supply the registered informaiton but we cannot advise you on your, or indeed your neighbour's, rights
Comment by Mark McLoughlin posted on
Hi we have agreed the sale of our 3rd floor apartment in an 1850's converted mill, along a share of the lease. We were advised that the balconies we added 10 years ago with full planning and completion certificates will require a deed of variation as they overhang a river/river bank on the eastern aspect of the mill. The envirnment agency were consulted at the plannng stage.
The vendors lender perceives a risk in that any potential owner of what might be 'unregistered land' under the balconies may see them as a nuisance given the HMLR red boundary does not include either the outline of the balconies or any notional right to overhang the river . Any advice welcomed.
Comment by AdamH posted on
Mark - we no longer reference a balcony as a note on the land register. However if they have been added then I would anticipate the lease as being varied to include within it's demise - if I have read this correctly that is what has happened here although as yet nothing has been registered as you say 'will require a deed of variation'.
The issue the buyer seems to face is that the balcony has been added above unregistered land and presumably therefore the freeholder/landlord does nto own the airspace into which the balcony extends. Planning approval would not look closely at the ownership issue and whilst the EA may have given permission is that enough. Veyr much a Q your solicitor will need to advise you on as to whether the freeholder/landlord own the space and if not can you have title to it?
Comment by Martin Dingle posted on
Hi, my grandfather owns a fairly large property adjacent to a canal. When he purchased the land he was informed he owned the land right up to the canal as the canals and rivers trust clearly stated that their boundary was along the canal edge and did not include the bank. My grandfather has enjoyed the use of this area of land as well as his own garden since the late 80's. Nobody else has access to this land. Recently we have looked at registering for a canal berth and checked again with the canal and rivers trust where their boundary was and they sent an actual map defining their boundary at the waters edge adjacent to his land and also sent us the necessary forms to apply - they were happy for us to do so. However at some point when my grandfather sold another part of his land the boundary was re-issued and at that time they left a bank along the canal (coinciding with some trees he planted at the edge of his garden, there has never been a fence). Now we are not able to apply for a canal berth until the canals and rivers trust have proof he owns this land. How do we go about getting his deeds checked and altered to include this narrow strip of land (only a few metres wide by 20m long). At the minute there appears to be unregistered strip between his garden and the canal which nobody else can access and the canals people have said isn't theirs.
Comment by AdamH posted on
Martin - you will need to apply to register the land based on proof of ownership with either deeds to show it or evidence to support any claim. Our Practice Guides 1 and 5 explain what is required in any given scenario but I would recommend seeking legal advice/assistance as well https://www.gov.uk/topic/land-registration/practice-guides
Comment by Neil posted on
Afternoon
We're currently buying a flat in a leasehold property that borders a council owned park. When we received the title plan from the Land Registry we noted that the boundary ran along the edge of the property wall, not the edge of the balcony as noted on the original architects plans included within the lease. Our solicitor believes this is probably a simple mistake but is there anything we can do to expedite resolution of the title plan between the leaseholder and the council?
Comment by AdamH posted on
Neil - you need to rely on your solicitor here. If the 'mistake' is being rectified by an application to amend the register, then the seller's solicitor can contact us to ask us to expedite the process
Comment by julie and john roberts posted on
Hello Adam
We recently agreed with our neighbours that a ditch which bounds our property and the adjoining field belongs to us and have fenced it accordingly and I have an email from our neighbours confirming that we are all in agreement that the new fence is the boundary . However talking to a land surveyor on a different matter he said we should register this with the land registry to ensure that if the field was ever sold there would be no dispute.
We are not sure if it is necessary to take any further action but have now read on your site about form AP1
Is it necessary to complete AP1 or could we just write to the land registry and send a statement with plan signed by both parties?
If we do need to complete AP1 is this is something we can complete ourselves or do we need a solicitor?
We would appreciate your advice
Comment by ianflowers posted on
Hello. I'm replying as Adam is currently unavailable. Whether to register is a decision for you and you may want consider taking independent legal advice if you are unsure how to proceed. As to the procedure for registration, our online guidance should explain things - https://www.gov.uk/your-property-boundaries/boundary-agreement-neighbour.
Comment by Jamie Mcglade posted on
Hi, I need to establish who owns a piece of road! The road in question is a previously owned council estate, the road had council garages built on it (they have now been knocked down) and it also has a sub station, however both the highways agency and council are both claiming they don’t own the road, however someone has been maintaining the road over the years
I would appreciate your advice thanks
Comment by ianflowers posted on
Jamie - You may be able to check online to see if the road is registered with us - https://www.gov.uk/search-property-information-land-registry .
Select the Map enquiry option and use the road or a nearby road to search, and once you get a map of the area, change the options at the top of the map from Ordnance Survey Map to Birds Eye View. This should enable you to search the land you are interested in more clearly.
Once you have identified the land concerned, zoom in on the map until you are able to use the 'Find properties' button on bottom left corner of the map. Click on the area that you are interested, which if the land is registered with us, will then list details of land / property information available. Once you decide which one you require and click Purchase, you will then need to register yourself as a new user. You will require a valid email address and a password for this.
Register yourself as a user and then follow the process for payment. Once the payment has gone through, the title register showing the current registered ownership that you have purchased will be available in PDF format for you view. You will need to save the document on your equipment if you wish to retain it for future reference.
However the roadway may not be registered with us. This does not mean that no one owns the land, merely that there has not been an event such as a sale of the land which would trigger registration with us. This is often the case with land such as roadways that may not have an intrinsic value on their own. We do not hold any information on the ownership of unregistered land.
Other possible sources of information on unregistered land include:
• National Archives – http://www.nationalarchives.gov.uk,
• County record offices, and
• Local libraries.
I hope this of some assistance to you.
Comment by Tracy Kacperski posted on
Mypartner bought a house in 2007 which he gave to me as a gift of deed in 2008. I am trying to sell the house but have just been told that my garage which is at the end of my garden actually goes into my neighbors garden.
Nobody has ever picked up on this before, not us or the neighbors.
The garage is very old looking.
I have no way of finding out when it was built or who by.
The council say there was no permission for it.
Can you help me
Comment by ianflowers posted on
Tracy - I should mention firstly that we register ownership of land rather than the buildings on it. You could check the title plan for your property and also that of your neighbour - https://www.gov.uk/search-property-information-land-registry which will show the properties' general extent, but bear in mind that it will only show the boundaries' general position as the exact position of legal boundaries is left undefined. The title plan(s) will also usually be dated in the bottom right hand corner which may be useful in dating the garage.
It is possible that the registered boundary (reflecting what is shown in your deeds) differs from what is on the ground. If that's the case, you may want to consider getting independent legal advice, for example from a conveyancer such as a solicitor, as to the way forward and the possible options open to you.
I hope this is of some assistance.
Comment by Anne Glencross. posted on
Annie from Ilkley 2 April 2018
I live in an old terraced house about 300 years old. At the rear of the house is a genuine dry stone boundary wall (not a Party Wall) which separates my property from the house next door.
There is no boundary on the deeds of either house.
I have lived in the house for over 30 years and the wall was there when I moved in and there has been no alteration to the wall during this time.
The adjoining house has been sold recently and I have letter from the new owner stating that the wall and the soil below the wall belong to me.
Dry stone walls are wider at the bottom than they are at the top because that’s the way they are built. We and the previous owner of the house next door had always assumed that the wall was the boundary.
Recently my new neighbour has written to say that the lower part of my wall is trespassing on this land.
What do you think?
Comment by ianflowers posted on
Annie - you say that there is no boundary on the deeds, but if registered, the title plans for your property and your neighbour's will show the general extent of your properties. That said, they will only show the general boundary position as the exact position of legal boundaries is left undefined. So, for example, they will not show whether the legal boundary line falls in the middle or either side of a physical boundary. Property deeds may sometimes refer to the ownership of physical boundary structures, but this is generally only a guide.
In a dispute situation, the first step would be try and resolve this with your neighbour, giving regarding to any evidence that is available. As mentioned in the blog, ultimately if there is no agreement the dispute may have to be resolved in other jurisdictions such as the courts. As also mentioned in the blog, organisations such as the Royal Institution of Chartered Surveyors (RICS) may be able to assist.
You may also want to consider getting independent legal advice, for example, from Citizen's Advice or a conveyancer such as a solicitor.
Comment by vpg posted on
I'm in a council property my neighbour is private renting and when I moved in the council said they wouldn't touch the 17ft hedge between us both. next door had a fence on their side of the hedge and I've cut the hedge down to the floor to realise their are 1 ft tall concrete posts that I wanted to put a fence in front of. next doors landlord said the hedge is ours and the boundary is the concrete posts so if I wasn't to put a fence on my side of the concrete posts leaving the posts on show in next doors garden is that an actual problem? the hedge was put in inbetwee these posts so does it matter if I'm putting a fence up in front of my hedge that has been cut to ground level??
Comment by AdamH posted on
Vpg - we provide the registered details and suspect deciding whether the issue faced is a problem is only one you and your neighbour can decide upon. If you put a fence up on your own land then that maybe something to discuss and formalise with the neighbour to ensure that you are both aware of and in agreement as to where the boundary actually lies. Neighbours can change but somehting you may wish to also make the council aware of
Comment by Hayley Wakeford posted on
I have recently purchased a house which has a separate garage which has 4 different garages on the block. In front of the garage is an allocated parking space. Previously someone has fenced off the the side of the garage which on the title deeds shows that the land is mine. Somebody has also laid a path on the land to gain access to the school which is also shown as my land. What should I do, as I assume the council have laid a path through the land but haven’t actually got the rights to do so.
Comment by AdamH posted on
Hayley - it's l;egal advice you need here if you intend to challenge any of the works done or use of the land. You can check the registered details to confirm ownership/rights etc and it seems you have done this. Anything else will really rely on legal help
Comment by anthony corkin posted on
I have a property which neighbours a church and its cemetery. my house was built circa 1960 and the land its built on is made up ground which uses a boundary bank that belongs to the church to support my property and gardens.
so my house and the land it is on is about 5 foot higher than the land next door in the church cemetery. I bought the house approx. 20 years ago.
I planted a fir hedge in my garden about a foot in from the boundary bank. there was when I bought he house a panel fence along the edge of my property adjoin the boundary bank. the boundary bank was about two foot wide and ran the length of my property about 40 feet.
about seven or eight years ago the church commissioned their gardeners to cut back all the vegetation that was on the side and top of the boundary bank.
this left the bank exposed and I realised over time that the bank was eroding with weathering.
the gardeners have been stripping the vegetation back over the past years despite me asking them to leave some to hold the bank earth in place.
the bank is now so eroded that it has washed down into to cemetery partially covering some of the graves.
the panel fence that was on the edge on my property adjoining the retaining boundary bank gave way and fell into the church cemetery.
the gardeners are now cutting the fir hedge that I planted in my garden as the original boundary bank is washed away. the roots of my hedge are now exposed and its not long before they fall into the church cemetery.
my house is about two metres in from the edge of the boundary, as its built on made up ground I'm concerned that with continued erosion that my gable end is at risk?
also as the churches gardeners are now cutting the hedge I planted within my property I assume they are trespassing and have asked them to cease but the continue.
I have contacted the local church vicar, and churchwarden who have ignored me, the churchwarden just said we don't have money to repair the bank?
I contacted the diocese who said that their legal team were confident that the boundary bank belonged to the church but then said its nothing to do with them?
there is currently no resident vicar at this church.
what is the law regards my right to support from this boundary bank? what can I do or say to get the bank repaired and stop them cutting my hedge or denuding the bank of vegetation?
Comment by AdamH posted on
Anthony - we can't give you legal advice and I would strongly recommend that you seek that from a conveyancer as to what options may be available. If you are looking for wider online comment then online public forums such as Garden Law can be useful resources re general comment and advice but it is specific legal advice you need here
Comment by anthony corkin posted on
ok thanks Adam.
Comment by Janine posted on
Hello, we are looking at buying a property. The Council's Local Plan map shows that the boundary line used to be around 1-1.5metres x 7metres approx wider in the garden, going around where the neighbours garage sticks out. A fence was erected somewhere between 8-10 years ago. On Google Earth and other images, it shows the same. This has been fenced straight across instead, so losing a substantial strip of the garden. Would we be within our rights to move the fence back if the title deeds/plan show the same? Thank you
Comment by AdamH posted on
Janine - we can't advise you on what you can or cannot do re your boundaries and I would strongly recommend seeking legal advice before doing anything. If the property footprint does not match the registered extent that is something generally raised wiht the seller in the first instance to clarify.
Comment by Janine posted on
Hi Adam, having done some digging (figuratively speaking) already, the fence was put up before the current owner bought it, so I don't think they'll know anything. Any other ideas, mainly on how to prove or disprove it? Thanks, Janine
Comment by AdamH posted on
Janine - all you can do is try and piece the jigsaw together with local knowledge/awareness and then compare the registered extents with the reality on the ground. Fences are moved for a wide variety of reasons but that does not automatically translate to land being lost/gained as that really only happens over time. The only time that is really challenged is if anyone notices or someone looks to claim land that they ahve then occupied for a number of years. So the key is identifying what's changed, why and how long it has been like it - then speak to a solicitor as to what options are available and how you can prove/disprove anything
Comment by Jane posted on
Hi.
I have a joint boundary with my semi detached neighbours. (However it has never been confirmed who's boundary it is to maintain?) And can not find this at the land registry.
8 years ago the adjoining fence panels needed replacing, next door wanted to start replacing one by one when they could afford it. As I was having fencing work done in other areas of my property at the time I offered to pay for all the fence panels to be replaced on our joint boundary line, with a comment that if they moved out their house they made it clear to new owners, I owned the fencing and had paid for it to be replaced, so I was not to see the fencing being removed after I had just paid out for it all.
3 years after they 'spray' their side of the fence, causing damage to my property. Spray over my dining room window, new extension soffit/facia/guttering. Spray all over the length of established planting, shrubs and trees my side of the fence!
After a polite conversation with them about this, 3 years after(2 years ago) they 'spray' the fence again, a different colour. No spray on my house, however spray again over my planting, killing off two established shrubs, after them slowly recovering from the last attack,also the tree bark infected again, where the tree has now totally died off this past 18 months.
I want to put some type of fencing screen up to the existing fencing posts on my side, approximately 6" higher than the existing fence panels. The panels are not currently at 6' high, they are lower.
As next door feel it is ok to hand paint the top of the fence line, (which is fine) but spray the rest, (not fine), refusing to accept that spray still gets through the lower panels causing damage, I want to put the screening up to prevent further damage, as maybe again this summer will see the sprayer coming out!
The screening will be something like Rattan or willow, maybe at a height of 6.5'. Do I need planning permission for this? There is no talking to the neighbours.
Comment by AdamH posted on
Jane - you'd need to contact the relevant local authority to see if planning permission is required
Comment by Angela posted on
We are in the process of buying a property that was built by the owner in the early 50's. It was built on a plot of land that was then divided into two and a relative built their own property also. In the documents that we have, including a signed document which shows the gifting of the land to the relative the boundary line is straight. However over the years, they have each encroached the boundary through mutual consent which has ended with a dog legged boundary being registered by the relative with land registry. Solicitors have looked into this and have asked them to transfer the land to the estate to bring the boundary back to its original straight line, and the estate will transfer any land back to them. However, they are now refusing to do so. Which document stands as being correct, the original deeds, or the altered registered with yourselves? How do we resolve this?
Comment by AdamH posted on
Angela - if the title was registered on the basis of the deeds and the 'gift' you mention then that will be correct. Much may depend on how the title was registered and whether the 'gift' was in the form of a legal deed or whether the relative claimed it.
I assume your purchase is of the unregistered remainder and if so presumably the original deeds/documents confirm the seller's ownership of the remaining and as yet unregistered land. I'd suggest discussing it further with your solicitor as presumably there is a reaosn for them wanting the land transferred and then transferred back again, which based on what you have posted here seems like 'extra' work unless there is perhaps a gap of some sort in the deeds/documents involved
Comment by Angela posted on
The boundary line between the two properties in the deeds that we have for the property we are purchasing is a straight line. The two family members each encroached each other's land by mutual verbal agreement, to their own advantages. None of this was in writing, however in 2006 the relatives property was registered with yourselves for whatever reason and shows that they have part of our land and we have part of theirs but with no written documentation that I know of to support this. Because our property is unregistered though it has resulted in the bit that was used by this property as being 'no mans land'. It does seem like a lot of work to resolve this which is why I asked if it is the original deeds or the register with yourselves that would stand as the legal boundary. Can we put it to land registry that we think the boundary is wrong, and therefore revert it back to the straight line without all this additional work?
Comment by AdamH posted on
Angela - the registered title defines the registered extend and general boundaries. I would suggest that you make enquiries as to the basis upon which the registered title was created as this should fill in some of the gaps here. If nothing was in writing and mutual agreements made that would not, in my experience at elast, equate to the scenario as described. You can apply to correct what you believe to be an error but it seems to me you need to establish what error has been made here as it seems that is unclear as you do not know on what baqsis the registered title extent was created.
I would suggest completing our online contact form to ask what details we have on record and then applying for copies of these as appropriate
https://www.gov.uk/guidance/contact-hm-land-registry
Comment by Kathy A posted on
My neighbours have erected a new fence which encroaches onto my land and the communal land of the private development I live on (but they do not). When I had a new fence 5 years ago, I erected it within my boundary, and due to fence panel size, a small corner of my land ended up outside of the fence. I never considered this to be anything other than my land, despite not being contained within my fence. Their new fence has been moved out to meet my fence post, thereby taking that corner into their garden. There was no discussion or warning of this new fence, and I have not yet had a chance to discuss it with them. The boundary is clear on my deeds. But surely my fence line cannot be assumed to be my boundary simply because it’s not square? What should I do first? Has this complicated any potential house sale in the future?
Comment by AdamH posted on
Kathy A - the first step is to consider whether you need legal advice before approaching y0our neighbours to resolve the matter. A fenceline or any physical feature cannot be assumed to be the legal boundary as they can be moved so that is correct. However if you put a fence up inside the perceived legal boundary there is always a risk that someone may assume that is the legal boundary and act accordingly. The key here is to now discuss this with your neighbour, explain and share understanding over what has happened and why and look to resolve it.
Comment by Chequetere posted on
I'd like to repair one of the boundary walls in my front patio which is currently leaning towards one side. I'm pretty sure it's mine but the property title does not specify boundary ownership. However, this wall:
-Is built with the same bricks that my front wall and second side wall are built with, which are completely different from the bricks my neighbour's front wall, pier and other side wall are built with.
-Starts at my front pier (even though the neighbour has a pier as well, the wall is on attached to my pier).
-Seems to end at the front of my house, but about 60cm or so of this 6m-long wall are attached to a front porch my neighbour has (there's no need for me to touch that section of the wall to repair it).
Can I claim ownership of the wall based on the three facts mentioned above and proceed to repair it without previous consultation with my neighbour? Many thanks
Comment by AdamH posted on
Chequetere - we can't answer that for you I'm afraid and I would recommend that you do discuss and agree a way forward with your neighbour before undertaking any works. As the article explains the registered details can help but they are rarely definitive re such matters and assumptions should not be made where details are lacking or uncertain.
Comment by Paula posted on
My boundaries are clearly shown on my deeds and these are not in dispute. However for the past 29 + years I have accessed my side Garden! This being the other side of my fence, to the side of my property via the Cul de Sac next to my property however I have been informed that I am now trespassing by a resident in the Cul de Sac! Ridiculous as this piece of garden has always been well maintained by me at my my expense and they have never complained before. It appears the small driveway/Cul de Sac is an unadopted road! They refer to it in either terms..so I can No longer tend to the Garden without Tresspassing. I would like to move my fence out to my boundary line which would bring the Piece of garden into my back garden, I’m looking for advice if I can move your fence without any issues as this is clearly my land, and I would be no longer trespassing or being subjected to abuse from this neighbour! I am outraged by the ridiculous situation, my new fence would not enter into any land that I don’t own, it would be within my boundary area. Any advice would be welcome Thank you.
Comment by AdamH posted on
Paula - it's legal advice you need here as to what your options are. We can provide the registered details which will show the general boundaries for example but you need advice on how to deal with the neighbour(s) and what rights you/they have here
Comment by Paula posted on
Thank You, I have contacted the local council, whom have been very little help! I have a copy of my title deed as held by Land Registry. It’s all a bit silly, and I fear going to become expensive. Getting an answer from the local council is a minefield, they suggested I should obtain a certificate if lawfulness when I move the fence, yet more expense...Thank you again.
Comment by Gavin posted on
The gate to the alleyway that leads around the back of a row of 10 terrace houses that provides access to these properties is hanging off and all ways open providing no security who owns this gate and is therefore liable to fix please help
Comment by AdamH posted on
Gavin - you'd have to check if the land is registered and if so in whose ownership https://www.gov.uk/search-property-information-land-registry
So read the fuill guidance before searching and buying anything online - sometimes it's better to do a postal search of the index map for certainty especially if there are a few titles close to one another
Comment by Emilie posted on
We bought a property in 2010 which included an area of unregistered land within the boundary. We understand from neighbours that the previous owners moved the boundary to include this area around 2006. We are now looking to submit an adverse possession claim to retain this area as part of our property. We have had no disputes about this from any neighbours. What I would like to know is what evidence we could submit to show when this area of land first became included within the current boundary line? Is there a data source that I can contact to obtain historical images or boundary maps?
Comment by AdamH posted on
Emilie - our registration requirements are explained in our PGs 4 and 5 https://www.gov.uk/topic/land-registration/practice-guides
You would not be reliant on historical images/boundary maps but please do read the relevant PG and I would also recommend seeking legal advice as the law is complex re such claims
Comment by Tommy Divers posted on
Hi I Have semi detached house and my Neighbour has an extension built on the back of his house and its right on the boundary line but had to have his soil pipe remove so he could build onto the boundary line the thing is his tiles are hanging into my boundary and his gutter is obstructing my soil pipe I have contacted a solicitor and he says they are clearly encroaching into my property could they be made to move their wall back as this is in Scotland.
Thank You
Comment by ianflowers posted on
Tommy - Scottish property law is separate from that in England & Wales which we cover so we won't be able to advise. Try https://www.ros.gov.uk/ or consider seeking further advice from a solicitor as to the options open to you.
Comment by deb posted on
Hello, there is a stone wall that forms a boundary between land at the back of my house and my neighbour's garden. His garden is approx 2 feet higher than the land at the back of my house. Does that have any bearing on who is responsible for maintaining the wall? (There's nothing marked on the title deeds). I also don't own the freehold for the land at the back of my house, I simply have the right to 'pass or repass' over that land. Again, will that have any bearing on who is responsible for maintaining the stone wall that forms a border between my neighbour's garden and the land at the back of my house. Thanks for any advice you can give.
Comment by ianflowers posted on
Deb - No, the height of the respective properties wouldn't have a bearing on the responsibility for maintaining a boundary structure. The boundary is essentially between your neighbour and whoever owns the freehold for the land at the back of your house. So that may affect any discussions that you may want to have regarding the maintenance of the wall.
As mentioned in the blog, even where there is mention of a boundary structure in one of more the properties' deeds, this is only part of the picture, and it will essentially still involve the affected parties reaching an agreement as to the way forward. For example, agreeing to treat the wall as a party boundary where responsibility is shared.
Comment by deb posted on
Thanks Ian
Comment by Bibby posted on
Hi, I have acquired a piece of line to the side of my property;an old coach toad). I now on the title although the lady 2 doors up has right of access and having lived there 40 years, thinks it’s hers . Which it’s not. I don’t wish to change anything, just have clarity on ownership. What should I do?
Comment by ianflowers posted on
Bibby - we essentially have an administrative role and cannot advise on how to proceed where you disagree or are in dispute with your neighbour. Some of the options open to you are referred to in the blog such as contacting the Royal Institute of Chartered Surveyors.
As to providing clarity of ownership, as mentioned in the blog, the title plans that we prepare show the general boundaries of the property and the exact line of the legal boundary is left undefined. These along with information in any conveyancing deeds may therefore assist with any discussion with your neighbour, but ultimately where there is no agreement, these matters may need to be resolved in other jurisdictions such as the courts.
Comment by Different Deb posted on
We are purchasing a new build property and the plans show that our garden fence will be positioned some distance away from the actual property boundary i.e. a portion of our land/garden will be on the other side of our garden fence, but will also adjoin an open communal area. By not having the fence at the boundary, isn't this just asking for problems later? Are we right to be concerned that "our land" will just be seen as part of the communal area?
Comment by AdamH posted on
Deb - it may cause problems but that's not really an area we can advise you on so I would suggest raising it with your solicitor/the seller to clarify why the fence is positioned the way it is etc
Comment by Sam posted on
We have purchased an area of garden from our neighbours that ajoins our own and this has been registered without issue. However, there is a small strip of land between the end of the garden and the river bank that was not part of our neighbours title deeds. This area of land is unregistered and has been used by both the person who sold it to us and the previous owner as part of their garden for over 15 years. What do we need to do to claim legal ownership and register this land?
Comment by AdamH posted on
Sam - have a read of our PG 5 on the subject of how to register a claim and seek legal advice on what is a complex area of the law https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land
Comment by Miss Dowdle posted on
Hi. My neighbour has passed away and her family are now selling her house. We have a copy of the title plans showing our boundary comes off the corner of our house although our fence is set back around three feet from the front of the said boundary. Our houses are at right angles( so kind of an L shape). The estate agent told the owner that “ a lovely sweeping driveway could be made through the gap to the rear of the property as the garden is large, to provide ample parking. We don’t want to upset the family and I know they won’t take it well if we tell them we’re our fence post should really be. The deceased owner bought the house from new in 1971 and we moved here in 1999 and it’s always had this layout. Most of the properties on this estate of 27 houses have left the frontages open plan as was the original design. Not only would they not get a vehicle through the gap the cars would be passing right under our lounge window! This is worrying me and I don’t want to fall out with the family as when we first moved here comments were made about a gate put in at the side of the House nearest to them and they claimed they owned the grass right up to the corner of my house. It shows on the title plans there is a gap( where the gat now is). If they were that adamant, surely they would have had the gate removed when the previous owner put it in? I know it’s hard to tell from a title plan so is there anyway I can obtain measurements for the boundary just to clarify what’s what? Thanks so much.
Comment by AdamH posted on
Miss Dowdie - it's rare for registered details to include measurments and even where they do it is often impossible to then accurately relate them to the reality on the ground as things have mnoved and you can't be sure who measured from where etc. You cna certainly check the registered details and specifically any deeds referred to on the register as 'filed'(if any). If the properties were built by the same builder/developer then they may refer to a filed deed re the first sale and that may contain measurements https://www.gov.uk/get-information-about-property-and-land
Either way I would eb seeking legal advice before doing anything and looking to discuss it with the neighbours at some stage. Whilst it may not be the right time to do so if changes are proposed then agreeing what happens next is often crucial
Comment by Mike posted on
An elderly neighbour has just died and I think the garage he used to use actually belongs to my house - how can I check that ?
Comment by AdamH posted on
Mike - check what is registered and the title plan(s) as appropriate to see what is included. You can confirm any registered details online normally https://www.gov.uk/get-information-about-property-and-land
Comment by Colin posted on
Is there a time limit on reclaiming land that according to my deeds is mine but has been claimed by a neighbour
Comment by ianflowers posted on
Colin - It really does depend on the individual circumstances. For example, whether your neighbour has lodged a registration application in respect of the land, such as an application for adverse possession (commonly referred to as squatter's rights). If the neighbour has encroached on land, for example, by repositioning a physical boundary, then it would be a matter of trying to find a resolution with your neighbour, if possible. Where there is a disagreement or dispute which cannot be resolved, then this may result in the matter needing to be considered in other jurisdictions, such as the courts.
Comment by Sarah jones posted on
Good evening, I'm trying to find some answers regarding communal garage blocks, on my estate there are 15 garage blocks in various states of disrepair, how do I find out who is responsible for their upkeep, I have a feeling that a housing association may be responsible for the outer edges of them, but don't know where I would start to track this down, local council is unsure, but as part of the residents association we would like to try and help improve these parts of the estate, yet as I don't live in the parts of the state that have the garage blocks I have no access to deeds etc.
Comment by ianflowers posted on
Sarah - if the land on which the garage blocks are situated is registered, then you may be able to check the ownership online.
Here is a link to our Find a Property information service -https://www.gov.uk/search-property-information-land-registry.
Once you are on the Find a Property page, as your search relates to a non-residential piece of land, I would suggest you select the Map enquiry option. Use a nearby road and town name to search, and once you get a map of the area, change the options at the top of the map from Ordnance Survey Map to Birds Eye View. This should enable you to search the land you are interested in more clearly.
Once you have identified the land concerned, zoom in on the map until you are able to use the 'Find properties' button on bottom left corner of the map. Click on the area that you are interested, which if the land is registered with us, will then list details of land / property information available.
For each registered title, a title register giving ownership will be available for £3 each. Once you decide which one you require and click Purchase, you will then need to register yourself as a new user. You will require a valid email address and a password for this.
Register yourself as a user and then follow the process for payment. Once the payment has gone through, the title register(s) or title plan(s) that you have purchased will be available in PDF format for you view. You will need to save the document on your equipment if you wish to retain it for future reference.
I hope this helps.
Comment by Patricia posted on
We bought our house in 2016 we found a drain coming under the fence from next door, After contacting whoever I thought could help,I contacted an independent solicitor and he went through all of my documents that I had been sent from my conveyance solicitor when we bought the house,and it came to light that i had not received a property information form, I rang the conveyance solicitor and they gave me one,and no I had not seen that form before and also I had a document to say (to follow), on that form it said there were not any drain pipes or anything from any other property, also we had trouble with the neighbors with the boundary,i got in touch with the solicitor again she did nothing about it,in the end citizen advice told me to get in touch with (RICS),I did and he did sort it out but it cost us £2000 can I claim it back from anyone,
Comment by ianflowers posted on
Patricia - I am sorry to hear of the difficulties you have experienced. We essentially have an administrative role in registering ownership and other interests in land and so we can't offer advice on a legal issue such as this I am afraid. I should also mention that the property information form is not one of our forms and it not required as a part of the registration process.
You would need to consider getting further independent advice, whether from Citizen's Advice or a solicitor, as to the legal position.
Comment by Selina posted on
Hello,
My partner and I bought a new build last year. We understood from the builders that there would be a fence behind our parking spaces (2 cars wide). But now the builders are saying that there is no fence and are refusing to put one up. Our neighbour has the same house (mirror image of ours) and has a fence behind his parking spaces (length of two cars). We have mentioned this to the builder but they have refused to comment. There is a building site at the back of our houses and the builders had asked us to give them access through our parking area. Now they don't need any access. They said that we should have checked the plans for the fence but the plans only show boundaries. How can we resolve this? The sales office and solicitor have been very unhelpful. Also, without a fence, people will use our parking area to drive through to get access to the flats behind the houses (although there is another route). Thank you.
Comment by AdamH posted on
Selina - I'm afraid this is not something we can help you with or offer any advice on other than to recommend you go back to your conveyancer for advice. It is a matter very much bewteen you and your seller and what was agreed/contracted at the time. If you are looking for wider advice then online forums such as Money Saving Expert or Garden Law can be useful resources but it is legal advice/help you realy need here
Comment by David Humphries posted on
I have a fairly new neighbour who has recently put a new roof on a garage at the bottom of his garden - the garage wall runs alongside the property divide. His new roof enters my land by 16 inches and includes new soffits and guttering. He did not ask permission and we did not grant him any - can he be asked to remove the overhang?
He has also built decking in his back garden that is 60cm high (from his back wall) - we have complained to the local council but they say he is in his rights - the limit is a height of 30cm, I don’t understand the council’s viewpoint - any advice
Comment by AdamH posted on
David - I'm afraid we can't advise you on such matters and it is really legal advice you need here. If you are looking for wider online advice then forums such as Garden Law or Money Saving Expert can be useful resources also. But it is sspcific legal advice you really need
Comment by Zenno posted on
We bought our first home, a semi-detached property and moved in recently. There is a garden fence between my free side and neighbor, which is erected by my seller. Our neighbour offered to replace the fence with solid wall as he is interested in building a lean to. We requested him to build the wall in his side of the property rather than to replace the fence. Later he claims that my seller has encroached his property and he wants us to move the fence by few inches. I feel that he should have raised this issue with the seller in the first place. Also I am gutted to lose the piece of land for no mistake of my own. How can I approach this? Should I involve the council? Do I need to speak to my solicitor? What could be the legal cost? Please advise
Comment by AdamH posted on
Aenno - very much one to get legal advice upon. The Council will not be involved unless they are the neighbour. Costs can vary enormously depending on what steps you take but very much somehting only you and your neighbour can resolve normally. If you can't agree then the only arbiter will be a court of law.
Comment by Lisa posted on
Hi my neighbours live on a corner plot, their boundarygarden fence ran in line with their house. They have a couple of years ago moved said fence roughly about 10/12 foot out to the footpath, therefore gaining such an amount of garden. My question is if this was their land wouldn't the boundary fence have been there in the first place? They have erected a 4ft fence and planted a rather tall (approx 9/10 ft hedge) directly behind. Is this right?
Comment by AdamH posted on
Lisa - fencing may not always be erected on the legal boundary so every scenario has to be looked at on merit. The law does allow for people to take possession of someone else's land/property and our Practice Guides 4 and 5 explain how such claims might ultimately be registered. Whether that is what your neighbour is attempting to do here we would not know and you may wish to seek legal advice on what options are available to you (and them) for example. https://www.gov.uk/topic/land-registration/practice-guides
Issues over the hight of fences/hedges etc can be governed by local planning regulations so that may be something to contact your local authority about.
Comment by Alec posted on
Hi,
some land adjacent to me was sold with an unresolved boundary issue with the old owner. The new owner now claiming I'm on his land, which the previous owner could not prove or resolve before he sold it on. Where does the new owner stand in respect to what he has purchased?
Comment by ianflowers posted on
Hi. From a registration perspective, nothing will have changed other than that a new owner has been registered. Regarding the unresolved dispute, it remains the case that the title records can be of use in reaching an agreement with your neighbor, but ultimately where there is a dispute or disagreement which cannot be resolved and this is pursued, then it may have to be resolved in other jurisdictions, such as the courts.
On a property sale, a buyer will receive a Property Information Form which has been completed by the seller with provision for giving information on boundary issues and any outstanding disputes. This forms part of the conveyancing process and is not something we are involved with, but it may be of interest/use in any discussions with your neighbour.
Comment by Gill posted on
Unknown to me I have been using a small part of the next doors garden for 25 years which I thought was mine however he has decided it’s his and when I was out he came and put stakes in to qualify that it his what can I do about it
Comment by AdamH posted on
Gill - you will need legal advice as to how best to proceed and to register your claim as to ownership. Our PGs 4 and 5 explain the registration requirements re such claims but the law is a complex one so legal advice should always be taken as well especially if your neighbour is likely to dispute such a claim
https://www.gov.uk/topic/land-registration/practice-guides
Comment by James posted on
My property is located in a fairly isolated rural area. I have a long border with commercial forestry owned by a large estate. When I bought my property in 1988, I noticed that the boundary on the map was wrong. The vendor signed a sworn statement prepared by his solictor that he had always had use of the land in question as if it was his own and that he had never been prevented from doing so. Similarly, I have used this land that I have owned for 30 years with no questions asked.
The neighbouring land was registered in 2007 based on the old map which was at least 40 years out of date and I was not informed or consulted I have now been contacted by the agent for the estate and he has agreed the boundary as it was when I bought my property, so we are not in dispute.
The question is; should the estate inform Land Registry that they had provided the wrong informed in their 2007 registry application or would it be sufficient for me to provide the correct mapping when I make my initial application for registry in the near future?
Comment by AdamH posted on
James - your claim as to ownership of that land has never been registered. It is that which you should now consider appyling for. Our PG 5 explains the registration requirements and I would also recommend seeking legal advice as appropriate https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land
The estate has registered their title so that can't be reversed. But the key is your claim so that would always need to be registered irrespective of whether they had registered the larger or smaller area
Comment by Micky posted on
Hello,
I’m having some new build house built behind my property and while talking with a neighbour they have said that they think we own 3meters beyond our back fence, I have scaled of some drawings which has an ordinance map on it and from front to back should be 60 meters but I’ve only got 57 meters. Does this mean that I Own the other 3meters? The company building these property’s show that its there land on there drawings.
Is there a correct way of finding out if I own the extra land?
Many thanks
Comment by AdamH posted on
Micky - as the article explains establishing where the legal boundary lies can be tricky, especial;ly where you have a fence/wall already in place but you think you own land the other side. Perfectly possible that you do but veyr much something only you and your neighbour will be able to decide upon.
You can scale from any plan and/or seek professional help form a surveyor for example but it will still come down to how you and your neighbour view such information, what understanding they have re such matters and the history for example fo teh land/property layout and any changes made over time
Comment by Vicki Alexander posted on
My Mum is selling her house and there has been a delay as the buyers solicitor has picked up that the boundary out the front of the house on the title plan is not quite right. It shows the boundary going down onto the pavement/road out the front (not by much really though)
The buyers solicitor is insisting it gets altered before they will proceed. Is this likely to take long to resolve?
Comment by AdamH posted on
Vicki - it can do depending on what needs to be done. If I have read it correctly there should be less, not more, land. If so then that may be easier to resolve but the devil will be in the detail. As you Mum is selling her solicitor should let us know that and ask us to expedite the process. Any significant delay is invariably down to the wait time from receipt and actual consideration so shortening that part can make a difference.
Comment by Louise evans posted on
Hi, I live in a mid terrace house neighbour to my left legally has an access gate to take bins etc through my garden. The house has been in my family for almost 70 years and I inherited it. The fence and gate was old as my grandparents put it up it eventually rotted and fell down. I was in the process of repairing and replacing fence panels in the garden when my next door neighbour had a concrete post put in and a new gate and 1 fence panel. This is on the boundary half theirs half mine. I painted the side facing my garden to match the rest but was careful not to touch any areas that were visible for next door. I came out the next morning to notices stuck to fence and gate that I had no right to touch or paint said gate/fence is this true?
Comment by AdamH posted on
Louise - it's not something we can advise you on I'm afraid as it's legal advice you need. Issues around who owns a boundary feature, namely who paid for it and who is responsible and/or what a neighbour can then do on their side are legal issues.
If you are looking for wider online comment/advice then you could try online forums such as Garden Law or Money Saving Expert where such matters are often aired and discussed. But it's really legal advice you need here
Comment by Louise evans posted on
Thank you
Comment by Diane posted on
We own a narrow private driveway over which our neighbour has a long standing easement to reach a plot of land to the rear of his property. This land historically had an outside tennis court and small pavilion building upon it, both of which have long since been removed and the land now sits overgrown and unused. Am I correct in thinking that should they wish to build residential properties upon this land, thus resulting in a change of use, that they would also require to apply through the courts to amend the easement to allow a different access and that this could only be granted with our consent?
Comment by AdamH posted on
Diane - I'm afraid we can't advise you on the law here and it's legal advice you need. If We register the land and rights and ultimately any changes made but we are not involved in the proces sof change of use or alteration of such rights unless they then result in a change to the registered details. So it's legal advice you need as to the process of change for example. If you are looking for wider comment then public online forums such as Garden Law can be useful resources
Comment by Diane Ridley posted on
Thank you
Comment by Catherine Carter posted on
Hi
I was wondering if you can advise me regarding a house I’m hoping to buy.
There is a small bit of land at the bottom of the garden that is not included in the registered land on the title plan. The back of the garden goes down to another road at the back of the houses.
According to neighbours the land used to be common land but it is at the end of a close and was never used so about 30 years ago some of the neighbours registered the sections at the end of their gardens. They are all now fenced in. The one we want to buy is fenced at the sides with the neighbours but there is no fence at the bottom. I don’t think the people we are buying from ever registered it. The title plans show a small section not included in the red boundary of what we are buying but we have no idea how much land it is in reality and there is no mention of it in any documents. In real life there is no clear boundary at all.
We are actually currently living opposite the plot at the moment and on our plan (which looks more up to date) the plot that we are buying has a black line including the land at the bottom - so it is in line with all the other neighbours that registered the land. But obviously this is for our plan so there is only a red line around our plot showing the boundary. Does that mean that our more up to date plan is just done roughly for the neighbours around our plot and isn’t exact?
I suppose I’m looking for some advice on how to proceed. The sale is currently quite difficult because of other reasons and taking a long time. I would like to know if the sellers should be registering the land before we buy it? Or can we / should we register it as soon as we purchase the property? Roughly how long does the process take? We essentially just want it to be in line with the direct neighbours properties taking in land that is not used by anyone and was sold to us by the estate agent as part of the plot.
I hope this makes sense!
Thanks for any help you can give me.
Catherine
Comment by AdamH posted on
Catherine - adjoining titles will not offer any indication as to what is included in an adjoining title. If you have checked the seller's title plan and the land is not included and it is also unregistered then we do not know who owns it. If they are looking to include it in the sale then they would have to provide evidence as to their ownership, namely deeds or evidence to support any claim.
In my experience your solicitor/lender will invariably insist that they register title to the land before you complete. However that is something only they can advise on and naturally what evidence the seller provides is decisive as to what advice they provide. Please do rely on your solicitor's advice here
Comment by Fred Moore posted on
Hi Can I build a fence on my side of a boundary?
My neighbour has cut the hedge between our properties to around 4ft from 6ft. It's his boundary but I would like to put a fence up on my side of the boundary. Can I do this? My garden is no longer private. He has put string line up to mark the boundary.
Can I cut back the hedge? And fit a fance a small distance away from the line?
Thanks,
Fred.
Comment by AdamH posted on
Fred - we can't advise oyu on what you can or cannot do re the boundary or own land. There are online forums such as Garden law or Money Saving Expert where such matters are often aired and discussed. You may find them a useful resource. The only caveat I would add is that it is really legal advice you need as your property and your boundary/neighbour are unique so it's important to understand what rights you eahc have and what can happen in any given set of circumstances. For examle if you do put a fence up on your land can or does the neighbour (or any later neighbour) assume that's the legal boundary?
Comment by Nicola Setchell posted on
We are in the process of selling our house and our buyers have raised concerns that our boundary is incorrect, as on Map Search it includes some of our neighbour's garden. This is definitely not the case as our boundary hedge is the original one planted when the house was built. The buyers do not want the land but are concerned that when they come to sell the discrepancy might cause issues. Is there a simple, swift way to resolve this?
Comment by AdamH posted on
Nicola - Mapsearch does not provide a guaranteed result so it is important to check the actual title plan(s) involved to identify what is included within a registered title. I would recommend checking the titloe plan(s) for the property land as appropriate and then dicuss what options are available with your solicitor.
If the titles are not as you expected then there is unlikely to be a swift way to resolve it and much will depend on whether an error was made or whether you now need to make a claim as to ownership. However you must confirm what is registered first using the title plan(s) before deciding next steps
Comment by Nicola Setchell posted on
Thank you. I have looked at the title plan and the shape of the boundary is roughly correct. I think the issue is how can we tell if the boundary does go into the neighbouring property at the back as the title plan only shows my property with no relation to the neighbour at the back. To further complicate it goes over a footpath and cable easement that divides our two properties. This is shown on both the original building plan and also Mapsearch. However the facts on the ground and evidence from long-standing neighbours confirms no land has been sold and no boundaries moved. Do we go with what's on the ground?
Comment by AdamH posted on
Nicola - all information will be relevant so what's on the ground is important but it reads very much as if it is something you should share and sicuss with the neighbour and agree a way forward. If it is unclear as to where the boundary lies then formalising that through an agreement or determined boundary application may also be beneficial to you both
Comment by Andrea Roberts posted on
I am in the process of buying a property. The property was originally Leasehold. The Leasehold was purchased by the current owners and became Freehold. The boundary line drawn on the Freehold plans differ from that on the Leasehold plans, in as much as the driveway at the front of the property is now not within the drawn boundary.
How do I ascertain if this an error?
Comment by AdamH posted on
Andrea - you should query this with the seller in the first instance. If the leasehold title was closed on merger back into the freehold then the lease has been determined and is no loinger relevant. As such they no longer have the leasehold interest in the driveway it seems
Comment by Andrea Roberts posted on
Hi Adam thanks for your prompt response. I am not sure I understand your reply fully. Does that mean that even though the drawn line on the Freehold plan does not encompass the driveway. If the Leasehold has been merged back into Freehold it would include the driveway.
Thanks again Adam
Comment by AdamH posted on
Andrea - no it does not. If the lease has been merged back into the freehold the the lease is no more. It has no relevance. You are then left with the freehold title and it's registered extent. If that does not include the driveway then it may be worth checking to see if it is registered and if so under which freehold title and to whom. https://www.gov.uk/get-information-about-property-and-land
Comment by Andrea Roberts posted on
Hi Adam thanks for your response. The original Leaseholder has been located and have admitted they made a mistake, they are going to contact the Land Registry to have it corrected. Do you know how long this would take?
This is the only thing that is preventing our house moving chain from completing and I am becoming anxious that a lengthy delay here would break the chain.
Thank you again
Comment by AdamH posted on
Andrea - how are they going to correct it? What is the title number involved?
Comment by Andrea Roberts posted on
Hi Adam, I am unsure as to how they are correcting it our Solicitor is dealing with it. The original leasehold title number is ND37879, this is all I have a copy of.
Thank you Adam
Comment by Andrea Roberts posted on
Thank you very much Adam, I will contact my Solicitor now for clarity and and an update.
Your assistance in this is greatly appreciated
Comment by AdamH posted on
Andrea - I hope it works out. I suspect there is a solution to this but it may take time to resolve and as the buyer you are very much reliant on your solicitor and the seller to achieve that for you
Comment by Mick posted on
I am the owner of a detached property and want to know if I'm allowed to move my garden fence to my land boundary.
It will not infringe onto anyone elses land, but it will mean the fence would be running adjacent to the road on the part of the small estate I live on.
Currently the land I want to enclose is covered by small stones and a couple of shrubs. There is no pathway on the section of the road, and the road in questions just leads down to the 6 houses I'm adjacent to.
The current wall is approximately 6 foot high, and my intention would be to simply move the wall outwards, hopefully using a matching brick to the original ones used.
Would I be able to do this without planning permission
Comment by AdamH posted on
Mick - we can't advise you on what you can or cannot do here. If it is simply an issue of whether you need planning permission then you should check with your local authority planning department
Comment by chris posted on
Hi
I've lived in my house for 30 years - my garden defined by fences. When my neighbour bought his house he noticed that the lines on the land registry plan showing where his garden meets my garden don't exactly match what is on the ground - it looks on the plan as if he owns a small triangle of land on what has always been my garden (as defined by the fences). I have persuaded him to let me have most of this triangle as long as I pay for it changing. I thought just getting a surveyor in to draw a plan to show where we have agreed it actually is and applying for a boundary change using form AP1 would be enough. He wants me to 'transfer' the land as he insists it is his even if he now agrees to transfer it to me. What would the land registry want in this case, on the Land registry map for both properties about the last 15 feet is wrong - leaving a triangle of garden.
Comment by AdamH posted on
Chris - this could not be resolved by way of a boundary agreement or determined boundary so you can either Transfer it as suggested or consider claiming it through adverse possession. In the former case a Transfer of Part seems the most likely route to take. The surveyor's plan can be used as part of the TP1 deed if suitable. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
In the case of claiming ownership then PGs 4 and 5 explain the registraiton requirements although you may have decided not to pursue a claim of course https://www.gov.uk/topic/land-registration/practice-guides
II would recommend you seek legal advice/assistance as well
Comment by chris posted on
thanks - this is what I needed to know
Comment by Medit posted on
For the past two and a half years we have been living in close proximity to our neighbour’s building site in the construction of a new house which was started in November 2015. They had to put in a further planning application which was accepted in 2016 with conditions. One of the conditions is to erect a fence on our joint boundary.
I have two issues, one is that we are unable to enjoy our back garden as we are so close to the site (currently a small open mesh fence dividing the properties) which is unsightly and overlooked on the opposite side by neighbours further up the road since the developer has cleared the site of trees and bushes that acted as a screen. Secondly, the developer seems intent on planting hedging rather than complying with the terms of the planning condition.
I have tried to establish when the boundary will be completed with a vague possibly end of the year, and a denial that it is a fence that should be erected. I would really like my privacy restored and the erection of a fence rather than hedging. At present it doesn’t appear possible to proceed via enforcement as the developer has not done any work on the boundary. Is there anything I can do?
Comment by AdamH posted on
Medit - this is not something we can assist you with or advise upon. It is very much legal advice you require here. If oyu are looking for wider comment/advice then online public forums such as Garden law can be useful resources but it is specific legal advice you really need
Comment by Medit posted on
Thank you, I appreciate your prompt reply. No doubt a costly process and the need to identify the right person, especially if the developer chose to retaliate.
Comment by K. Flowers posted on
Years ago my neighbours offered to replace the wall out the front of our houses and the fences that adjoined our gardens. This is I believe was our fence and wall but we were ok with it ias seemed they wanted matching fences and walls both sides and we couldn’t have that anyway as the other wall belonged to our other neighbour, plus although functional were a bit of mess and we didn’t have the money to replace them at the time. Anyway, my neighbours then decided, without telling us, to recently install massive railings to the wall so their driveway was gated. They now have the house up for sale and I am concerned where I stand on my ownership of that wall and fence in case I want to replace it in the future.
Comment by AdamH posted on
K Flowers - ownership and responsibility can be separate things so it's invariably a case of discussing and agreeing with your neighbour as to what changes you want to make and when. If you want to know what your legal rights maybe then it is legal advice you need
Comment by jayne posted on
Hi i have just put my house on the market after living here 18 years. My neighbour who rents out her property has contacted me and says that 8inches of my garden is actually hers as the previous owner moved the fence slightly and they now want it back. This means me moving my decking, concrete fence panels and some of the previous owners patio underneath for and 8inch difference. I have no money after a messy divorce hence the sale of the house. Can this be enforced ....help please
Comment by AdamH posted on
Jayne - it's legal advice you need here as to what rights you and your neighbour may have. Plans will veyr rarely be so precise that you can spot an 8 inch difference so do check what details you have and on what basis the neighbour is stating it's moved. One key point can be how long ago was the fence allegedly moved. If that was 12+ years ago then you may have an argument to back up it remaining as is now but again very much something to get legal advice on.
If you are looking for wider comment/advice then online forums such as Garden law can be useful resources but do remember that you, your neighbour and the boundary are unique to you so it is specific legal advice you need.
Comment by Tom Duffy posted on
I have just bought a piece of land to build a house on. I have just received the plans showing the land i have bought. The neighbour has claimed approximately 4m x 30m of the land as his garden by erecting a fence. How do I claim it back.
Comment by AdamH posted on
Tom - establish how long ago the neighbour did it and whether the seller gave them consent and then get legal advice
Comment by Charlie posted on
I live in the penultimate house of a terrace. There is a small area of shrub land at the end of the terrace next to my neighbour's property. It's been pretty much unloved for a long time but he was clearing it today. He's hinted before that he owns it and not the council but I've checked the property deeds from when he did the extension, and it clearly shows that the shrub land is not part of his property. I believe he's just claiming this for his own as there would have to be a notice on planning permission for people to approve or not? There are lots of plants and small trees on the shrub land which he clearly cannot just clear without the necessary permission. Should I flag it with the local council just to check he does own it?
Comment by AdamH posted on
Charlie - it's entirely up to you whether you flag it with the local authority but you may find that it is not something they would note or record. The planning process deals with the size, shape, materails etc being used for any extension/building and the issue of actual ownership may not be an issue for them. The council may only be interested if they do own it as a result
Comment by karen posted on
Hi, I am in the process of buying a property. We have just found out that the land registry map shows a completely different boundary to the water search map. Will this delay the purchase further, we were supposed to exchange this week.
Comment by AdamH posted on
Karen - all depends what legal advice you get as to it's relevance/impact. The title plan shows the general boundaries so should be compared with the reality on the ground to identify any anomalies re what you are buying. I'm unsure what a 'water map search' is but it suggests that it may be looking to cover a larger/different area as if it is to gauge the impact say of flooding then you would be looking at more than just the property I suspect
Comment by karen posted on
Hi Adam, I now have more information. The land is a small verge attached to the front of the house which hasnt been included on the Land Registry title plan, even though the owner registered it in 1920 and the house has been sold twice since then!
The solicitors are trying to contact him (if he is still alive). However if he has passed away, will this complicate matters further and potentially be a long drawn-out process?
I hope you dont mind me bothering you with this question, only my solicitor is not giving me any information at all.
Many thanks.
Karen
Comment by AdamH posted on
Karen - I suspect they are trying to contact him to try and get some evidence to support a claim for adverse possession of the land. Such a claim can be made after X number of years of use/maintenance etc as the deeds don;t include the land. If he has passed away then that closes off his ability to assist. If that is the case then you are probably looking at the seller providing what they can and then looking at some form of indemnity insurance to cover the risk of someone coming forward and proving that they actually own the land. You do though need to rely on your solicitor here
Comment by Fiona posted on
Hi
My neighbours have told me that they plan to move the fence that runs alongside their house by about 8 feet to 'sneakily' incorporate the wide council owned verge. They know the land is not theirs.
The council trim and cut the verge twice a year, Several of my windows look out at the verge and it's pretty, with flowers, so I'd rather it stay as a verge that all can see, rather than look out at a new blank fence.
I think a new fence will also block the view of people trying to turn right on the lane. It's an accident blackspot as it is.
I've seen the registry plans for the area, and it's definitely not their land.
Is this okay for them to do? Is there anything I can realistically do to stop them? Do the council mind if people take their land?
Do you have any suggestions about how I might go about preventing this, without causing a neighbourhood dispute? Thanks
Comment by AdamH posted on
Fiona - if the Council own the land then it would most likely be for them to protect it from any claimants. Our PGs 4 and 5 explain how such a claim might be registered in time and will offer you some understanding of what would be involved/required. https://www.gov.uk/topic/land-registration/practice-guides
If you are looking for wider comment/advice then I would suggest trying online forums such as Garden law or Money Saving Expert where such matters can be discussed and aired. But it is really legal advice you need to understand what rights you or anyone else may have here and what might happen in any given scenario
Comment by Carole Mason posted on
I live in a persimmons built house and my back garden is fenced at the bottom and is the boundry to the estate my solicitor stated that this fence is owned by persimmons upon purchace. This fence is now falling down who is responsible for replacing it?
Comment by AdamH posted on
Carole - a matter for you, Persimmon and any adjoining landowner to discuss and agree upon I imagine. I'd suggest looking into the basis as to why the solicitor said it was Persimmon's and go from there
Comment by Lee posted on
My neighbour has put a fence up which i agreed to, but without my concent hes but a board up from his garage to the top of the fence. So i took it down as its on my side of the fence, with him putting the fence up does that make it the boundry?
Comment by AdamH posted on
Lee - where a fence is placed does not denote the legal boundary but can have an impact. Have a read of our PG 40 supplement 3 for more details and if you are unsure as to the impact then seek legal or wider advice https://www.gov.uk/government/publications/land-registry-plans-boundaries
Comment by Michelle posted on
Hi, I have an end of terrace house and there is a small piece of land on the side of my property which my council confirmed it does not belong to them. However, there is a telephone box by my fence - could it be owned by them? I wish to extend the boundary of my garden into a square but the box is in the way. How do I find out who owns that piece of land, or how do I go about in extending my boundary?
Comment by AdamH posted on
Michelle - our online guidance explains how you can search online for registered details or by post https://www.gov.uk/get-information-about-property-and-land
Comment by Sam posted on
We bought a house a couple of years ago, that has a boundary hedge separating our garden from the house infront of us. The previous owner had placed a small fence in front of it to neaten the area as there is a flower bed there.
This week the neighbour has completely removed the hedge, which makes our house completely overlooked and also less secure as the fence is very low and very easy to jump over. It also means they have gained an extra 3ft. They have not asked our permission to remove the hedge.
Where do we stand legally? Can we ask them replace the hedge?
Comment by AdamH posted on
Sam - you'll need legal advice to understand where you and the neighbour stand legally. We cna supply the registered details and basic guidance around boundaries but we cannot provide legal advice https://www.gov.uk/government/publications/land-registry-plans-boundaries
Comment by Bryan Hindle posted on
I've been looking at some old OS maps (1927) and on many boundaries the are wavy lines the cross them. It's a bit like a stretched out S. What do this symbols mean?
Comment by Bryan Hindle posted on
Think I've found the answer.
It indicates it's all one parcel of land.
Comment by AdamH posted on
Bryan - that is correct. They are OS markings known as 'braces'
Comment by Richard Drew posted on
Hi Adam, Seemingly a great service from the HMRC/GOV.uk!
I have a possible boundary dispute arising on exactly where my boundary line is as there were previously a long row of trees present and its exactly on where this should sit now that I have removed the trees.
I have a copy of the deeds with my house purchase from 5 years ago which shows a stright line from one edge of another property boundary to an original post which i have excavated about 10ft away.
This then forms an almost straight line to an original post, which is off the opposite end of the garden (20m away) on my neighbours property.
They are disputing this ruler straight line (from left to right which picks up the original post) as they have measurements on their deeds dating from the 1980's which have measurements on. They are simply taking the measurements shown there from their house and/or from the front garden/Path which do cross over the straight line that i can clearly see on the deeds and plot to with a straight line.
I have an end point on the left of the property and a then secondary anchor 10 ft (the original post) from here and what this line forms is the deed line
As noted an original post is about 10ft away from the left side and this gives me a straight line to the original post at the other end and then forms a straight line back to the left post (well almost - the post on the far left has come back a foot but otherwise from the orignal second post, this forms a straight line as shown on the deeds)
So really its just to confirm these measurements on the 1980's deeds and how accurate these are?
Presuming our next step from here is a surveyor and agree to be bound by their findings?
Many thanks for any help,
Rich
Comment by AdamH posted on
Richard - plans and measurements are invariably indicative only and won't define the exact position of the legal boundary. As you probably already appreciate a straight line on a plan may not be a straight on the ground for a variety of reasons. And an 'almost straight line' is the same. You also don't know where the person measured from and/or what features existed which may have impacted.
So your conclusion is the right one in that it's really a matter for you and your neighbour to resolve by sharing details and understanding and agreeing a way forward. A surveyor can assist in interpreting the various details you each have and the RICS have a very good dispute resolution service. But again as you appreciate both neighbours need to agree on the outcomes.
If you do reach an agreement and wish to formalise it then the Boundary Agreement or Determined Boundary options referred to in the article are available to you both
Comment by Stuart kirtley posted on
Hi, it clearly says in our deeds (were mid terrace) not to errect any fences or plant any hedges enclosing the front garden, but my neighbour (who doesnt speak to us) has planted a large hedge between our drives! How should I go about having it removed
Comment by AdamH posted on
Stuart - I would recommend seeking legal advice as to what options/rights you (and your neighbour) have here. If you believe that they have breached a restrictive covenant that you benefit from then it will be a legal matter
Comment by Paul posted on
Hi I have a small bit of unusable public or council land in front of my front garden that I would like to park my car on, I would like to build a fence that includes a cover that will protect the car from the trees (and birds!) the proposed (roof if you like) will not be built on council land just over hang it, supported by my fence, would this raise a legal debate in your opinion?
Comment by AdamH posted on
Paul - we would not know or be able to advise and I would recommend seeking legal advice for clarity. If you are looking for wider comment then online forums such as Garden law can also be useful resources as such matters are often aired and discussed
Comment by Rupert posted on
Hi,
My title deeds do not show who owns the adjacent fence lines, so I have agreed with my neighbours that I shall take ownership of both and accept all costs, etc.
What is the correct process for updating the deeds?
Comment by AdamH posted on
Rupert - if you wish to formalise the agreement then you can look to register a Boundary Agreement https://www.gov.uk/your-property-boundaries/boundary-agreement-neighbour
Comment by VickyBee posted on
Hi
We are struggling to establish ownership of a wall between our property and the property behind. It is in need of urgent repair as it is very high and risks masonry falling on to my children playing in the garden. We have evidence of a Plan to Assignment from 1968 referred to in our conveyancing report stating that there are T marks pointing outwards towards the property behind. Our solicitor has advised that this should mean the neighbour is responsible. Our neighbour disputes that this is evidence that we are not responsible as 'T marks on the Plan to Assignment are only relevant if they are referred to in the original deeds' (Our house was built circa 1900) - I don't think we have original deeds. He is suggesting we split the cost. Are you able to advise how we best clarify who is responsible and how best to pursue this?
Comment by AdamH posted on
VickyBee - as the blog explains the best way to pursue this is through neighbourly discussion and agreement. Whilst covenants and T marks can assist in identifying who was asked to be responsible at a point in time what may have been true then may not apply or be legally enforceable now. So the best way to clarify matters is to share whatever details you have, inc what your sellers advised on sale, and agree whether one or both of you takes responsibility for the wall. Your solicitor can advise you on whether the plan to an assignment is legally enforceable and and any possible costs involved should the neighbour dispute the point
Comment by Colin posted on
Hi
We are in the process of buying a new house which has a hedge boundary to a public lane. We want to completely renovate the hedge but are unsure if the entire hedge is part of the property or if half belongs to the local council?
Comment by AdamH posted on
Colin - if they own the land the other side then I would suggest contacting them to discuss and agree next steps. Legal advice may also be warranted around where the legal boundary might be assumed to for example be the middle of the hedge.
Comment by Colin posted on
Thanks Adam, would this also be the case if we wanted to fell trees growing out of the hedge?
Comment by AdamH posted on
Colin - yes
Comment by Colin posted on
Thanks again. So should we contact them even if our solicitor confirms that we would own the whole boundary.
Comment by AdamH posted on
Colin - you should always rely on your legal advice. There are in my experience two sides (at least) to every boundary so doing something without consulting the other side is a potential risk. I would suggest speaking to your solicitor to clarify what rights you and the council have here
Comment by Colin posted on
Many thanks. Another property down the lane have done what we want to do (and it looks fantastic) so I think I’ll knock on their door and ask what they did as well.
Comment by Claire posted on
I have bought a new build home and the builders have told me in a email and with plans with dimensions, that from the gable my boundary should measure more than they have given me. Please can you advise as now the next door neighbour wants to put a fence on what should be my land thanks.
Comment by AdamH posted on
Claire - it's something you will need to resolve with the builder/neighbour and I would strongly recommend getting legal advice also. If both properties have been transferred and registered then it is very likely you would have to get your neighbour to transfer the land to you. As I am sure you will appreciate that may not be a simple task but your solicitor will be able to advise/assist. We cannot.
You may also want to check on what you contracted to buy and what was bought and clarify on what basis the builders are now saying you should have had more
Comment by Julie c posted on
I have lived in my semi detached house for over 30 years.2 years ago the house next door was sold,he told me he was going to add an extension to the house
which involved knocking down some of the wall between the properties and rebuilding it higher on the
part that is where the extension is,The extension roof rests on the whole width of the wall and a wire,maybe for an aerial has been tacked to run up the wall on my property at the side of the downpipe.Was I supposed to recieve a letter about the extension? The house is now rented ( has been for a month) ,I have no idea where the owner is.
Comment by AdamH posted on
Julie C - we would not be involved in the planning/building process so would not know whether you should have been notified. I'd suggest getting some legal advice or doing some wider research online as to the processes involved re building an extension and what, if anything, you have to do re your neighbours for example
Comment by David R posted on
David R - I have recently removed 12 feet of hedge which acts as the boundary between my property and my neighbour. I have erected two fence panels which my neighbour claims are in breach of covenant as a live hedge has to be in place. The fence panels I have erected are very slightly my side of the remaining hedge stumps, so as far as I'm concerned are my side of the boundary. Would the middle of the line of hedge stumps represent the boundary?
Comment by ianflowers posted on
David - there appear to be two aspects to this. Firstly, your neighbour's claim the removal of the hedge is in breach of covenant. If necessary, those involved would need to explore this further, for example, whether there is a conveyancing deed containing such a covenant. Even where this is the case, as mentioned in the blog, information in the registered titles / conveyancing deeds are usually only of assistance in helping neighbours to reach an agreement.
Secondly, you have queried the exact position of the boundary. As mentioned in the blog, we normally only register general boundaries and the exact position of the legal boundary line is left undetermined. So we won't be able to say definitively where the legal boundary line is in relation to the new physical boundary that you have erected. Other sources of help such as the Royal Institute of Chartered Surveyors will again only really be of assistance in helping you to reach agreement with your neighbor.
Comment by Sue posted on
I am almost complete in buying my house from local authorities. At the front there is a fence that comes straight up the garden.then our part of the house goes on to the neighbour's land.it was year's ago old cold shed.we have access to this brick building that is attached to the house local authority has sent use the map and this part of the building is missing off it.the boundry line goes straight .could some one plz help me as we are on the last stages now.
Comment by AdamH posted on
Sue - you'll need to discuss this with your solicitor. We can supply the registered details only and it reads as if you need legal advice here
Comment by Sarah posted on
Sarah - I am in the process of selling my terrace property. The terraces have a shared passageway between. My bathroom is above this passageway and has been since the property was built in 1880. I have been told that somehow my bathroom has been included in the deeds for next doors property and not mine. Is there anything I can do to have this corrected and quickly so that our purchase chain does not fall apart !
Comment by AdamH posted on
Sarah - it reads as if this is a flying freehold situation so if it's not shown on the title and the buyer is aware then there are generally two options. Either apply to have the two titles corrected or next door transfers the part to you (or the buyer)
I suspect the buyer will want the former to be done before they will complete but something to check/confirm as other factors can come into play such as speed, how much they want the property, the chain etc etc
I also suspect, as it has not been spotted before, that the error was in the historical conveyancing and the flying freehold aspect not detailed. If so then correcting the title may only be achievable by next door transferring the floor level/room to you
Comment by Sunny posted on
Hi
My property's boundary line is quite weird.
We have a shared pathway which leads to a shared alleyway between the two houses.
According to the title and plan from land registry the my house is built over the alleyway and technically own the alleyway as well but the path in front of it is shared. This also affects the the back garden line as well as the line is straight apart from the extra bit we have from the alley.
As the adjoining property is a council house, can i speak to the council to extend the boundary so that we have a straight boundary all round.
Comment by AdamH posted on
Sunny - it is possible to own a shared pathway/alleyway and the neighbouring property then has a right over it. If you are concerned as to the boundary position and want to try and straighten things out then yes, it is best to discuss with your neighbouring landowner. You may also wish to get legal advice as to possible options and likely outcomes.
Comment by Michelle Old posted on
We have recently bought a property that backs onto land owned by Northumberland Estates. When we moved in there was a summerhouse backing immediately onto the boundary fence. This was sited onto a concrete pad. We have since removed the summerhouse and intended it to be replaced on the same footprint. In our deeds it requires us to get permission from Northumberland Estates. We have done this but now been advised that they require us to site it 1.5 metres from the boundary fence as they do not wish us to access the field for any maintenance that may be due to our summerhouse. This would mean us completely re designing the garden and removing several trees and tons of concrete.
Are they legally allowed to do this.
Comment by AdamH posted on
Michelle - you'll need legal advice here as to what their legal options are, and indeed your own. If you are looking for wider comment/advice then online forums such as Garden law can be useful resources re such matters. But it is still specific legal advice you really need here
Comment by Nick posted on
I have a 100+ year old house on a road which has never had pavements and until very recently didn't have kerbs. A chap from my local council told me that some of the land between my house and the road (but couldn't tell me how much) is actually public highway and that I shouldn't park on it and I shouldn't have any plants on it.
It's mostly grass right now, but I do use it as a driveway (they have put in a dropped kerb for it, so I guess they don't have problem with that) but it did make me think if I wanted to block-pave the driveway or something in the future.
Is what he said true? I checked my land registry document and it highlights an area which goes right up to the road. There is mention of a 'building line' of 15 feet from the road, but surely that is basically all of my front garden! That can't all be public highway, can it?
How do I find out exactly what is my land and what is public highway?
Thanks
Comment by AdamH posted on
Nick - the title plan will show that title's registered extent and the red outline shows the extent of your legal ownership of that title. The building line will not impact re what you own but presumably there is a covenant on the title saying you can't build in front of that building line.
Roads are generally adopted by the local authority which means they own the top few inches. Most properties own as far as the middle of the road, but not those inches, but the title plan will rarely extend that far - research ad medium filum online and get legal advice over what the council chap is telling you. Alternative is to try online forums such as Garden law where such matters are often aired and discussed
Comment by Marie posted on
Our deeds state that the southbound wall is not included in our property and a T can be found on the drawing of the plot on the North boundary wall. Due to the lack of maintenance of shrubs/bushes/trees,etc. that are adjacent to this wall for a number of years, said greenery has caused the wall to tilt dangerously. We obtained a survey to this affect also indicating that this was the cause. (Various tree trunks were leaning against our wall.) Finally the Management company who look after the plot and who we contacted yearly to inform them of the problem, have had all said greenery cut away, but still won't do anything in regards to replacing the wall, which as stated, has become dangerous. Are we in our right to demand them to do so as it was their neglect which caused the problem?
They are now requesting that we prove it is our wall, as they can't get a hold of the deeds, which doesn't make sense as the freeholder, who they work for will have theirs.
Comment by ianflowers posted on
Marie - As mentioned in the blog, deeds may contain 'T' marks and/or refer to the maintenance/ownership of boundary structures but they are really only of assistance in trying to reach agreement with the other party. Where an agreement cannot be reached, such matters may have to be resolved in other jurisdictions, such as the courts.
Also, as mentioned in the blog, the RICS may be able to assist but I note you have already had the wall surveyed. Websites such as Garden Law may also be of use in considering the legal position and ultimately you may need to consider seeking legal advice, for example from Citizens Advice or from a conveyancer such as a solicitor.
I am sorry we can't be of more assistance but I hope this is of some use to you.
Comment by Pam posted on
I own my property and next door is rented. Land registry showed shared ownership of fences, so I contacted the letting agent who in turn contacted the landlord who agreed to share the cost of replacing the fence. However, the payment is not forthcoming. The agents keeps emailing me saying they will chase him for payment. What are my rights after he agreed to pay?
Comment by AdamH posted on
Pam - something to get legal advice on to clarify what your legal rights are in such cases. We cannot advise you on how the law would view such an agreement and how to enforce it
Comment by Nigel Whitten posted on
Hello, The back fence of our garden covers about three of the gardens of the houses opposite, and it is their responsibility according to our deeds for its upkeep.The neighbour on the right side of the garden has just put up a new fence ( his "share" of the fence so to speak) but he has placed the fence about 12" inside his boundary, thus losing some of his garden - but he has left the old fence still standing.
This means when that part of the old fence disintegrates we will be left with the problem of disposing of it and attempting to join the fence up to the next piece of the fencing which another occupier owns.
I haven't attempted to speak to the person on this matter yet, but it seems a very weird thing to do!
Any advice would be appreciated!
Comment by AdamH posted on
Nigel - we can't offer any advice really as very much something to discuss and clarify/agree upon with your neighbour. In my experience it is not that 'weird' in modern times and people seem to prefer to do this rather than engage with the neighbour and agree what next etc
It can pose issues later on as you suggest although they tend to be over who owns the land in between old and new fences - it can get quite problematical where neighbours dispute the issue, especially if property is old to a new neighbour
Try online forums such as Garden Law for wider comment/advice as they often share and discuss similar issues
Comment by Nigel posted on
Thanks for the response, Adam!
Comment by Susan Menzies posted on
Hi Nigel
The neighbour whose garden runs longways across the bottom of our garden had conifers which my husband has always kept trimmed, some time ago this neighbour said he wanted to get them cut down by about a foot (they were approximately 6ft at the time) we were quite happy with that. On Saturday we came home to find that he has had them cut down to approximately 3' 6" and are absolutely devastated as we have totally lost all privacy and also any security (the rest of our garden is enclosed), we have been trying to think of ways to improve this, if we put a fence in then when he trims the hedge it would probably damage the fence. Is there anything we can do?
Comment by AdamH posted on
Susan - very much something to discuss and agree with your neighbour. If you are looking for wider comment/advice then try online forums such as Garden Law where such matters are often aired and discussed
Comment by Emma posted on
Hello, I brought a house just over a year ago and the council are now updating the roofs on the properties they own in the area. The house next to ours is one of those houses. We are an end terrace and the council are wanting to use our side entrance to get to that house, but I don’t want them to as I’ve a newborn baby and feel our privacy would been interrupted. Do I have to agree to them using it?
I was never informed that it would be used when I brought the property.
Comment by ianflowers posted on
Emma- Hello. We essentially have an administrative role and whilst the register of title that we hold will show any rights (such as rights of way/access) and covenants that your property is subject to, we cannot advise as to whether or how they are enforceable. The Access to Neighbouring Land Act 1992 may also come in to play. That Act gives a right of access where it is vital for one neighbour to go on to the land of another to carry out repairs to their own property. This is not something that we are involved with and if you're unsure what action to take, you may want to consider seeking independent advice, for example, from Citizen's Advice or a solicitor such as a conveyancer.
Comment by Nigel Jones posted on
Hi, I have a wire/barbed wire fence at the bottom of my garden that backs on to a Church hall. I have two trees at the very edge of my garden and I want to put a wooden panel fence just inside - so there is a gap between the wire fence and my new wooden fence. Can the Church then take down the wire fence and make that area - 4ft x 20ft - their own?
I only ask because my neighbour has down something similar and the church has created a garden using the space.
I will add that I don't mind them doing this to my garden but I don't want the trees cut down. I'm thinking if they claim this land then they have the right to cut them.
Kindest regards,
Nigel
Comment by ianflowers posted on
Nigel - Hi. As mentioned in the blog, the invisible legal boundary line is left undefined, so regardless of changes to physical boundary or boundaries on the ground, we wouldn't able to confirm whether the owner is entitled to take any action such as cutting down the trees. A tree preservation order(s) may also come into play but that is not something that we are involved with.
As to the claiming of land without deeds this would generally be by adverse possession, commonly referred to as 'squatter's rights', and this a very complex area of the law. If you're unsure of the implications of any action taken, you may want to consider seeking independent advice, for example, from the Royal Institute of Chartered Surveyors as mentioned in the blog, and/or from Citizen's Advice or a conveyancer such as a solicitor. Online forums such as 'Garden Law' may also be of interest.
Comment by Carol posted on
Would it be correct to assume that the house that owns a boundary, the boundary/hedge is planted on that land and not instead on the next door neighbours land?
Comment by ianflowers posted on
That might be a reasonable assumption but we can't say whether it would be correct given the precise position of a legal boundary is not determined and may run inside, or either side, of a living boundary structure such as a hedge. These types of structure may also move over time given they may take root on adjacent land.
Comment by Sadiq posted on
My neighbour is asking to split the cost of a new fence, she believes in her documents the left side of the fence is my responsibility. However my documents state mine is the right side. Is there any legal standing for do either of us given that we have documents claiming "ownership" of a side?
Comment by ianflowers posted on
The information in deeds may assist the parties involved in reaching an agreement, but it is important to mention that responsibility for a boundary does not necessarily confer ownership. Ultimately, where an agreement cannot be reached, these issues may have to be resolved in other jurisdictions such as the courts. Resources such as the Royal Institute of Chartered Surveyors referred to in the blog may be able to assist and if you are unsure as to the legal position, you may want consider getting some legal advice, such as from Citizen's Advice or from a conveyancer such as a solicitor.
Comment by Gaz posted on
We purchased a property 18 months ago, then recently purchased the neighbouring land. It was not until the latter purchase that we discovered a discrepancy in the boundaries between these two. Many years ago there appeared to be a couple of very small buildings straddling the boundary between the two. As a result the OS map that existed when the property was first registered still showed the boundary around these two small buildings. This means in the title plan for the property does not include the small area originally occupied by these small buildings. The physical boundary which I guess has been in place for over 50 years has this small area within the property boundaries. This very small piece of land (approx. 1m x 3m) is unregistered.
However, the purchased land, is split into two titles. One title is where the two small building existed and again is a very small piece of land (approx. 0.5m x 3m) This had possessory title before our purchase, but we have changed this to absolute. These two titles use a newer OS map which is representative of the physical boundaries in place today.
At some stage in the future we may wish to build on the land so need to ensure that all land is registered. Land Registry have asked me to complete an FR1 form which I assume is just to register the small 1m x 3m piece of land. Or is there another way that this can be done?
Comment by AdamH posted on
Gaz - if part of the land is unregistered then you will need form FR1 to apply for it to be registered. The application should then include any evidence to support your application
Comment by Christina posted on
Hi wonder if you can help me. I built a kitchen extension which for three quarters of the way runs along the boundary and then goes a few cm into my garden - we had to do this to make sure the wall was a straight line. I built the kitchen wall as a party wall for my neighbours to also use to build off. They now want to do just that but they are nervous about using the wall because of the few cm that it veers into my garden as they are scared in the future I will try and claim those few cm or make an issue and change my mind.
I won't - I built the wall for their use knowing that the end bit would veer into my garden so what can I do to assure them legally? Is it enough that they get a party wall survey and draw up a party wall agreement that states this? The neighbour mentioned land surveyors and specialists and redrawing title deeds - which is silly as boundary lines are not shown to cm in title deeds. Any help appreciated - they are lovely neighbours and I understand their worry but I built the wall for them to use as well as I didn't want a tiny gap between our extensions.
Comment by AdamH posted on
Christina - we can't advise you legally but would suggest considering either the boundary agreement or determined boundary options highlighted in the blog article.
As you rightly state a few cms is not going to show up on existing title plans. If you want to formalise the situation then the options as mentioned are available to you both from a registration perspective.
Comment by Christina Ioannou posted on
Sorry but where does it talk about boundary agreements and determined boundary options? I can't see where the information is... or am I being a space cadet?
Comment by AdamH posted on
Christina - the links provided in the article take you to wider guidance and I should have signposted the specific one for you. Apologies https://www.gov.uk/your-property-boundaries
Comment by Tara Roden-King posted on
Hello. Am I able to build a wall next to my neighbours wall? He says the the wall between us is on his land and goes up to the boundary line. He becomes very aggressive if we place objects against the wall or if builders have soil/sand and this leans against ‘his’ wall. He said that I can’t do this, is this correct? Many thanks.
Comment by AdamH posted on
Tara - it's legal advice you need here as to what your rights (or his) may be. If you are looking for wider comment or online advice then forums such as Garden Law can be useful resources. But remember it's your property, your neighbour and your shared boundary so what may work for some may not apply to you. Legal advice is the best option.
Comment by Joan Hudson posted on
Joan Hudson 19th July 2018.
On the 4th of July, my new neighbour (having gained planning permission for large extension to the back of her property) on July 4th at 7-30 am, upon the neighbours instructions, builders removed a joint wooden party fence to the side elevation between our properties and drilled out the substantial, solid mini concrete boundary wall, that had ran the full length between our detached houses and gardens, no permission was sought, they also, demolished a eight foot ornamental wall on the end of their side path and dumped it onto my mature shrub border, planted seventy years ago and well within the now demolished concrete wall & wooden fence,
(I have photographic evidence of all these facts), would your office define this substantial concrete mini wall that the builders of all properties in this area 70 years ago had placed between each property, as a boundary marker, they are now extending their path up to my property side wall.
Comment by AdamH posted on
Joan - we register the general boundaries so do not define the position of the exact legal boundary. I would recommend seeking legal advice/assistance with regards what steps you can now take. Boundaries can be marked in a variety of ways but it's important to understand why the neighbour has done what they have and what their understanding is also. As the blog article explains the RICS offers a dispute service but it reads as if it's some form of legal action you now need to stop the works until this matter is resolved
Comment by Joan Hudson posted on
Hi Adam, thanks for the reply, I anticipated the problem when the property went up for sale, so took many photographs of the original concrete boundary curb approx. 9x6, that the builders cemented into the ground in 1960's when all the properties were built, I also have photographs of the next door builder drilling out this boundary marker, simply to allow a digger machine over their path, the abutting concrete mini wall being a few inches higher than their path and depositing a ornamental block wall that sat on their property onto my mature shrub border, it was heart breaking, now they have obliterated most of the side entrance boundary wall, which ran the length between our properties, I am fearful that the new owner will now try to claim my garage/courtyard wall as the boundary.
Having stated my fears, the new owners had also recently torn down the old rear garden, wooden fence, that sat astride the whole length of the concrete boundary and they erected a taller garden fence on her side of that boundary marker, which we did not object to, but recent exposer shows she has returned the fence and pinned it onto my garage wall, further evidence they intend to now claim my garage wall as the boundary, picture show my garage wall, built well inside the removed concrete boundary on my side.
Would I be within the law to send a letter of objection to the concrete boundary being removed and request they clarify their intensions asp,
Mrs Joan Hudson
Comment by AdamH posted on
Joan - we can't advise you on your legal rights here but would encourage you to seek legal advice before putting anything in writing.
Comment by Mrs Joan Hudson posted on
Thank you Adam, I have informed my solicitor, who stated a single letter to my neighbours could cost as much as £500, and being a pensioner, I have tried to solve the problem without delving into my funds.
Thank for your advice Adam.
Kind Regards, Joan.
Comment by AdamH posted on
Mrs Hudson - understood and appreciated. Professional fees will always apply and may vary but entirely up to you whether you use a solicitor or not.
Comment by Sue posted on
We are in the process of purchasing a property that backs into a beach. What are the rules so far as the outer boundary of our property? We have been told that we would own up to the high tide mark. I have a copy of the title deeds but it is not clear.
Comment by AdamH posted on
Sue - our PG 40 sup 3 section 11.5 explains a legal presumption made re boundaries that may be helpful https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3#legal-presumptions
Comment by Mrs S Broadway posted on
We have a shared drive where the 'blue hashed' area in the deeds denotes the area both houses have vehicular access over. This restricts our neighbours parking to 1 small car (whereas there is plenty of room for 2) and we have no parking at all (although there is plenty of space for 1 car). Our neighbour is having difficulty selling her house due to the parking restrictions and we too may have difficulty selling ours one day. How do we change the deeds to show a less restrictive parking arrangement?
Comment by AdamH posted on
Mrs S Broadway - you will need legal advice/assistance as it reads as if you want to release/vary the easements granted/reserved and the covenants included in the plot sales/transfers. If the shared drive and restrictive parking arrangements affect just the two properties then it should be legally possible but you will need a legal deed to achieve it. If the properties are mortgaged you are also likely to need the consents of any lenders.
Comment by Laura posted on
Our neighbor has recently replaced an old fence that had been in place for the last 30 years. They have however rebuilt it eight inches over onto our property. You can clearly see that the post was originally in between the drive gates. The post is now much nearer to my gate post almost but not quite up against the gate itself. They’re claiming that the original fence had been put in the incorrect place (even though they put it in themselves) and are refusing to move it. As the original fence had been in place for such a long time would I have a right to make them move it back?
Comment by AdamH posted on
Laura - we can't advise you on your rights or indeed theirs. I would recommend that you seek legal advice. If you are looking for wider comment/online advice then forums such as Garden Law or Money Saving Expert can be useful resources although you, your neighbour and your boundary are unique to you so whilst such comments may assist it is legal advice that we would recommend.
Comment by Martine posted on
Adam
I have frontage measurements on my house deeds and the house is a semi so i have started at the centre drainpipe. My measurements put the front hedge about a foot from the legal boundary line. My neighbour disagreed, chopped the hedge back to the trunk her side as she claims the hedge trunk is the boundary line and she block paved to the trunk taking about a foot of our land. She keeps chopping the hedge and it is in a sorry state. If i wanted to put a fence on the actual legal boundary line to prevent her chopping the hedge it would need posts sunk in her block paving. Is that allowed?
Comment by ianflowers posted on
Martine - I'm responding as Adam is unavailable. I am sorry to hear of the difficulties you have experienced.
As explained in our blog, most properties are registered with general boundaries where the legal boundary line is left undefined. This is mainly because, even though conveyancing deed plans are normally drawn to scale, they do not normally define the precise boundary position. Even with modern surveying and mapping processes, plans are dependent on certain defined tolerances according to their scale. This means measurements taken by scaling between features shown on the plan may not agree with the actual distance measured between the same features on the ground.
Even where, as in your case, measurements are given in deeds, initially this is really only of assistance in seeking to reach an agreement with your neighbour. Where that isn’t possible, then you may want to consider taking independent advice before taking any action along the lines you have suggested, for example, from the Royal Institute of Chartered Surveyors as mentioned in the blog, Citizens Advice, or from a conveyancer such as a solicitor.
Ultimately, where matters of this kind cannot be resolved, they may have to be dealt with under other jurisdictions, such as the Courts.
Comment by Tim.C. posted on
Does this issue of the boundary being" undefined" apply if the deeds state that the legal boundary is an extension of the party wall ,so a clear straight line can then be drawn following the line of the party wall ? I ask this as I have an issue with a discrepancy of a legal boundary and a physical boundary with a neighbour.
Comment by AdamH posted on
Tim C - you'll need legal advice as to how to interpret the deeds and that specific statement
Comment by Martine posted on
Tim - did you find an answer? I am still in dispute with my neighbour who has not only paved over my land but has also moved her tv cables into my side and buried them there making it hard for me to put fence posts in.
Comment by Ange posted on
We have a shared driveway between our and next doors house which originally led to garages in our back gardens. The gap is too small to fit a car down so we would like to divide it and put a fence down the middle. Both parties are happy for this to be done but do we need to register it. Thanks
Comment by AdamH posted on
Ange - I assume that you each own part and that detail is not changing but it is the rights you each have over the driveway. If so and you are looking to vary or extinguish the easements/rights included then this would have to be by legal deed and registered. https://www.gov.uk/government/publications/easements
If your properties are mortgaged then your lenders would need to be aware and likely to have to consent to any changes. I would recommend that you seek legal advice/assistance to draw up the deed. And if lenders are involved you may find that they insist that you use a solicitor also
Comment by Cathy Ball posted on
We have obnoxious neighbours on both sides, we have been here 19 years , them 3 and 2 years. As we are older we apparently dont belong around here! Lots of others are retired and they dont belong here either. One side props tools etc against our fence and shed despite them having same sized garden and a shed. Other side claims our drive in front of our garage is shared. We had it paved due to damage by lorries using it as a turning point long before they moved in. We are having a window replaced and she objected to them parking on our drive, not on theirs. When they moved in they actually blocked our car in and refused to move!
Comment by Cathy Ball posted on
With regards neighbour claiming shared drive, I obtained a copy of the Land Registry Ordnance Survey Plan which clearly shows no shared drive. What action should we be taking next, as we would like to move next year and do not want any boundary disputes if we get potential buyers?
Comment by ianflowers posted on
Cathy - where there is a shared drive, this would usually involve the respective owners granting rights to their neighbour over the part of the drive which falls within their title. If this is the case, the title registers for your properties would refer to these rights.
In case you are not already aware, the HM Land Registry title plan will show the extent of your property edged in red. It is also important to mention that we register general boundaries and the exact position of the legal boundary line is left undefined.
The position on the ground may also come into play. For example, if an area has been used as a shared drive for a number of years. If you are unsure of any implications in that regard, you may want to consider getting some independent legal advice, for example, from Citizen's Advice or from a conveyancer such as a solicitor.
Comment by Cathy Ball posted on
Further to above post the other side came back and was quite rude to the window fitters, even their 3 year old chimed in with "you should not be parked there" copying mother. The vans were not blocking her from parking in front of her garage or over a dropped kerb! I contacted window company and told them the truth should she complain.
Comment by Chris Dunworth posted on
There is a line of conifers along our boundary with next door. We put a fence on our side of it as our neighbour claims it’s her hedge. However it has grown wider and wider and is now pushing our fence over. What are our rights.
Comment by AdamH posted on
Chris - you'll need legal advice as to what your, and indeed their, rights may be. If you are looking for wider online comment/advice then public forums such as Garden Law can be useful resources. But as you, the neighbour and boundary are unique to you it is specific legal advice you will need
Comment by Miss C posted on
Thank you for an interesting article, and I am hoping you may be able to assist me with my own query.
In the case of a terraced house, is the party wall the boundary in all cases?
I live in a mid terrace that used to have a bisected garden with a pathway along the back . For some reason, the gardens are all running slightly out of line with each house, leaning towards the right.
Past owners of my property and those of my right hand neighbours property had extensions built together. It appears they decided to incorporate the pathway into the gardens at the same time. So they erected fencing, but put in gates so the right of way still remained.
Each gate is attached to the owners house wall. But because the gardens are out of line, there is an l-shape in the fencing just after the gate before it continues down the garden in a straight line. My gate on the right is like this. My neighbours gate on their right is the same.
However, the neighbour to my left has erected their gate in a continuous straight line with their garden fence. As the gardens all lean to the right of the houses, this means that approximately 2 foot of my house is on their side of the gate, instead of mine.
They insist the gate is in the right position and are reluctant to move it, but common sense tells me the dividing wall of our houses should be the boundary. Therefore surely all of my property should be on my side of the gate, whether the garden is out of line or not. Can you confirm this is correct?
Many Thanks.
Comment by AdamH posted on
Miss C - you'll need legal advice to clarify how the law might view such matters inc party/shared walls and where the legal boundary may lie. Online forums such as Garden Law can be useful resources for wider comment but you, your neighbour and the boundary/access points are unique so legal advice is always recommended.
Comment by Timothy Carpenter posted on
I bought my property at auction in April 2018. I was given just 2, 10 minute viewing slots and had to wade through 150 pages in the legal pack and enquire before contract (the falling of the hammer) in days. On completion, I noticed that the rear boundary did not tally substantially with the plan attached to the TP1. My conveyancing solicitor is not to blame as they only were instructed after the fall of the auction hammer. After a few weeks, I approached my neighbour to see what we could do. He told me what he'd got was what he'd bought and wasn't interested in change. I've subsequently had accurate plans drawn up by my architect, had 2 (paid for) legal consultations and have commissioned overhead photography to accurately show the position. I have offered my neighbour to go halves engaging a specialist land surveyor report which would be legally binding on both of us - again flat refusal. I am a pensioner, my neighbour a 40 year old business owner. I think he's playing a horrid game of poker with me, hoping I'll run out of money. Of course I don't qualify for Legal Aid. Is there any way I can resolve this without incurring further substantial costs?
Comment by ianflowers posted on
Timothy - I am sorry to hear of the difficulties you have experienced, but the short answer to your question is probably no. This is because, where an agreement cannot be reached either as to the position of the boundary on the ground or the cost of a surveyor's report or other options such as mediation, then ultimately, if pursued, these issues may have to be resolved in other jurisdictions such as the courts.
Comment by Luke Fetherston posted on
I bought my property in 2007, at the time the solicitor didn't advise me regarding the residential communal car park on my deed and the possible implications this may cause when I look to sell. Now I'm looking to sell my property but as the car park is on my deeds this is causing a real problem for the buyers solicitors, they feel that the buyer will ultimately be responsible for the maintenance and up keep of the car park. My solicitor has contacted the management company who have discussed it with the landlord but don't appear to fully understand whats being asked, essentially will the landlord take back the land so that my deed on makes me responsible for the property and not the communal car park. I've already paid for the management company to investigate this, but now I don't really want to be paying anything further to get this investigated. I know there may be additional costs for it to be resolved but I'm struggling to sell my property due to this.
Comment by ianflowers posted on
Luke - I am very sorry to hear of the difficulties but we can't give a great deal of assistance I'm afraid, as our role is essentially an administrative one in dealing with the registration of ownership and other interests in land based on applications made to us. It appears that the current registration is correct based on the deeds and it is most likely it will need a legal solution to make the change along the lines you have suggested and your solicitor is best placed to progress this hopefully with cooperation from the landlord.
The Leasehold Advisory Service may be of interest and help to you. Their contact details are on their website: https://www.lease-advice.org/ . You may also want to explore with your solicitor your concerns about the lack of advice given by the solicitor at the time of buying the property. You can also report this and possibly get assistance from the Solicitors Regulation Authority: https://www.sra.org.uk/home/home.page .
Comment by Helen posted on
Hi Adam, I live in a 1950s detached bungalow which has a linked garage attached to our neighbours garage. There is a shared driveway in front of the garages. The width of each driveway is approx the width of a standard size car so requires stepping into each other's driveway to exit and enter our vehicles. Our neighbour has decided to put up a 1 metre fence along the boundary (as they also park cars in their garden). This would render our driveway unusable for vehicles. Additionally at the end of the driveway we own the land which our neighbour drives over to access their driveway. This was listed on the deeds as historical access. Our neighbour is planning to put a fence all the way along the boundary line up to the road thus also making it very difficult to drive cars in and out of our property. What are our rights regarding this? I should also note that our bungalow is 1 of 4 built at the same time in the 1950s. Would really appreciate your advice on this matter. Thank you
Comment by AdamH posted on
Helen - there's not much we can advise you on as it is legal advice you need re your rights. The registered details will be a key part of any legal resolution depending on what rights were granted/reserved re the use of the shared driveway/access and any covenants also. You will already appreciate that times have changed considerably since the '50s so the conveyancing may not have covered such issues as cars were smaller, people had different social attitudes to how they lived/related to neighbours and so on but the devil will be in the detail.
The latter point is also crucial now as clearly your neighbour has reasons for doing what they are doing and in all cases we would recommend that any changes are discussed before proceeding. They may have a view that they do not need to for example but sharing details and understanding can often resolve such matters as sometimes the boundary position overrides all other thoughts when rights/covenants may also impact but they are unaware. Or conversely they may be aware that there is nothing or limited information registered.
I'd recommend confirming what is registered and if sketchy seek legal advice. You may also wish to search online forums such as Garden law which can be useful resources although remember you, your neighbour and your respective properties are unique so what works for some may not apply or work for you
Comment by Elizabeth posted on
I have lived in my cottage for 6 years. Each boundary of my front garden has a hedge. I like hedges, I don’t like concrete! My neighbour has said he ‘is’ taking the hedge on the left boundary down! And replacing with a wall! I presume he is making the point the hedge is totally his and I have no choice. That hedge gives me complete privacy into my bedroom window (semi detached to them, single story) and I doubt the wall would be as high. Does he have the right to make these changes even against my wishes and the the fact roots are now on my property too! If the answers yes, would he have to replace like for like In height, seeing as it would affect my privacy? I also have OCD and it would upset me that my garden was not evenly matching with hedges either side, as it was when I bought it!!
Comment by AdamH posted on
Elizabeth - it's legal advice you need here as to what your rights are and indeed his. In most cases such decisions are made between neighbours following discussion/agreement as neither should really want a dispute. If you are looking for wider online comment/advice then online forums such as Garden Law can be useful resources as similar examples are often discussed and commented on.
Comment by Elizabeth Cameron posted on
I have lived in my cottage for 6 years. Each boundary of my front garden has a hedge. I like hedges, I don’t like concrete! My neighbour has said he ‘is’ taking the hedge on the left boundary down! And replacing with a wall! I presume he is making the point the hedge is totally his and I have no choice. That hedge gives me complete privacy into my bedroom window (semi detached to them, single story) and I doubt the wall would be as high. Does he have the right to make these changes even against my wishes and the the fact roots are now on my property too! If the answers yes, would he have to replace like for like In height, seeing as it would affect my privacy?
Comment by AdamH posted on
Elizabeth - not something we can advise you on re what legal rights you each have or what has to happen in any given scenario. I'd suggest seeking legal advice or try online forums such as Garden Law where such matters are often discussed.
Comment by Tim Martin posted on
What to do?
This involves 3 people and 3 plots of land directly next to each other. I own the land in the middle.
Neighbour 1 has a house on her plot and has a survey by a RICS Surveyor
Neighbour 2 (me) has a survey by the same RICS Surveyor as above (this is empty land)
Neighbour 3 has a survey by a different RICS Surveyor (this is empty land and his fence is way into what I believe is our land)
Neighbour 1 and 2 agree boundaries as per the the survey and peg markers.
Neighbour 3 disagrees with the Neighbour 1 & 2 surveys and wants to use his conflicting survey results yet he lives on the opposite side of the road and has no border relationships between Neighbour 1 and the properties that follow on from her house in the opposite direction.
Do I submit Neighbour 1 & 2 surveys to the Land Registry Adjudicator as for over a year I have been in conversation with Neighbour 3 yet he is not being agreeable and to be honest I'm exhausted with it all! Also, who's survey is the adjudicator most likely to take as correct? I feel Neighbour 1 & 2 has a rock solid case to throw out any objections.
The plot I own isn't worth a great deal and I don't want this to escalate into a crazy legal battle.
Comment by AdamH posted on
Tim - there's nothing to stop anyone applying and any application made would be treated on merit. As such it's impossible to state whether surveys 1, 2 or 3 would hold sway as they are very unlikely to be the sole evidence considered of you are not all in agreement. I'd recommend seeking legal advice as well just to understand how the law would view such matters
Comment by Pete posted on
Hi Adam,
Our house and our neighbours are terraced, but the backs of the houses have an "extension" (but from the original construction) that are L-shaped and mirrored L-shaped. So the path down the side of our extension is alongside the path down the side of their extension.
Between these extensions and the paths there is a solid breeze-block boundary wall. It starts at the join between the terraced parts of the houses, and goes down to where the extensions end.
The wall isn't properly parallel - it gets closer to our property and further away from theirs as it extends. Where it ends at the end of the extension, the gap is quite narrow to get into the garden - not ideal. Looking at the title plan, the boundary appears parallel between both properties for them to have the same space.
I believe the wall was built before either of us moved into the properties. Now that we're thinking of working on our garden for our young children, I don't want to spend time and money investing in the garden before making sure we've got all of the land that is "ours".
The wall is actually a supporting wall, as our neighbour is higher up the hill than we are. They have a raised patio a few feet higher than the garden on our side. This makes it slightly worse, as there are supporting outcroppings from the wall that encroach further into our garden space. I would presume they would have had to get planning permission for this, but I don't know when it was built.
Given the extent of the wall and being connected to their patio area, I doubt our neighbour is going to be too eager to change this without good reason. Before speaking to them, I want to understand the position we're in. Is this something that we're entitled to ask them to change?
Thanks.
Comment by AdamH posted on
Pete - in my experience such matters are only resolved between neighbours unless you are prepared to go to court if you can't resolve it. Your situation highlights the main points re such matters, namely the title plans show the general boundaries; physical features are put in for a variety of reasons inc to denote a boundary divide and to support the land as here; and if such things happened before you both bought what agreements were made by previous owners and do they impact/still bind you both now?
Everyone is entitled to ask but it's usually a joint decision re next steps so if a change is warranted then look to formalise that as the article explains. If in any doubt then iot is very much legal advice you need as to what options you may have
Comment by Simo lywood posted on
Hi we have just moved in to a property
We know which fence is who’s but the fence that is belonging to the next door
Is on our land as we spent some time cleaning way lots of overgrowth at the week end and found a concrete line
That goes between both properties
I mentioned to next door your fence is the wrong side it’s on our land. He replied with no the fence in the bound
Not the concrete slabs in the ground
I’m 100% shore that the line is a boundary line as it goes all the way round both property s and the hole steet separates all the property’s can you help with this thanks
Comment by AdamH posted on
Simo - the blog article and links included explain what information we can provide. We can't advise you as to where the exact legal boundary is so very much something you and your neighbour will need to discuss and resolve. If you can't then it's legal advice you need as to what your, and their, rights are and what legal options you may have
Comment by Sarah H posted on
We are currently in the process of purchasing a bungalow. We have recieved the land registry document that shows that the red general boundary line falls short of the end of our garden by approx 1.5 meters. We are now concerned that the end of our garden may have been previously sold to the property on the other side and that they may be unaware that we still have it. Can I legally request a title plan/general boundary of their property or is that something a solicitor has to do?
Comment by AdamH posted on
Sara H - the register is open so you can check online or apply for a copy of any registered title https://www.gov.uk/get-information-about-property-and-land
If you have any concerns over the 'extra' land then do notify your solicitor and rely on their legal advice
Comment by Richard Norman posted on
Hello - the boundary between my property and my neighbour shifted as a result of a survey using the land registry documents. All good. It meant that my side pedestrian gate next to my main gate gave onto my neighbour’s garden and not my drive. I live at end of cul de sac and my drive passes in front of their property. Accordingly I padlocked the gate, put a huge galvanised water tank in front of it and planted it up. I now simply use the main gate. As I said the other side of the gate is their garden. My neighbours are ‘difficult’. They now say through solicitors that they want me to remove and replace this former
gate. I’ve searched the internet and it seems that as long as it is not used that it is quite acceptable as a part of a boundary. Is that the case? If it’s a dodgy area I could simply remove it I suppose but I don’t like to be bullied. What do you think? They also ignore the new shared boundary outside their end of the drive and put pots etc on my side of the boundary. What can I do about that? Is it obstruction? Thanks - Richard
Comment by AdamH posted on
Richard - I'm afraid we can't help you with answers to these questions and I would recommend you seek legal advice. If you are looking for wider online comment then forums such as Garden Law can be useful resources but you, your neighbour and boundary are unique so legal advice is always the best option
Comment by Oliver posted on
Hi Adam, interesting article.
Please would you advise me on a boundary question?
1 of my boundaries adjoins a private road (the council have confirmed this), to which my house has a right of access as it joins the highway at one end. The private road is owned by Thames Water who have a site further along the road. No domestic dwellings or commercial buildings are in the vicinity of my boundary - just the road and a strip of overgrown unused verge beyond that. Am I able to place a fence along the boundary that exceeds 2m and if so what is the maximum height? If not, can I place a high fence further back from the boundary line that would allow me to exceed 2m? I understand that there are restrictions in place for boundaries bordering public highways and domestic properties but struggling to find an answer to this?
Thanks very much in advance
Oliver
Comment by AdamH posted on
Oliver - one for your local authority planning department to advise on as they are the ones who restrict the height of fences/buildings. 2m is fairly standard I believe but one for the LA to answer and normally they have such details on their planning website
Comment by Mixy posted on
I bought my property in Sep 2014 and the boundary with the next door property is quite clearly shown as being in line with the wall of their house. Within my boundary there is a line of leylandi type bush/trees along the edge of my front lawn. My neighbours line was marked by a narrow path in line with the edge of the house. The previous owner of the property next door has, since 2014 , expanded their path by creating a driveway up to their side of the tree line which is clearly on my land according to the plans. I want to replace the trees with a new border and reclaim my land which will mean the driveway created by the previous owners would be on my land. Google earth clearly shows the previous layout of the tree line and path. No permission was given for them to build a new drive into my land! What should/can I do next to tackle this issue, please?
Comment by AdamH posted on
Mixy - something to discuss and agree next steps with your neighbour and/or seek legal advice upon
Comment by AmW posted on
We were almost ready to complete on our property however our solicitor is refusing to let it go any further as a small patch of our garden is not registered. Im not sure how it is possible as it is within our garden boundaries. It looks like there use to be some sort of out building on the plan which he is referring to but this is dated back to 1969. The seller and their solicitor said they own the full garden, but our solicitor cant find this small patch on the titles. Im worried this could cause the sale to fall through as neither solicitors are budging.
Can a small patch of land within our garden boundaries not be included in the title? Is our solicitor questioning where this outbuilding has gone as it is not registered. The sellers have owned the property for 20 years
Comment by AdamH posted on
AmW - it can be included if title is shown but I imagine this is the issue your solicitor is looking to resolve. If unregistered then there is a risk the seller's do not own it so you need to rely on your solicitor here. If it's wholly within the registered title being sold then that may make the risk very small but it still exists
Comment by A Jones posted on
The landlord (housing association) of the property next door to me replaced the old chain-link fence with a close-boarded fence, they left the original concrete strainer posts in place and attached some 3x2 timber to the side of them for the cross rails to be attached to. The new fence encroaches my garden by 6 inches. (which is the added thickness of the wood and fence attached to the original posts) Is this unacceptable behaviour and should I contact them to rectify the problem? I understand that the posts should have been moved back so that the face of the fence is on the boundary.
Comment by AdamH posted on
A Jones - something to get legal advice on as we can't give you that I'm afraid. Such matters are often best resolved between neighbours but if unable to do so then it is the law you need to consider here
Comment by Dave posted on
A year ago I asked my neighbour to move a fence that he erected 700mm into my property when I was abroad. I have asked him a number of times to move it but he hasn't so I placed posts in my garden adjacent to the original line so every time he looks out of his upstairs window he is reminded of the original line. I think this and the ugly fence he erected has taken a toll on him and he has decided to move out having listed his property which is showing sold. I have before and after photographs of the fence and have been told by a solicitor that I have a very strong chance should I take the matter to court but equally it has been suggested to do that as a last resort. I believed that now that he is moving, or wanting to, it was a good opportunity to ask again which he again has ignored. My question is what are some things that my neighbour, the seller, will utterly detest so much that he moves the fence?
Comment by AdamH posted on
Dave - we can't help with such advice so you should rely on your solicitor for advice as to what options are available. If you are looking for wider comment then you could try online forums such as garden law where such matters are often discussed but do remember the boundary, neighbour, new neighbour and you are all unique so what applies in some cases may not do so for you
Comment by Lauren D posted on
We are currently looking to register/purchase land (prep agricultural land from my dad) which we have been able to get planning permission on. The boundaries for the planning permission included a piece of land in front of the house which we never planned on owning as my dad has trees etc on it that he wished to keep, we just included it in the plans to keep the lines tidy. We are now going through the solicitors for purchase and have a completed a TP1 which doesn’t include the land at the front (as we are not buying this) but has a slightly larger section on the back than that indicated originally on the planning bondaries as dad has agreed to increase the size of our back garden area (this is all garden area the building itself is all covered in both). The solicitors are saying that the TP1 should match the boundaries on the planning permission but we are not building on the part that is missing or the extra bit that we are including in our purchase?? Is this really a problem and should these documents match up entirely? As I previously said, neither area will have buildings on and dad/the seller has agreed to the TP1 boundary.. the solicitor has suggested we get the planning permission changed/re-submitted but we already have planning permission for the area on which we are building so it feels like it doesn’t make sense..
Many thanks
Comment by AdamH posted on
Lauren D - there is no link between registration and the planning process so I'd suggest clarifying with the solicitor as to why they feel the two plans should match one another.
Comment by LaurenD posted on
Thank you adam, this is what I thought! I’m not building on these plots so why would I need to get the planning permission amended/re-submitted to include/exclude these areas!
Thank you for your response!!
Comment by Michelle Nixon posted on
Hello
My neighbour has told me I cannot touch, paint or do anything with the fence which is on the left hand side of my property ,facing on from the front of the house. He has said its his fence and his boundary.
Because he is such a difficult person and a very nosy neighbour, I have decided to put a fence directly in front of this so that I can have my privacy and feel comfortable walking into my own back garden.
I also have a Conveyance which states in black and white, the 'T' mark inside my boundary on the left and all the other gardens in the same road also have the'T' mark of the left hand side, and clearly states I am responsible for the maintenance of this side.
How do I stand in relation to putting my own fence in front of (the fence he calls his). Am i breaking any rules or regulations , seems as the fence will be built on my boundary (land). My neighbour doesnt talk to me and I have no wish to talk to him.
Please advise if you can
Comment by AdamH posted on
Michelle - we can't advise you on how you stand if you erect a second fence on your land. It is legal advice you would need here. In my experience of dealing with enquiries re boundaries putting up a fence within a fence is a modern approach to such matters. By modern I mean that in the last 10/15 years it appears that is what some owners have done in similar cases. That is based solely on reading online forums such as Garden law or Money Saving Expert where it is often discussed.
The only note of warning I would add to it is that once erected a neighbour (current or new) may remove the other fence and deem the new one to be the boundary - does that create potential for a new issue perhaps?
Comment by Debbie posted on
Hi
My neighbour without my consent build a concrete block wall which he builded on a common boundary line(garden adjacent common garden wall).He said he will correct the wooden fence only on 1st place and as it was full of trees around we tried to clean also our side to help through this.But surprisingly he did not replace it with wooden fence.He started building a concrete wall up to 1m and 65cm.On the very first moment i told him i do not agree! I told him me and my boyfriend(who visits me occasionally), that this is not something i agree and it is not even on a straight line but on zig zag line,completely messy. He did not listen to me so every morning he was building it higher so i was coming back from work and it was higher and higher,i was complaining to him every day but he was not listening ,he was continuing his building work.I had to served him a notice by recorded special delivery to inform him in written that i do not consent this concrete wall from the beggining.Where should i complain further please?Somebody told me to inform the council, but i m just wondering if they can help me or i m going to waste time looking for help on a wrong direction.The house is under mortgage so i dont have the deeds and my solicitor never passed me any land registry documents.Please what should i do??
Comment by AdamH posted on
Debbie - it's legal advice you need here to understand what rights you, the neighbour, may have. The local authority can advise if he has broken any planning regulations for you. If you are looking for wider comment/advice then online forums such as Garden Law can be useful resources. But remember you, your neighbour and the boundary are all unique to your situation so specific legal advice is always recommended
Comment by Sally Smith posted on
We have what I believe to be a party fence wall between us and the neighbour( it sits on both of our driveways) which seperates our driveways, we are having an extension and garage built( previously there was a metal prefab garage) and we are having problems even though it was passed and all notices were were displayed. The neighbour says we can’t touch that wall at all not even on our side, even though the wall is in a state of disrepair. Is this correct ? He says we have to apply for planning permission to do anything and he will object anyway. Any advice would be appreciated.
Comment by AdamH posted on
Sally - not something we can advise you on I'm afraid. Whilst we can provide the registered details you may also need legal advice as well as an understanding of what has happened previously to resolve matters. Bear in mind that planning matters are not directly linked to the registered details so that would be something to check with your local authority to see what restrictions exist. Agreeing where the boundary lies and whose wall it is or otherwise is likely to be something only you and your neighbour can decide upon but if unable to do so then it's legal advice you'll need too
Comment by Ken posted on
We are currently in dispute with our management company, Tersons over whos responsibility it is for tree topping in our close. 24 owners pay £250 each year for the upkeep and maintenance of our close and all boundary walls. The site was a chalkpit and builders yard. The new site was developed back in 2000. All sides of the close have very high boundary walls except obviously the road entrance for access.
Bottom of all our gardens on our side is a retaining wall which was build by the builder in 2001 but wasnt on original title deeds, spanning all 6 houses. Original plan has all our land being right up to the steps to rear or our property as at the time there was no other wall there. The boundary wall at the steps is at least another 30 feet behind this retaining going up around 30 feet up to another level. The retaining wall was built to stop this bank from crumbling into the gardens. Now Tersons are saying that we as homeowners are responsible for the topping of the trees on this bank and not responsibility of the management company even though this has been done previously by the them.
I have just bought an updated ordnance survey plan and it now has the retaining wall on there but still has boundary back to the steps. My issue is as a retaining wall was built surely this is the boundary wall and should be decided by Tersons and local council whose responsibility it should be to maintain this land. Us, as owners cannot be expected to maintain land behind a 30ft retaining wall we cant get to ( 30ft depth of trees and foliage). Please advise as there's a lot of unhappy owners here right now.
Comment by AdamH posted on
Ken - I'm afraid there's nothing we can advice you on here other than to encourage discussion between the affected parties to find a solution. If you are looking for wider online comment/advice then online forums such as Garden Law can be useful resources. But it is crucial to understand that your properties and those involved are very unique to you so wider advice will often only assist in part
Comment by Alisdair Mann posted on
My property adjoins the local park which is on a separate level, part of my land along the adjoining wall is on one level and part is raised along the wall. If I am to remove the land (which is currently retaining the park), who is responsible for building and paying for the retaining wall which will need to be put in place? Myself or the local authority?
Comment by AdamH posted on
Alisdair - not something we can advise you on I'm afraid. Very much one to discuss with the the local authority or get legal advice on
Comment by David Durnford posted on
We own a large plot but our driveway crosses another's land. Our drive is a right of way across the land. Can we sell part of our land to a third party so that they also have a right of way along our driveway?
Comment by AdamH posted on
David - it's legal advice you need with regards how rights are granted and how they can attach to the land being transferred. From a purely registration perspective we will consider the registered rights and how they effect the transferred part, both beneficially and adversely, and will carry forward entries as appropriate. Our PG 62 section 10 offers some guidance on how such rights can be acquired https://www.gov.uk/government/publications/easements/practice-guide-62-easements#provisions-preventing-the-creation-or-passing-of-easements
Comment by kierenS posted on
Me and my partner purchased our house 2 years ago and most recently our neighbour has been granted planning permission to build 2 houses on their land. On reviewing their application and photos of our property back in 2014 the neighbour has since took down a hedge row and built a fence before we moved in. From the drawings and photos they look to have taken around 1 metre of land as they have erected the fence off our neighbours garage and upto a wall in our garden, in total your talking about 50ft in length so a significant amount of land. We spoke to the previous owners who advised he asked to build a fence and did and even though they noticed he took land they were too scared to approach with the neighbour as their both retired and didn't want the hassle. I want to apply for planning permission myself and erect a workshop which will mean taking down part of this fence and reclaiming my land. what is the best way to attempt to prove the land is mine and successfully erect the building I want
Comment by AdamH posted on
KierenS - we can't advise you on such matters I'm afraid and it's really legal advice you need here as to what your rights are and indeed those of your neighbour. The registered details and your own knowledge can assist with trying to identify the position of the legal boundary but as the article explains your neighbour should also be involved.
Comment by Clare posted on
Hi, We are looking at buying a house, and we are told that the boundary of the property is about 10ft longer than the back fence. Apparently it shows it on the deeds. However how to you match up the paper deeds and where it actually is on the land? Currently behind are a load of brambles and waste land so there is no way of seeing where a potential boundary might be. Thanks.
Comment by AdamH posted on
Clare - most plans are to a scale which enables you to get a reasonable idea of where the boundary line is. The key then is identifying the neighbour and agreeing where the exact legal boundary lies. Have a read of the article and our PG 40 supplements for details re what we can provide. But it really comes down to you and your neighbour(s) as to what lies where if in any doubt https://www.gov.uk/topic/land-registration/practice-guides
Comment by clare posted on
Thanks for your response. Very helpful
Comment by Terry posted on
We bought a house on a plot of land which was sold as two lots. The boundary is marked and shows that the owners of the other plot are responsible for erecting a fence ( this was originally stated in the sale as within 28 days of purchase) as we were unsighted to the fact that the other plot had been sold we were unable to enforce this and to be reasonable when we did find out we said that we weren't in an immediate rush. The owners applied and were granted planning permission for refurbishing the property on their side and in the plans it says they are putting up a stonework wall. Over the last 6 months I have tried numerous times to push the issue only to be given excuses when asking for it to be carried out as we have no separation between the two properties. The other owners recently said they would like to put a breeze block wall up but would not do any finishing to my side as what it looks like on my side is my issue not theirs. My question is: how long have they got to build a boundary partition? Or can they just leave it with nothing there? If they don't build a stonework wall as described in their plans are they in breech of planning permission ?
Thank you
Comment by AdamH posted on
Terry - veyr much something to get legal advice upon. We can't answer any of the Qs you have posed. If you are looking for wider comment online then you can try public forums such as Garden Law where users often discuss and share views re such matters
Comment by Celine posted on
Hi
I wonder if you can point me in the right direction.
3 years ago we were looking to repair the fences to our garden (we have 3 fences, 1.back split across two neighbours and 2. left and 3. right). As it would happen every neighbour said the fences were ours and therefore we should pay for any new fence work. So we decided we would do them all for consistency. The current issue relates to one of the fence panels at the back which is in one of the neighbours who shares the back fence with another neighbour.
Before we started the work I popped over to the neighbours in question and were invited in, told it’s our fence and that we could do whatever we wanted, they were very friendly and I didn’t see any issues.
The day the new fence went up the fencers explained to my fiancé how the neighbours had got very aggressive shouting and threatening them. The neighbour said they had taken his fence and concrete posts. They told him they had disposed of it which he told them they were lying as they had sold it and that it was his money and fence.
They came around later to ask for their fence back or compensation, which I said they had said it was our fence and to do whatever we needed, it was old and was binned.
They also said that the new fence is not the same size as the old fence (a bit taller) and they wanted us to take it down and put the old one back.
We arranged to get the fencers back later to discuss their concerns and what could be done. But after repeated calls to confirm the day to discuss with no response, on the morning of the day we were meant to go around we received a voicemail telling us that today was not convenient and they will be in touch.
That was the last we heard of it until 3 years later (now) when we’ve received a letter saying we have stolen several inches of their land, which we haven’t as the fence runs across another neighbours land at the back with no issue or movement and connects to the neighbours either side (no movement). Asking us to “restore the fence to its original size and positioning”.
We’ve since found out that the previous owners of our house had repeated issues with the same neighbours about the fence.
Are you able to advise me on the following:
- 3 years later, is this still even valid?
- The size and the fence is a new fence and size, not the same as the original but they told us it was ours and had no preference at the time.
- We have not taken any land of theirs yet they say several inches. Do we need to do anything legally?
We’ve checked the deeds and there’s no mention of who owns the fence.
Thank you in advance and I really appreciate your support.
Comment by AdamH posted on
Celine - I'm afraid we can't advise you on any of the points or Qs raised. Very much something to get legal advice upon. If you are looking for wider comment/advice then online public forums such as Garden Law or Money Saving Expert can be useful resources for opinions of others who may have experienced similar issues themselves
Comment by Celine posted on
Thank you Adam for your input. I appreciate your time and pointers. Many thanks
Comment by Kevin Campbell posted on
Hi a quick query we have recently moved into a new property where the land was split in 2005 forming a commercial property and my own residential property with a trackway running between the two properties directly behind the commercial buildings but recorded as on my neighbours land. My land shows it starts directly the other side of the trackway and shows the bounderys clearly on the registry. There is currently and never has been a physical boundery in place. we are now looking at putting a fence up as we have dogs but have found the neighbour has encroached on 30 feet of our land with building materials at the top. The buildings on the commercial land measure accurately against the land registry plan when converted to scale so we know the boundary was calculated using these original buildings. We have measured all buildings and both outer bounderys into the adjoining one, do I have the right to put the fence up on my side of the legal boundary.
Comment by AdamH posted on
Kevin - we can't advise you on the law so very much something to seek legal advice on. Putting a fence up on your own land and within the agreed legal boundary is something I have seen referred to online in public forums. As it's your land I suspect there are no issues re your right to erect it but you should consider what impact that may have going forward re the legal boundary. For a example a future owner of the neighbouring land may assume the fence is the legal boundary. So something to also discuss with your legal advisor to discuss options and what formal agreements might be made with your current neighbour
Comment by Mark posted on
Hi,
I purchased a house in a new development 2 years ago and one of the reasons being was that the back garden was a good size. I have received a solicitors letter saying that the back garden has encroached another portfolio and my boundary fence need a to be moved which will make my garden smaller. Have I any rights?
Comment by AdamH posted on
Mark - not something we can advise you on as it is legal advice you need. I'd recommend speaking to a legal advisor as a result to understand the legal position and what rights you may have. If you are looking for wider online comment then public forums such as Garden law often discuss such matters and can be useful resources but it is legal advice on your specific circumstances you really need here
Comment by Kevin posted on
Thank you for your response we have tried with to talk with the business owner but he is unwilling to cooperate as he claims the boundery so are wrong on the plan and even though we both have identical plans he's claiming I am in the wrong and the 30 ft of land he's dumped on belongs to him even though it clearly shows the land to the right of the shared drive belongs to us. I have ordered the title plan and info from lr to see if there where any measurements used either from the buildings or track way as it was only split in 2005 when he bought the property from the previous owner I am hoping there might be something used to determine the boundery
Comment by Sheila Bradford posted on
I have a very small piece of land to my boundary (a dog leg at the back of the garage). Instead of the boundary continuing along the garage wall, it steps into my neighbour's garden. This is clearly visible on the deeds. This year I wished to replace the boundary fence as it was wobbly. My neighbour, did not want it removed as she had plants on it, so I agreed to put the new fence in line with the garage wall and I have agreed to give her the piece of land with the original fence. I know I have to complete TP1 and AP1 forms but have got confused. Who fills in which and and which comes first. I have looked at the guidance but am still confused. Do I fill in the TP1 to arrange the transfer and then my neighbour submit an AP1 with the relevant fee?
Comment by AdamH posted on
Sheila - who fills in which does not really matter although in most cases it would be the person gaining the land who completes AP1 and submits it along with the TP1 and any other supporting documents. The form AP1 is the application form and is always needed. The TP1 is the legal deed transferring the ownership of the land.
Comment by Robin posted on
Hi, The Title Deeds for us and our neighbour shows a straight boundry line that runs down the middle, clearyl parallel to our houses - actually I would say slightly closer to their house than our's. But the point is a straight line, parallel to the walls of our houses. However the fence is clearly not straight as there is a step in it where our side gates are. From the road, the fence runs in a straight line (parrallel to the sides of the houses), until it reaches the side gate, where it then steps about 2 feet towards our house and then carries on between our houses to the back garden. This 2 foot step is not in the Title Deeds, and I suspect the fence was there before the neighbours moved in (about 10 years ago), well before us. The neighbours cannot see the fence as it is behind hedges. Is there some law to say that because it has been like that for so long that it is now the boundary? (If so, that is unfair as the Title Deed shows otherwise.) Can we force the neighbour to move the fence, and how to decide where it should go exactly?
Comment by AdamH posted on
Robin - very much something to get legal advice upon as we can't advise you on the law or what rights you each may have. Of you are looking for wider comment/advice then online forums such as Garden Law can be useful resources but remember you, your neighbour and the boundary are unique so specific legal advice is always the better option
Comment by Tamara posted on
Hi,
I'm new in this matter as I bought my house only 2 years ago. Now I would like to make some improvements but don't know which fence is mine and which is not, as from deed and plan I'm responsible for south, north and west, I cannot determine exactly. Unfortunately my neighbours don't know to say "hello" so have nobody to talk with. Where can I get some help?
Thank you
Comment by AdamH posted on
Tamara - very much a matter to discuss with your neighbours as appropriate. If you want help understanding the registered details and more then a chartered surveyor (ROCS) can assist or legal advice from a conveyancer. Wider comment/advice can be resourced from public forums such as Garden law which may shed some wider light on what needs to be considered
Comment by Vicky posted on
Hi not sure if you can help but our adjoining neighbours started to build a second storey extension in April this year, and in May we advised that we found the guttering and some of the roof tiles are over the boundary line and explained that this needed to be sorted as we were selling the property and needed something in place to protect the new buyers as if they chose to build an extension it wouldn't be possible due to the guttering and roof tiles being in the way. In May they agreed they would get the party wall surveyor to get a written agreement drawn up - a draft was provided but upon checking this with a solicitor it wasn't enough to protect the owners of our property. Since then our neighbours and the party wall surveyor have done nothing and our house sale has fallen through due to this dispute. What can be done about this?
Comment by ianflowers posted on
Hi, I am sorry to hear of the difficulties you have experienced. This appears to relate to reported encroachment onto your land and is probably something you will need to get independent legal advice on I'm afraid. We can supply the registered details but you really need advice on the legal position. If you are looking for wider advice/assistance then online forums such as Garden Law can be useful resources for insight into how such matters may be viewed legally. However, as mentioned, it is probably legal advice you need as to your particular set of circumstances.
Comment by Lisa posted on
Hi hoping someone can help with my question! I am currently selling my house the back garden of our property used to be the front of the house and there was an walk way running through for access! The council got rid of this walkway and extended each gargen on either side and made what was the back of the house originally the front (hope you’re following) so on the title deeds of the house this change is not shown and still looks like a walkway the new buyers are now asking for this to be ammended before they will proceed! So my question is will there be a cost for this and will this take a long time? We are already 8 weeks in and getting fed up any help would be appreciated
Comment by ianflowers posted on
Hi Lisa. This is not something we can really answer in general terms as it very much depends on the circumstances of the individual case. Something to bear in mind is that we register the extent of the land itself rather than the buildings / accessways on the land. Rights that have been previously granted for others over the land may also come into play. If you have a solicitor acting for you then they are in the best position to advise on this. If an application is pending with us then the solicitors acting can request that the case be expedited / prioritised citing your dependent transaction.
Comment by Martin posted on
I have two houses and I want to sell one but keep some of my garden ? I have tried to register it but I have bene told that I cant register the land as I already own it any help ?
Comment by ianflowers posted on
Martin - If the property is registered with us the usual process would be to transfer the part of the land you want to sell and retain the garden using a TP1 form - https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property. If you are unsure how to proceed, we would suggest you consider seeking independent legal advice.
Comment by Mandy Williams posted on
Hi. We are in the process of selling our house and our buyers solicitor has flagged up that the fence that separates our garden from next door does not lie exactly on the land registry boundary. Turns out that we have a small strip of next doors garden. Now this issue was never brought up when we purchased the house some 12 years ago and our neighbors never had it flagged up when they bought either. Our neighbour is happy for the fence to stay in its current position. It’s the original fence that was put in when the property was converted from a barn more than 30 years ago. Our solicitor has argued with our buyers solicitor that the LR boundary is not the legal boundary and that there is some tolerance allowance and the actual fence position is well within this tolerance. Our solicitors are playing complete ping pong and we just really want to know how best to resolve this! It’s been dragging on for over 2 months now, is extremely stressful and is having an effect on my health. We can amend the LR but what does this entail and how long will it take? Please please can someone give me some useful advice before I lose my mind. Thanks
Comment by ianflowers posted on
Mandy - You've referred to the main aspect, namely our title plans show the general boundaries and do not define the precise position of the legal boundary. Also that there are often differences between what is shown in the deeds and the position of the boundary structure on the ground. It is really for those acting for the parties themselves to try and resolve, considering all the issues.
There are options such as drawing up a boundary agreement with your neighbor. Please see our general guidance - https://www.gov.uk/your-property-boundaries . But we cannot comment on whether these will assist in your case and this is very much something to discuss further with your solicitor.
Comment by Dot posted on
Can anyone advise please? I am considering buying a property which has an unusual layout. The back garden can only be reached by going through the front door and down tight spiral stairs (it's an upside down house, enter into kitchen / sitting room, downstairs for bedrooms and garden); not great for my dog. The land either side of the house is owned by a neighbour. On one side, there might be room for me to squeeze in a thin path against the side wall (it's currently covered in undergrowth) just so I can get to the front door that way with the dog rather than carry him upstairs every time. Title plans aren't accurate enough to show precise border, so how could my neighbour stop me creating a very narrow path against my wall if there's nothing to show a border with more accuracy than title plans?
Comment by ianflowers posted on
Dot - As you've mentioned our title plans only show general boundaries and we wouldn't be able to advise regarding the suggested action to be taken on the ground. This forum tends to mainly be for replies from HM Land Registry, so you might want to try other user forums, e.g. Garden Law. You might also want to consider taking independent advice, for example from Citizen's Advice, or from a solicitor such as a conveyancer.
Comment by Helen posted on
Hello. Next to my front garden there are 5 allocated parking spaces. My allocated parking space is at the end of the row which is next to my garden. I would like to incorporate this parking space into my garden by digging it up and grassing it to blend in with the rest of the garden. Am I allowed to do this? To add a slight complication, there is an access path around it (between the parking space and the garden) so to successfully incorporate it into the garden I'd like to move the access path it to the other side. Am I allowed to do this? I assume I'd simply have to submit revised (detailed) drawings to Land Registry. Can I do this myself or must I use a solicitor? Thank you for helping me.
Comment by ianflowers posted on
Helen - there is a lot to consider here in terms of the legal position, and the administrative aspect of any application to us update to the register is only a small part of this. This includes whether your property is leasehold or freehold, whether the allocated parking space is included in your title or perhaps on the basis of exclusive use and also whether others have rights of access over the land. If you're unsure how to proceed, you may want to consider getting legal advice, for example, from Citizen's Advice or from a conveyancer such as a solicitor.
Comment by Sam posted on
In the 1980's my dad sold some land to my neighbour. The neighbours put up a wall where their boundary was. Today they have decided that an 8ft squair behind their wall is theirs. We have used this since the 1980's without this ever being mentioned. As far as we were concerned, the wall was put up and this is our land. They can not access this land. We have looked in land registry and it does say its theirs, however our deeds say it is ours. Who would be correct?
Comment by ianflowers posted on
Sam - we only record the registration position and the general position of the boundary, so you may want to consider seeking independent legal advice on the options open to you or explore one of the resources mentioned in the blog. You may also by all means contact us - https://bit.ly/2F6AtxU will full details and then we can at least try to clarify the current registration position.
Comment by Jane jamieson posted on
Hi we bought our house in 1988 and the fence to our right at the back was always ours. Within the last 10 years we have new neighbours on both sides and we have resently replaced this fence. Our new neighbour think this is their fence, even though they watched us replace it as it's to their left. On the other side they think ours is also to our left. The orginal neighbours who had been their when we moved in knew it was theirs as thier row of terraced houses were built in the 1930's and ours and to the right in 1956. Surely this confirms the fence to our left was our neighbours as our property wasn't built then and they had to maintain it. I have paid to get the advised documents but there is nothing on there I can see which confirms either. Any advise would be welcomed. Thank's Jane
Comment by AdamH posted on
Jane - the registered details may reveal details re such matters but often they do not. And where they do it can be several decades old and may no longer be relevant as successive owners have done their own thing so to speak. If there is no formalised record of who is responsible for what then it is really a mater for neighbours to discuss and agree upon.
Comment by Kevin D posted on
In process of selling our house. There is a small area, 3ft by 4ft to the side of our garage behind which is next doors garden. We have lived here 12 years and our neighbor 11 years and it's always been like that. We are selling our house and due to exchange contracts any day now but the buyer has now claimed the fence should be moved back 4ft as the small area 3ft x 4ft belongs to my house. Title plan is unclear and neigbour and I are scratching our heads. Buyer (his wife is a conveyancing solicitor) has demanded I write to the neighbour telling her to immediately vacate the 'land' which I won't do as she's become a very good friend. She says she will dispute so we have a stand off. Can I now sell my home?
Would greatly appreciate any help
Comment by AdamH posted on
Kevin - we can't really offer any advice here, especially with regards whether you can sell or not. You should rely on your conveyancer for such advice.
Our PGs 4 and 5 explain the registration position where land is being claimed and how to then register such a claim. Whilst these will provide some understanding of the essentials involved it's your legal advice that really counts
https://www.gov.uk/topic/land-registration/practice-guides
Comment by Kevin D posted on
Thanks Adam.
Comment by javhd.com.au posted on
Nice Post. Thanks!
Comment by Lady P posted on
I live in a semi detached house, my adjoining neighbour has just built a front porch (I believe no planning permission was needed due to size) without advising me and to me it seems as though the porch roof tiles overhang on to my property. The council say they don't get involved if there is no planning permission breach. What are my next steps to resolve this?
Comment by AdamH posted on
Lady P - you'll need legal advice to ascertain what rights you have and what next steps might be available to you. We cannot advise you on such matters
Comment by Andrew Barry posted on
Andy - I live in a row of terraced houses. To the rear is a massive piece of land,approx 60 x 40 metres. This is overgrown (20ft shrubs) and never been looked at in the last 10 years. It is that densely packed that you cannot even squeeze through it. A local person bought all this land.
My question is does the owner have to cut this down and keep it reasonably maintained. I have now bought a dog as we are experiencing vermin getting into my garden, all our neighbours have complained but have done nothing about it.
Any information greatly appreciated.
Comment by AdamH posted on
Andrew - not something we can help you with I'm afraid and very much something to get legal advice upon. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Andrew Barry posted on
Many thanks Adam, I will look into other ways to resolve this.
Andy
Comment by Plummy posted on
A wall was built between our house and next door before we bought the house over 12 years ago. This wall goes a few feet over into what would have been our garden. How does this affect the part of our house that is on the other side of the wall? Is the outside of the house still ours?? Can the owners of next door put something on this section of the outside of our house? Am so confused!
Comment by AdamH posted on
Plummy - this isn't something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources as such matters are often aired and discussed but it's still legal advice we would recommend
Comment by Ihatezebras posted on
Help!
The local authority have put a zebra crossing in front of our house, put the poles in, and then realised that they don't have the legal width of pavement for wheelchairs etc. They could move the pole, which would solve the problem, but apparently, that is expensive, and they have therefore just realised that our hedge, which has been in the same position for years, is in fact overhanging the pavement by the exact number of centimetres that they need to widen the pavement by.
This house, and the neighbours, were in this road first, and our boundary protrudes a little, always has. Our neighbours hedge is slightly back from ours, but he has a grass strip in front of his house - the council guy said that was "obviously" because people could not walk on that part of the pavement and it had deteriorated. On the far side of our gate there is a strip of land that sticks out further which is also our garden, no hedge, just a bit that the council have not paved as there was a bit of fence there when we moved in - so the council obviously accepted the boundary line when the laid the pavement.
They are now going to serve us with a legal notice to cut our hedge back, as they are considering it to be encroaching on the highway - but what they actually mean is that we will have to dig out a 30cm wide strip of ancient hedge (you know the sort of thing, no two plants the same variety, tangled, ivy etc).
Surely claiming that our plants are rooted deep in the pavement is taking the mick?
Comment by ianflowers posted on
Ihatezebras - Sorry to hear of the difficulties you have experienced. We essentially have an administrative role in registering ownership and other interests in land based on application made to us, and as mentioned in the blog, we do not have any role in adjudicating on disputes of this nature. Also as mentioned in the blog, we register land with general boundaries which means that the precise position of the legal boundary line is left undefined.
You may want check forums such as https://www.gardenlaw.co.uk/ which may give you some information on the legal issues that come into play here. You may also want to consider seeking independent advice, for example, from Citizen's Advice or from legal professional such as a solicitor.
Comment by Roger Morgan posted on
I have just been informed that the fence at the front of my house between me and my neighbour should be one metre wider and my neighbours front garden is a metre too big. can someone advise
Comment by AdamH posted on
Roger - nothing we can advise you on other than the guidance provided in the blog article. As such check the registered details, share that and understanding with your neighbour and assess the validity of the information you have been given
Comment by Marie posted on
We live in a semi-detached and are both extending our properties including the party wall. Do we need to go through a solicitor to change the title deeds to reflect the new party wall and the larger size of each property? Or can we do this ourselves, if so how do we go about it?
Thank you.
Comment by AdamH posted on
Marie - if you are not altering the boundary/registered extent then we would not be involved re any changes to the building size/shape. You'll need to look for wider advice as to how to go about it and I would suggest online forums such as Garden law or Money Saving Expert where such matters can often be aired/discussed
Comment by Marie posted on
Thanks for your reply. The current boundary is at a very slight angle and to make the building work easier we will be building the new party wall straight out, so will be losing a couple of inches on our side. So I’m guessing we do need to change the deeds even though it’s such a small amount?
Thanks.
Comment by AdamH posted on
Marie - a few inches would not appear on a title plan or be part of the registration process itself. If however you and your neighbour want to formalise such a change and define the legal boundary itself to the exact inch then that is something you can apply to register. I would suggest you discuss with your neighbour, your mortgage lender(s) and seek legal advice
https://www.gov.uk/government/publications/boundary-agreements-and-determined-boundaries
Comment by Lynn Brophy posted on
My deeds have an S between the house and the land, what does this mean?
Comment by AdamH posted on
Lynn - an S is usually an Ordnance Survey area brace marking so used to link two parcels of land or properties together for one stated area size. It's not a HMLR marking
Comment by Lynn Brophy posted on
Thank you Adam, so the house and land are measured together as one parcel?
Comment by AdamH posted on
Lynn - OS will usually add an area figure and the brace relates to that
Comment by Lynn Brophy posted on
Hi Adam,
Please could you advise as to where I can find details/information regarding S brace markings please? I have tried searching on the ordnance survey websites and nothing shows up, also would this stand up in a court case?
Regards
Lynn Brophy
Comment by AdamH posted on
Lynn - try https://www.ordnancesurvey.co.uk/resources/historical-map-resources/field-parcel-numbers.html. And you'd need to get legal advice on what would or would not stand up in a court case
Comment by Chalise posted on
Hello,
Mine and my neighbours drive way are right next to eachother, they have recently (today) put up a fence directly half way with a gate. To use the gate this means they will have to step on and use our side of the drive way. I have checked our deeds and it says "remains the right to without or without vehicles to pass and repass over and along the driveway or parking spaces of the adjoining plot for the purposes of going to and from the property" so basically, they are allowed to do this? However if I chose to put up my own fence, therefore blocking them from using their gate, is this illegal? Any help much appreciated, they didnt even have the courtesy to speak about it with us first.
Comment by AdamH posted on
Chalise - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Chalise posted on
Hi Adam, okay thank you. I realised i have legal cover on my home insurance! so will start there i think. Thank you.
Comment by neil posted on
my neighbour fenced off his garden taking my fence down at the top of the garden he left 20 feet unfenced the only acsess is threw my garden I asked if he was putting the rest of the fence up after a while he said I could have it now he is thinking of selling and wants the land back after 12 years maintaining it where do I stand
Comment by AdamH posted on
Neil - you'll need legal advice as to where you now stand as the law around any claims/counter claims is a very complex one. Our PGs 4 and 5 offer guidance on the registration requirements and these will give you greater insight but it is very much legal advice you now need on the facts involved https://www.gov.uk/topic/land-registration/practice-guides
Comment by Monica W posted on
I purchased a semi detached property in June and have since has a 3 meter extension on the back.
Issue 1:
The builder has used the foundation line to build up as this would be within our boundary. The wall attached to my property to the neighbours is painted red on their side and the new extension wall does cross over it very slightly.
The neighbour is claiming we have crossed the boundary by 2 inchs due to this paint - we have informed him that in actual fact the paint on his wall doesn't determine boundary line but isn't entirely happy with this.
Issue 2:
We have a pitched roof on the extention and have had it tiled. We decided to put some plastic edging onto the side on the tiles to ensure it's water tight and aesthetically pleasing. There is an over-hang at the border which the builder has said is normal, the neighbour wants it removed so the tiled roof finishes exactly on the border...we are not claiming possession of wall, the permanent wall is within the boundary but the edges slightly over.
Issue 3:
We have a joint chimney being a semi detached, the previous owners have capped our side but the neighbours haven't. I don't believe they use the chimney for a coal fire. Because the chimney has joint chambers we are now getting rain water into ours which is causing damp on our ceiling as the chimney has been removed in our property. We've had a roofing specialist our who said the problem is being caused by our neighbours side of the chimney.
Comment by AdamH posted on
Monica - I'm afraid none of these are issues we can advise you on and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Nic Wells posted on
Hi,
We have bought a property which was originally an old barn within the listed curtilage of a large house. The barn was converted into a detached house 16 years ago. As part of the purchase we obtained land registry separation of the garden into two, half for our property and half for the large house. The question is, is the new central registered boundary a boundary in listed building terms so that we can put up a fence along it, or not? thanks
Comment by AdamH posted on
Nic - we don't register listed buildings as such or the terms associated therewith. You'll need to contact or query with Historic England I assume
Comment by Nic Wells posted on
I'm referring to a Land Registry TP1 transfer of part of the title from the previous owner to ourselves, which is in place effective April 2017.
thanks
Comment by AdamH posted on
Nic - understood but your Q was 'is the new central registered boundary a boundary in listed building terms so that we can put up a fence along it, or not?' and the answer is No as we don't record/register the listed building details for example. The boundary we register is the general boundary as described in the blog article. If you want to check what the 2017 Transfer stated and what details the plan included you can apply for a copy by post
https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
Comment by Nic Wells posted on
OK thanks for your help
Comment by Chris P posted on
Hi - we have a boundary wall dividing our property from neighbours which shows T marker inward facing (our side) and the wall is built on our property (comes out from our house wall onto our drive before turning 90 degrees down the drive which separates us from neighbours pathway. The deeds have a separate entry 'maintain, replace and repair' for this wall - all other boundaries give the T markers and 'maintain replace, repair to the neighbours. We therefore claim that all boundaries belong to neighbours apart from the drive wall. Neighbours claim this drive wall is a 'party wall' - nothing in deeds say 'party'. Please help?
Comment by AdamH posted on
Chris P - the only help we can provide is the information you have already obtained. If you are unable to resolve the matter as neighbours then it is legal advice you require. There is no enforcement agency or help service re such matters so if you are in dispute then it would be a court that would act as sole arbiter.
If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend as you, your neighbour and boundary are unique to you.
Comment by Keech posted on
We’ve lived in our house since it was built in 2000. We are at the end of a cul-de-sac and we have a garage and 4 parking spaces outside at the front. A new neighbour has moved in and (before even introducing himself) told us we couldn’t park there because it was communal land and his wife needs it left empty to turn into when parking. The previous neighbours had never complained. We only have 4 cars there when the whole family are home, so never during the day and occasionally at night. Our land registry red boundary shows clearly that the whole drive is within our boundary and it doesn’t block anyone else. We have spoken to him and agreed to try and keep at least 1 space clear, parking out on the road if there is room, but he is still being quite aggressive and threatening court action. How can we settle it do you think?
Comment by AdamH posted on
Keech - to understand what you own and what rights you/your neighbours have re parking etc you would need to check the registered details and then share these and your mutual understanding as appropriate. If he is threatening legal action I would suggest getting your own legal advice. If you are looking for wider comment/advise then online forums such as Garden Law can be useful resources but legal advice is always recommended
Comment by Andrea posted on
We have a piece of land next to our old property which we sold , the person that bought the property has taken our wall down through our boundary line so he can get his site line out of his drive and also came into our field to chop our tree down so his vision is better what are our rights. I haven't the money to seek legal advice
Comment by AdamH posted on
Andrea - I'm afraid we can't advise you on your legal rights and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources. But it's still legal advice we would recommend and you could try your local CAB to see if they can refer you to a fixed rate legal adviser
Comment by Ash posted on
I live in a property which had land on the side and I built a double storey side extension which has been cleared as a separate building, so the house I live in is 37 and the side extension is 37a. 37a has its own meter and the tenants pay their own council tax so its registered as a separate property.
I have a 150k mortgage on 37 and I have applied to remortgage so the mortgage is moved onto 37a so the property I'm living in becomes mortgage free and the 150k mortgage then sits on 37a. This has been a fairly simple procedure and currently I'm at 80% completion. However, I've hit a problem.
The title deed for 37 covers both properties, the boundary on the title deed covers 37 and 37a therefore I don't have an separate deed for 37a and as a consequence the mortgage can't go ahead.
I just wanted some advice on how easy it is, the cost and where I can get separate title deeds made up for both properties.
Comment by AdamH posted on
Ash - we won't normally split a registered but can consider it if there is for example a mortgage offer dependent on the split. You can apply for it to be split but completing form AP1 and submitting it with evidence of the mortgage requirement re the split, a £40 registration fee and a suitable plan to define the split
https://www.gov.uk/government/publications/change-the-register-ap1
https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications - see section 5 and plans used in a Transfer of Part to understand what sort of plan we will require
Comment by Lyndsey posted on
Our neighbors had an extension built back in 2014 and it encroached into our garden by around 2 foot, we agreed it was not an issue, they have now sold the property and their is an issue with the land registry, their solicitors are asking us to sign a form to the land registry agreeing the new boundary, which we have done. The solicitors are now asking us for ID and to sign a consent form for them to speak with our mortgage lender?, we do not want to give them this information, do we have to by law? can this not registered at the land registry without us informing our mortgage lender?
Comment by ianflowers posted on
Lyndsey - We generally wouldn't be able to comment in any detail until the application is made to us, but your title register may contain entries which limit the power of the registered owner to make certain changes without the consent of the lender. The terms of the mortgage document itself may also need to be considered.
As to the consent form to speak with the lender, that does not appear to be something that will directly involve us. If you're still unsure, you may want to consider seeking independent advice, for example, from Citizen's Advice or from a conveyancer, such as a solicitor.
Comment by Allan posted on
We moved into our new house in June of this year. Our house is a detached house and is the end plot of the development. On the side of our house where there are no other neighbours, there is a patch of grass (10m x 14m roughly ) our livingroom and kitchen windows look out into this area. When we moved into the house we were told the grass would be maintained by a factor who would undertake the grass cutting. Since we moved into the house in June (7 months ago) the grass has only ever been cut once! It is a blind spot within the development and at its worst (in August) the grass was almost a foot high! When the grass is short the spot becomes a 'hiding area' for kids to congregate - looking into our living room and kitchen....which isn't ideal!
Where would we stand at requesting to take a fence line off of the side of our house (2-3m) into this grass area and then tie it back into our rear boundary fence? This would give us some privacy and allow us to keep on top of the grass cutting to stop stains appearing on the side of our new property. Can anyone advise the process of gaining approval to do this?
Comment by AdamH posted on
Allan - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by S posted on
Hi
My parents bought the house in 2007 and had seen on the LR map and office copies that the fence has been built approx. 5 metres into their property, cutting off a strip of land from he back of the garden all the way down to the drive and leaving it over on the neighbour's side.
The previous owner of the neighbouring property had built a wide fence door with a thin brick wall making the land look like his and the new owner (who has been living there for approx. 1 year) is now tarmacking his driveway and the strip of land that belongs to my parents.
They are not on good terms, but now my parents are concerned that the neighbour will adversely possess the house - my parents had intentions of saving up money first and then hiring the right people for legal advisors, surveyors and then people to move the concrete fence over in the right place.
The LR map search and other maps show that the red line outlining my parents property goes beyond the physical boundary (grey line/ fence).
What should be done now that he neighbour is not willing to listen and is tarmacking his drive and our slither of land?
Many thanks
Comment by AdamH posted on
S - very much something to get legal advice upon as to what your rights are as we cannot advise you on those or how the law would treat either you or the neighbour in such cases. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Gary posted on
Hi. I am buying an old property (mid 19th century) and the boundary line on one side of the rear garden on the official land registry map does not correlate with the physical boundary (on the map it is straight and on the ground it is a dog leg). The land registry map is very old and is hand drawn. When this map was done, there were open fields on the other side of this boundary. Now there are three new adjacent properties (circa 2002) whose rear gardens form this boundary. I have downloaded the land registry map for the adjoining property at the dog leg and this map agrees with the physical boundary. Therefore the land registry map for the property I am buying is in conflict with land registry map for the newer property. The current owners of the property I am buying bought it in 2003, after the new properties were erected and report that when they bought the property, the physical boundary was where it is now and has not moved.
I have no wish to move any physical boundary or enter into any dispute.
I would simply like to know if there is a straightforward way of correcting the land registry boundary map of the property I am buying to accord with both the land registry maps for the adjacent properties, and the physical boundary (in order to minimise the possibility of future dispute).
Thank you.
Comment by AdamH posted on
Gary - based on what you have posted there is I assume an area of land not included in either title. You should check and confirm that first. Normally such matters are raised with the seller to resolve for you. What happens next all depends on the circumstances re this additional land, is it registered or not, and/or what evidence the seller has re the title having been registered in the wrong place. They bought in 2003 but the registration took place several years previously so why did they not raise the issue when they bought? Or did they?
So next steps are to confirm if the extra land is register or not and then decide whether they approach us to query the original registration or whether they claim the additional land - your conveyancer should be able to explain further and assist you with deciding next steps with the seller
Comment by Peter posted on
Hi
Is the red line denoting the boundary on the Land registry actually part of the boundary or is the boundary the area within it?
thanks
Comment by ianflowers posted on
Peter - Hi. On most title plans, the red edging denoting the general boundary follows the inside of the line of the physical boundaries or the plotted lines of undefined boundaries surrounding the property. But, as you may have noted from the blog, the legal boundary line is left undefined and this means that title plans are not conclusive as to the precise boundary and cannot therefore be relied upon as giving anything other than a general indication of the extent of ownership.
Comment by Dale posted on
My neighbour and I have bought separate land with adjoining boundaries, both from a single seller. The same maps have been used independently with both our solicitors. Both of us have agreed and proceeded with sales. The boundary line that is shown on the map runs in a straight line dividing the properties equally. However, my neighbour says, he was told by the seller that the line ran into my property at an angle and not straight. Subsequently he would have more land in this case. The seller told me this is noncence and the line is straight down the middle. Is there a 3rd party who can come in and determine exactly from the maps where the boundary is. Maybe by using the latest survey technology? What stands up legally, a gentleman’s agreement or what’s exactly shown on the maps? Both lands have not been finalised with land registry yet, because my neighbour gets his registered first. Then I get what’s left over. As it was once a single portfolio.
Comment by ianflowers posted on
Dale - in answer to your question, there are ways of determining the boundary more precisely, but these can be expensive and invariably require the agreement of adjoining owner. Please see our general information on GOV.UK under the heading 'Recording the boundary more precisely' - https://www.gov.uk/your-property-boundaries . Also, the blog refers to the RICS helpline which may be of assistance here and any of the parties involved can of course arrange for a independent surveyor to visit, but again, the action to be taken following this will be dependent on the agreement of all the parties involved.
Your solicitor acting in the sale is best placed to advise you on what you have bought and the general position of the boundary will be shown on the transfer document which is the formal record of the transaction. Subject to the general boundary rule, the registration will be based on the plan in that document and the order of registration wouldn't normally affect this.
Comment by Alex posted on
Hi. My property and my neighbour's property were both unregistered land until the neighbour purchased in 2017 and then I purchased in 2018. When the neighbour registered their land they 'accidently' included part of the front garden of my property, which I was subsequently unable to register myself. Both property's Deeds show the correct boundary and we are both in agreement as to where to correct boundary should be, but are unsure how we rectify this. Do we complete Form TP1? And will this then show the area of garden in question as joined to my existing title (i.e. all within a single red line) or will it become a separate title? Thanks.
Comment by AdamH posted on
Alex - form TP1 can be used to tranfer the legal ownership of part of your neighbour's title to you. The land would be given it's own title but you can also ask for it to be amalgamated with the existing title on application
Comment by Sally posted on
My new neighbour has converted the double garage into a dwelling and the house into bedsits. The old Nieghbour had access to the garage over my property as it was a family home. As this is no longer the case am I entitled to put my boundary wall up which will still allow side access by foot but not for cars. As yet the new owners have not informed the council or obtained permission for the changes as I contacted the building regulations department they have also dug up the mono block drive without informing me and asking permission to do so causing damage to the drain cover and brick work to lay water pipes to the new dwelling
Comment by AdamH posted on
Sally - this is not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Sally posted on
Ok Thank you for the advice.
Comment by Vinod Varsani posted on
Hi,
I lived in a semi-detached property where the fence in the between the two houses belongs to my neighbor. Due to small trees and other plants against the fence over the years, the fence is leaning into my garden and has also pushed the boundary into my property. Multiple requests have been made to the neighbor to repair the fence and I have even offered to pay for the fencing to be replaced as I'll be carrying out some house refurbs in the near future but they are insisting that they will repair it.
Is there anything I can do regarding them encroaching onto my garden?
Comment by AdamH posted on
Vinod - that's not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Jane D posted on
Hello. Our neighbours have put up a wall linked to a new development. We had mutually agreed the boundary line. The wall (of breeze blocks) has now been built and is almost entirely on our side of the boundary line. He has accepted that the wall is in the wrong place but is now measuring the boundary as the centre line. Our view us that the wall should abut our property, not encroach. The current position of the new wall means that we've lost 15-20 square feet of our garden. The issue I'm seeking advice on is whether he is in his rights to take the boundary line as the centre of his wall, or whether the wall should all be within his property. This was not discussed and he just went ahead and built it. Many thanks.
Comment by AdamH posted on
Jane - it's not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Paul Robinson posted on
I own a terraced property, the chimney that services our house is on my neighbours roof, he now believes that damp on one of his walls is being caused by the chimney, who is responsible for the repair?
Comment by AdamH posted on
Paul - not something we can help you with I'm afraid and we would always recommend seeking legal advice. If you are looking for wider online comment/advice then online forums such as Money Saving Expert can be useful discussion boards re such matters
Comment by Pauline Jattman posted on
Hi,
We have a hedge running between ours and neighbours property, it was very untidy so we have decided to have a boundary wall in its place to make certain our land vs theirs. The bush was pretty thick and our neighbour is saying that the boundary is more to our side. We have our house wall partially in a straight line for 10 metres on the boundary and the front 15 metres or so is bush, are we right to stretch an imaginary line from that wall as it stands or at 90 degree angle to the road from the start of the wall? The title plans show a straight line but not wether on the wall or just off it.
Appreciate the replies x
Comment by AdamH posted on
Pauline - something only you and your neighbour will be able to agree upon so best to discuss and then agree best way forward. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but remember the boundary, you and your neighbour are unique so what works for others may not work for you.
Comment by Rachel C posted on
I have a very unique situation, in that I live in a cup-de-sac serving 9 houses. It forms more of a square than a circle, and I live in the corner of the cup-de-sac. The front of my house looks onto the side of my neighbour's house. Part of my driveway is adopted: it is a single lane no through road that serves only to gain access to my house. That is until recently, my neighbour took down fencing and put up a gate (that opens outward onto the road) and now accesses the road, which is a crappy thing to do. Plus they are trespassing over a strip of land to gain access to their new gate. They believe the fencing between our houses is not a boundary, and that it is entirely on their land. They say we own to the curb of the road, and that the foot or so of land running along the road is theirs. It would be strange for someone to have to maintain land (which they do not) running behind a 2 m high fence. But also, if they owned the land to the curb, would their boundary line not be in the middle of the road. It is not, the road is entirely within our boundary. The cup-de-sac was a MoD property and was sold off and broken up into private homes in 2002. I went to the council archive and saw the proposal of party-line fencing to enclose back gardens approved, thus making the fencing a boundary fence. The proposal had a map for the fencing and the map follows the exact same boundary as my title deeds. Is this enough evidence to prove to the council that the fence is indeed the boundary? There are two other roads (driveways) off the on the cul-de-sac with shared access of the road that have boundary lines in the middle of the road. The houses in the corners of the cup-de-sac that make a 90 degree angle with another house (a house front overlooking a house side) also are the only other fencing that is not marked with a "T" like the fence I have running along the road. Would this not be significantly consistent to mark that these unmarked fences are shared? Thank you for your time for reading this long question filled with other questions.
Comment by AdamH posted on
Rachel - this is not something we can advise you on I'm afraid and it is very much legal advice you need re what rights you may each have for example. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend especially if you are in dispute with the neighbour over this
Comment by eashaavaasthu posted on
great post thanks for sharing
Comment by Maggie Sowa posted on
I bought the house year and a half ago with the part of neighbor she’d being on our land.
Since then neighbor passed away and house has new owners. Can I ask them to move the shed back to theirs boundaries?
Thanks for all anwsers
Comment by AdamH posted on
Maggie - very much something to get legal advice upon to understand what rights you, and they, may have here. If you are looking for wider comments/advice then online forums such as Garden Law can be useful resources but we would always recommend legal advice
Comment by Steve Abbott posted on
Hi Adam
At the bottom of our rear garden is a boundary of brick pillars with fencing panels in between. The pillars were built by the developers in the 90s.
The previous owner of the house behind us changed the fence panels without our knowledge. These are only about 5ft tall and don't give much privacy or security as our garden backs onto the drive of the other house.
When the new owners moved in I asked then if I could erect some trellis and screening to my side of the fence panels. They agreed to this but are now asking me to take it down. The trellis and screening is still in good repair.
As the brick pillars were built by the developers am I able to take the trellis off the fence panels and fix it to the brick pillars without any repercussions?
Also are the neighbours able to take down the trellis off the fence panels without my approval?
Many thanks
Steve
Comment by AdamH posted on
Steve - I'm afraid we can't advise you on this as in my experience this is something only you and your neighbour can agree upon so best to discuss and agree a way forward. If you are looking for wider comment/advice then online forums such as Garden Law can be useful resources but remember you, your neighbour and your boundary are all unique so what works for some may not work for you
Comment by David Villiger posted on
Why has this issue boundary lines not been sorted.
It can tear peoples lives apart.
As property prices are so high this show be sorted.
Every sale of a house should have a clear boundary within a tolerance of 100mm and the responsibility of such boundaries.
You don't do much to help people, this would be a good start for everyone.
Comment by AdamH posted on
David - we do appreciate that boundaries can be significant issues for landowners but it is important to recognise that the history of land ownership , how legislation has dealt with such matters over the centuries, and how ownership was defined on paper/plans has impacted. Such ownership, legislation and mapping/measurement techniques are much much older than the legislation put in place to create land registration and as such the registration has registered the general boundaries only for the vast majority of registered titles.
As the article explains landowners can now, if they wish to and agree, define the exact legal boundary and formalise it so that 'help' does exist if people wish to use it.
Comment by dave vogwill posted on
HI THERE.. WE LIVE IN A HOUSE WHERE A FRONT PATHWAY RUNS RIGHT THROUGH OUR FRONT GARDEN TO NEXT DOORS PATH UP TO BOTH OURS AND HIS FRONT DOOR.IT IS A RIGHT OF ACCESS PATH,DOES THIS MEAN HE CAN WALK UP AND DOWN IT ANY TIME HE CHOOSES.
HE BOUGHT HALF THE PATH FROM THE HOUSING ASSOCIATION WHEN HE DID THE RIGHT TO BUY.HE NOW THINKS HE CAN USE THE PATH BECAUSE HE BOUGHT HALF. HIS GRANDKIDS RIDE UP AND DOWN IT,HE TAKES THE BINS THROUGH EVERY WEEK,PARKS HIS MOTOR BIKE UP IN HIS PROPERTY THEN WALKS DOWN AND THROUGH OUR GARDEN.HE WONT LET ME PUT UP A GATE EVEN THOUGH WE HAVE 2 SMALL DOGS,HE EVEN TOLD US TO TAKE A NUMBER PLAQUE OF THE TOP GATE,BECAUSE IT LOOKED LIKE HE DIDN'T OWN HALF THE PATH.HOW DOSE THE RIGHT OF ACCESS LAW STAND WITH HIM BUYING HALF THE PATH.
THE LAW WAS THERE BEFORE HE BOUGHT IT. I THOUGHT THE RIGHT OF ACCESS WAS TO GET TO UTILITIES AND BUILDING WORKS ONLY.WHAT RIGHTS DO I HAVE.
Comment by AdamH posted on
Dave - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by DAVE posted on
OK THANX FOR THAT
Comment by dave posted on
HI. SO WHAT IS THE LAW ON A RIGHT OF ACCESS?
Comment by AdamH posted on
Dave - you'll need legal advice for an understanding of the law re rights of access or rights in general. Online forums such as Garden Law can also be useful resources if you are looking for wider comment/advice but if it's the law you are interested in then a legal adviser is your best bet
Comment by dave posted on
thanx for getting back.nothings strait forward anymore. cheers.
Comment by Rob posted on
Hi got an issue with a developer who is making our lives hell. We have a defined boundary on the TP1 and with LandRegister that shows the boundary is 10m away from the wall of his property - this fluctuates as the building is old and he is insisting that this should be a straight line as per the TP1. The boundary is his however, We have had to put in a stock fence as after 12 months he had put no fencing in ( we have a large dog) which measurement for the 10m was delegated to his contractors and agreed with our contractors. He is now insisting on taking our fence down (which we had to pay for) and we have said no - if he takes down then he has to put back up and at his cost. Where do we stand ?
Comment by AdamH posted on
Rob - it's legal advice you need here if you can't resolve it between yourselves. Online forums such as Garden law can be useful resources for wider comment and advice but you, your neighbour and the boundary are all unique to you so we always recommend seeking specific legal advice. As the article explains we can provide information re the general boundary and the TP1 detail but we can't advise you on the law
Comment by Rob posted on
Adam thank you for a prompt response. I thought this may be the case.....
Comment by Nik posted on
Hi,
I am planning to build an extension at the rear of my house, however it seems like the neighbour has already built an extension and the wall between his property and my property is crossing over to my land in the garden.
i have reached out to the council and they have stated as long as i have permission to build my 4meter extension i will have to resolve the issue regarding the party wall with my neighbour in private or by legal action.
my neighbour has used 9inches of my land, he does not mind me using the party wall however has an issue after building past his 3 meter extension i am going to take back my 9inches of land.
can somone advise where I stand and what can be done.
Thank you
Comment by AdamH posted on
Nik - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Nik posted on
Thank you for your swift response.
I will check the forums and seek legal advice.
Comment by Julie posted on
Hi, we currently rent our house off a Housing Association and around 4 to 5 years ago it was "noticed" that our neighbour had moved the fence over into the garden of the property we rent - this happened prior to us moving in, apparently some agreement between our neighbour and the previous tenant. The HA wrote to the neighbour lots of times advising it needed to be put back to where it was. But, it never happened she just ignored them. The HA even had plans drawn up to show where the fence should be.
We're now buying the house and would like to purchase the land as laid out on HM Land Registry plans and our conveyancers have advised that it is just simple trespass and asked the HA to inform our neighbour to put the fence back to where it should be.
The HA just said that under the Housing Act they can only sell us best title and as we moved into the property with the fence where it was and they're not willing to get involved any more.
Is there anything we can do ourselves?
Comment by ianflowers posted on
Julie - Hi. Where such issues cannot be resolved by negotiation between the parties involved, the options are likely to be limited to either proceeding with the purchase based on the physical boundaries in their current position or for the parties involved to pursue this through legal channels. You may want to consider seeking further independent legal advice, for example, from your conveyancer, on the options open to you there.
Ultimately, where these kind of matters are pursued and a resolution cannot be reached, they may have to be resolved in other jurisdictions such as the courts, which can be a very expensive process.
Comment by Julie posted on
Ok, it just always seems unfair that people can take what's not theirs, but those it should belong to can't just take back, thank you for the quick response though.
Comment by Sharon posted on
Our house was built in 1997 we bought it off the first owners 10 years ago. Our neighbours children have grown up and they have 4 vehicles but enough drive. Out of no where they have decided that they have a claim to a strip of land. On the deeds it looks like there should be a path but a path has never existed.
Could they have a claim for us to turn it into a path?
To be clear the path stated on the deeds doesn’t exist for anyone on our side of the street.
Comment by ianflowers posted on
Sharon - We essentially have an administrative role in registering ownership and other interests in land. So we can confirm the registration position, subject to general boundaries as mentioned in the blog, but we cannot advise on the action to take.
You may want to consider seeking independent advice, for example, from Citizen's Advice or from a conveyancer, such as a solicitor. Online forums such as Garden Law may also be of interest. You can also contact us for procedural advice - https://www.gov.uk/guidance/contact-hm-land-registry giving as much detail as you can.
Comment by Nick posted on
Hi. I live in a small village in Bedfordshire.
2 sides of my garden look out onto fields.
At the borders of my garden overlooking the fields I have some very wide conifers (maybe 2 mts wide) overhanging each side
There is a 2 meter slope dropping from the level of my garden to the base of the field.
My question is.... where does my border end... At the base of the slope, ie the start of the field or somewhere in between.
I now ask this question because the field has been sold off to developers and I am envisaging boundary problem sometime in the near future.
I hope you can advise
many thanks
Comment by ianflowers posted on
Nick — Hi. From the information you have given it appears that the physical boundary is comprised of the conifers. As to the legal boundary line which would represent the precise position of the border, as mentioned in the blog, this is left undefined and our plans only show general boundaries. This means that our plans will not be conclusive as to where the border ends. For example, on either side of the trees or in the middle or perhaps at the base of the slope. Court judgements have demonstrated that some quite large areas of land can be accounted for by general boundaries.
Online forums such as Garden Law may give you some useful information in this area.
Comment by C Lewis posted on
If you live next door to a psychopath who believes they can decide their boundary it seems that you can only live in hope that they will move before you need to. I have wasted hundreds of pounds with land surveys and solicitors but achieved nothing. The boundary is a mess as what has been planted is never pruned and when I cut things back in order to drive my case into my garage there is a confrontation.
Comment by David posted on
I am being asked to open up an old path that runs through the side and back of my garden that means open up my side gate, erecting a fence where there was none and taking down a shed, for something that has been used in over 40 years, can this be done? What can I do?
Comment by AdamH posted on
David - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law can be useful resources but it's still legal advice we would recommend
Comment by John posted on
We are in the process of selling our property, we have both LR for our property and next doors, a red line has been drawn between our and the neighbours property but both titles agree to the land registry, and yet our solicitors insist that the area marked in red be handed over to us from our neighbours, yet the title deeds are correct?
Can only assume to take out an indemnity Insurance if everything else fails
Regards
John
Comment by Jonathan Terry posted on
Hi, we have an easement with a neighbour to allow us access along their driveway to our property. They want to narrow this driveway to make it more difficult to traverse for us. Can they just do this if their own back?
Comment by AdamH posted on
Jonathan - it's legal advice you need as to what they and you can do in such cases. Or try online forums such as Garden Law where rights of way are often discussed
Comment by Jessie posted on
Hello. There is an alleyway between my house and the house next door. It's a standard two up, two down in London. My deeds show that it belongs to me and the neigbour can have access (I think it used to be a business like a dairy or something). I went away and now the neighbour has put up a door at one end and a gate at the other so I can't get in. They are storing all sorts of things in there and I'm worried it's a fire hazard. I want her to give me the keys to the gates or take them down. What should I do?
Comment by AdamH posted on
Jessie - you need legal advice as it's not something we can advise you on I'm afraid. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by peter lennon posted on
i want to perchase my house and i have the plans to the property and the house as been biult the wrong way round where do i stand legaly
Comment by ianflowers posted on
Peter - we register ownership and other interests in land rather than the buildings on it. Your issue with the build of the house would appear to be a planning matter handled by the local authority. If you have a solicitor representing you, they will be best placed to advise you on this and the general legal position.
Comment by James posted on
Hi. I need a bit of advice. Both of my neighbours have recently put up a new fence (neither of them mentioned it or asked my views). They have put up the fences on their side of the original fences using new concrete posts fixed in place, and I was wondering if I could remove the old concrete posts thereby gaining effectively about 6 inches of garden on both sides. Had they asked me in the first place I would have suggested they use these posts to fix the new fences to but now I'm left with huge posts that make my garden look a mess. I'm happy to remove them and dispose of the posts but don't want them to later cause problems, or ask for money, or later complain that I've taken part of their land. Can you advise me?
Comment by ianflowers posted on
James - we essentially have an administrative role in registering legal ownerships and other interests in land and cannot offer advice on the action to take on the ground regarding boundary structures. You may want to consider seeking independent advice on the legal position, for example, from Citizen's Advice or from a legal professional such as a solicitor. Online forums such as Garden Law may also be of interest and help here.
Comment by Michael Dhobi posted on
There is an old, high brick wall at the rear of my garden. The other side of the wall is along a quiet private road. Approximately half the length of the road is owned by a business property and the other half by a private house. My deeds show no T marks for the wall. Is it reasonable to ask/expect the two other properties to share the cost of repairing the wall (which is leaning towards their road)?
Comment by AdamH posted on
Michael - what is or is not reasonable is quite subjective so very much something only you and your neighbours can decide upon. In my experience it's a reasonable starting point but how you proceed depends on what reactions you get of course
Comment by Amy posted on
Hi, we live in a terrace house which has to provide right of way through our garden for both of our neighbors. At present, we have a small gate on both sides to provide this access, however, as we have small children we would prefer something more secure. Where can I find advise on this?
Comment by AdamH posted on
Amy - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Jo Roden posted on
Hello,
I am in the process of buying a property that back onto council playing fields.
The boundry line for all the properties on this road tgat back onto the field are the same on the title plan. However, some of the house boudries are up to 1.5m longer than my property in reality. My next door neighbours back fence is 1.5m longer than mine. I’d say half the houses are longer and half are the same as the one I am buying.
At the back of my fence is overgrowth and 2-3 trees for about 2-2.5m and then there’s a net to stop cricket balls etc.
I have been advised by the sellers solicitor that the original deeds for the property can’t be located. How can I find out what the correct boundry line is?
I want to extend the property and an extra 1.5 meters of garden would make all the difference!
Thanks in advance
Jo
Comment by AdamH posted on
Jo - the general boundary is shown on the title plan so you would use that to understand where the boundary is. Our PG 40 supplements 3-5 may also assist https://www.gov.uk/topic/land-registration/practice-guides
If you need assistance in interpreting the title plan with the lie of the land then I would recommend using a surveyor to report as appropriate
Comment by Michael Dhobi posted on
Many thanks, AdamH.
Comment by Silvia posted on
Hi
We have been living in our house for over 12 years and have enjoyed access into the fields leading to extensive woodland beyond to walk our dog..etc. We erected a fence and gate approx 10 years ago to keep the rabbits out and the dog in. The land behind the fence is now being developed by the council. Do we have any rights to retain our current access? Note that the development is residential and walkways are planned to the woodland.
Many Thanks
Silvia
Comment by AdamH posted on
Silvia - something to get legal advice on as we can't advise you on what legal rights you, or indeed the council, may have here. Our Practice Guide 4, 5 and 52 may be relevant with regards registering any claim as to ownership or rights but it's understanding whether what you have done is legally sufficient or not which you need that wider advice on https://www.gov.uk/topic/land-registration/practice-guides
Comment by Joanne posted on
Hi,
I live in a maisonette built in back in the 80's attached to the side of an old house which was converted into flats.
In 2012 our neighbour asked if they could remove what was left the old boundary wall that ran between our two properties as they were renovating their courtyard and it was a bit of an eyesore. Part of the agreement was continued occasional access to clean the gutters so we agreed to this, also it helped solve the damp problem in my flat - bonus! (the wall was about 1ft away from my flat and ran the entire length of it).
However now I am thinking of selling and one of the questions is "Does your gutter overhang neighbouring property?" which leaves me in a quandary as it appears they do, but originally when the wall was there they didn't so I'm not sure what to do.
One thought that occurred to me; as the roof covers the whole building and we all pay for it's maintenance does that mean I'm not responsible for the overhang when selling?
If anyone has any advise I'd be most grateful. Thanks.
Comment by AdamH posted on
Joanne - you'll need wider or legal advice on this. This is a blog rather than an open forum so if you are looking for wider comment/advice then I would suggest trying online forums such as Money Saving Expert where such matters may be discussed
Comment by Anna May posted on
Hi, in the residential area I live, I remember seeing a plan that showed a section of overspill parking outside my neighbour's house. The last occupants said they bought it when they moved in. The owners who are there now have parked a massive motorhome in it and race karts are repaired there too, which creates fumes and lots of noise with constant loud revving. I have tried to grow shrubs outside my own boundary where the shared drive is for privacy. When the neighbour's son has asked if he can chop the bush, I have said no and that I would get someone to chop it back, which I have been doing. He complained the shrub was scratching this huge motorhome (there is a restrictive covenant saying motorhomes can't be parked near these properties). That's fair enough, but, this time, he just hacked it right back to the shared drive boundary without asking at all. He even sawed off a limb of the shrub. No cars get scratched moving in and out of the drives, it's just his huge motorhome he says is getting scratched. Should he be cutting my shrubbery to make room for a motorhome that probably shouldn't be parked there anyway. This is the neighbour's son's motorhome who doesn't even live there. He just stores it there, outside his mother's house. His mum is elderly and I don't want to cause her trouble, but the son just does what he wants. He even unscrewed the drain on our property, right outside the front door and started raking through our sewage without asking, because their washing machine wasn't draining properly. Having the exact boundaries and current parking rights around the shared drive would help. Thanks in advance.
Comment by AdamH posted on
Anna - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Sean E posted on
Hi,
We've recently purchased a property, upon receiving the land registry plan we noted that at the bottom of our garden it doubles out to one side. However I believe our neighbour to be using the land (not 100% confirmed yet), is the land registry plan definitive?
Thanks.
Comment by AdamH posted on
Sean E - the title plan shows the general boundaries for that title. If you believe it shows more that you actually occupy and the neighbour has effectively encroached then I would recommend seeking legal advice as to how best to proceed. Land can be claimed by someone other than the legal owner after a period of time - see our PGs 4 and 5 for more details https://www.gov.uk/topic/land-registration/practice-guides
Comment by Joe posted on
Hi. I live in a new property which sits slightly set back from my neighbour’s house, meaning that part of my house effectively forms part of the boundary in their back garden, so they see part of my house wall and then garden fence when they go in the garden. In turn their house sits ahead of mine at the front. We are attached. When they moved in I asked them if they could leave my wall in the garden untouched and not attach anything to it or grow anything up it. They seemed fine with this and we’ve got on well. However I started to hear banging noises on my wall (my office is here and I work from home so it was very distracting). So I peeked over the fence to see they have attached decorative items on nails attached to my wall and leaned things up against it. I asked them really nicely to remove it and explained it was banging about in the wind and interrupting my work, I also reminded them I had asked for it to be left clear, and I wouldn’t dream of attaching something to their wall at the front, but they were very defensive and think I’m being unreasonable and walked off. I don’t want to start a neighbour dispute but want them to remove it and make good any holes. I’ve written a nice letter but I want to be reassured I’m within my rights to ask this.
Comment by AdamH posted on
Joe - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources as such matters are often aired and discussed but it's still legal advice we would recommend
Comment by Shaun Topham posted on
Hi,
the access 'road/alley' to my garage is very tight and I have discovered that a previous neighbour moved their fence over 10 years ago. This took 0.7 meters of the alley that my vehicle has to go down. Is the over 10 years aspect insurmountable in court?
Comment by AdamH posted on
Shaun - it's a complex area of the law and our PGs 4 and 5 explain the registration essentials. https://www.gov.uk/topic/land-registration/practice-guides
10 years may not be sufficient but it's legal advice you need to confirm and to advise you on next steps
Comment by Shaun Topham posted on
Thanks for your quick response Adam , I appreciate it,
Regards
Shaun
Comment by THOMAS BREMNER posted on
Dear Adam,
I am trying to find out if I have cause to ask for dispute resolution on the location of a precast concrete panel garage that has been "strategically " located at the rear of a four house terrace.
There is only one driveway that allows ingress and egress to and from the garages at the rear of the terrace.
The map of the property ( purchased about a year ago) shows the neighbour who lives adjacent to the drive has a small garage which is situated right at the rear of the property, and which affects no one's entry or departure in any way.
In reality, though, this garage has been removed, and a new one has stood for some years at the exact point in the driveway where it widens into the access area to the other three garages on the property.
I have been able to ascertain that no planning permission has been granted for the erection of this garage.
Regrettably the "new" garage is sufficiently far away from the driveway entrance to permit most vehicles to enter and access these other garages, but is not far enough away from the boundary and back yard wall to make it possible for a vehicle to leave the property (due to radius of turn limitations) facing forward.
It is possible to reverse out of the parking area at the rear into the very narrow driveway that leads to the front of the properties, and going out forwards is possible, but requires a lot of back and forth manoeuvring to clear the corner. I have witnessed, on a number of occasions, that those who have attempted it have managed to severely scratch their vehicles.
Reversing out has its issues as well. There is a really busy road at the end of the driveway. Visibility of this road is restricted until the driver's window clears the front boundary, leaving one very exposed to the endless traffic in the road, which is dangerous.
I and my immediate neighbours have discussed this issue with the owner of the property that "commands" the entrance to no avail.
Relationships, once cordial, have deteriorated into non communication at any level now.
What I need to know is: How I can take this matter forward?
There are two resolutions, one a lot less expensive than the other, and I'd like to know to whom I can take this issue - what documents I'll need to support my case - etc etc.
I'd appreciate any advice or information that you'd be prepared to give me.
Thanks.
Comment by AdamH posted on
Thomas - it's legal advice you really need here as to what your and their rights are it seems. If it is a dispute over where the boundary lies then a surveyor (RICS) may be able to assist and they offer a resolution service. We do not resolve disputes but provide the registered information and then update that on application, such applications will usually involve the affected neighbours once they have resolved the issues faced
Comment by Laura Bell posted on
Hi, we are currently selling our property and our neighbours have now started a dispute that we have change the gate to a fence on our side of the property, then placed decking and a small shed there. Now we are moving, they have stated that they want the shed moved, decking taken away and it put back to a gate. We have apparently encroached on their air space with the shed roof by 30mm but the decking does go up to what we deem as the boundary path but does not touch their garage wall.
My question - do we have to take down our fence, move the shed and remove decking on our land?
Hope you can help
Comment by AdamH posted on
Laura - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Tarek El-Semman posted on
Hi Adam, my neighbour is claiming that the boundary to his garden is not where the current fence is (this has been there for 30 odd years) but instead based on the remains (bricks in the soil) of an old (circa 1800s) brick wall foundation that he has discovered. He has also found a photograph from the turn of the century that shows the original brick wall. does my neighbour have claim to move his boundary to where the old brick wall "used to be"? The brick wall pre-dates our building completely by about 50 years as where we are now used to be waste land.
Comment by AdamH posted on
Tarek - not something we can advise you on I'm afraid above and beyond what is in the blog article. It is very much legal advice you need as to what your rights are and indeed his. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Jill Woodside posted on
Hi - We bought our house in 2006. The next door neighbour passed away in January 2019. The executor of the will wants to claim 5ft of garden back. Apparently it did once belong to the old gentleman in the house next door who lived there since the seventies, but the boundary fence erected around fifteen years ago sites the land on our side where it's remained and has been maintained as a flower bed. Can the executor just remove the fence and claim back the land or can we dispute this as it's been on our side of the fence for 13 years.
Comment by AdamH posted on
Jill - it's legal advice you need here. We can't advise you on what rights you or the neighbour may have here. Our Practice Guides 4 explains the registration aspects regarding a claim as to ownership of land and this may be of interest. https://www.gov.uk/government/publications/adverse-possession-of-registered-land
But the law regarding such matters is a very complex one hence the need to seek legal advice.
Comment by Sue Bonnin posted on
I live in an old terrace with a right of way path running behind, for use of all the houses. Behind it is a stone retaining wall and on the other side below, a leat, and a field. Behind my neighbour's property the wall needs repairing, and the owner is saying it's a shared cost. I don't have my deeds to hand, and would like to know if it's the case that all the owners should share the repair cost. Thanks.
Comment by AdamH posted on
Sue - not something we can advise you on I'm afraid and it is very much legal advice you need. The blog article explains how boundary issues might be resolved and what information may be relevant. But if you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Mary Bradley posted on
I share a boundary fence with the house behind mine, the fence needs replacing is it the responsibility of both of us seeing as it divides our gardens?
MEB
Comment by AdamH posted on
Mary - the blog article offers the advice we can give on this but we cannot tell you who is responsible or whether it is shared.
Comment by Mary Bradley posted on
Thanks for replying so quickly
Where do I get access to the blog article?
Comment by AdamH posted on
Mary - I assumed you had found it/read it as you added a comment to it? It is here https://hmlandregistry.blog.gov.uk/2018/02/27/drawing-the-line-on-boundaries/
Comment by Aly posted on
Is there an email address that one could write to for advise rather than on the blog? Thanks
Comment by AdamH posted on
Aly - you can use our online contact form https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
Comment by Kate posted on
Hi
We have recently moved into a middle cottage of 3. The neighbours on our right (as looking out back) have a 3 foot picket (wobbly/rotting) fence. We would like to put our own 5foot fence up due to their 4 dogs that terroize ours..
My question is .. is there a legal space we need to leave between ours and theirs just incase they decide they now need to 'maintain' the back.. many thanks
Comment by AdamH posted on
Kate - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Stuart Parkes posted on
Hello my right side fence is the back of 3 separate gardens. 2 parts of it are 2 different fences the 3rd garden has a bush instead of a fence. Therefore I assume they each own 1/3 to make the 3 sections. The middle section has blown down and his dog is running in my garden now. Am I right he has to repair it?
Comment by AdamH posted on
Stuart - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Irina posted on
Hi. I bought a house 2 years ago. On my mortgage papers it is saying, that all the fence in the garden is mine, as the house is end terrace, but the neighbour claims the fence between us is his, as it is on his left side. Do mortgage papers have legal power, so I can replace that fence, if I wanted to?
Comment by AdamH posted on
Irina - have a read of the blog article which explains how a variety of information can come into play re who does what with which boundary. Your registered details would be your starting point but I'd recommend asking the neighbour to explain the basis for them thinking it is theirs for example. Sometimes there is a lack of awareness or understanding re such things but you have to balance that against what each neighbour may have been told previously and/or what they want to happen next.
If you cannot agree then you would need legal advice as to how legally binding your own information is in such cases
Comment by Gerard posted on
We have been waiting 4 years for our neighbour to replace the fence which is sited across the boundary line, half in each side as it is rotten. He has made a minute attempt to replace it knowing our concerns ,one quarter of a panel, despite us saying we would pay for a new fence to be installed.
Can we request he remove any fence from our side of the boundary and put up our own fence within our own property? accepting we lose a small amount of space to get this resolved.
Comment by AdamH posted on
Gerard -very much something to discuss and agree with your neighbour in my experience as it's not something we can advise you on. Legal advice is always recommended. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources as the scenario is not that uncommon but it's still legal advice we would recommend
Comment by Lize Moran posted on
Hi, we are six lovely peeps who have bought our property and now own the freehold. I own the ground floor flat with a small courtyard that is holding back the rest of the garden.
When we went through the process we advised the lawyer that I will be knocking down the wall and rebuilding the wall as part of an extension I am planning.
I have reviewed the plans and it now looks like the wall is actually still part of the garden. The other owners are lovely and have no issue we knocking down the wall I just want to make sure there is no issue and what paperwork process I need to go through. I won't be living there forever and don't want to have issues when I sell the property or when others move on. Can anyone help?
Comment by AdamH posted on
Lize - I don't really understand the situation you are describing unless you mean you are looking to extend into land not currently registered to yourself? If so and your lease needs varying then it is legal advice you need on how to achieve this by way of a legal deed between you and the freehold er
Comment by Lize posted on
Hi Adam,
The wall in question is owned by us the owners of the building. I need to use the wall as part of the extention to hold up the roof.
I won’t be extending into the garden at all. It’s just the wall itself. Everyone in the building is happy for me to do this because they don’t want to take responsibility for it. I just want to make sure I do the paperwork and I am allowed to do it.
Comment by AdamH posted on
Lize - understood but that would not involve us so not too much we can advise on. If you want to formalise the fact that you are all agreeing that the wall is your responsibility then the blog article explains how that can be done. But I suspect the paperwork issue will be one for planning or building works so something to perhaps get wider legal advice upon as appropriate
Comment by Melissa Perry posted on
Hi. I own a semi-detached house with a front garden wall that is joined to my neighbour's wall front wall. I need to replace my section of the wall as it is leaning forward. I spoke to my neighbour last year and he was amenable to it being replaced and to the bricks not matching. I was unable to go ahead with the work last year but have arranged a contractor now. He will have to cut the bricks on the boundary to make the join. Are there any issues with this? I am trying to get in touch with my neighbour again but he rents the house and I haven't been able to do so this year yet.
Comment by AdamH posted on
Melissa - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Ann posted on
Hi,
Apologise in advance this is a bit long...
We bought our 300 year old property 5 years ago and after 3 months our neighbour who has a business property asked us for a landswap with part of our garden, to square our garden off, so that he could build some houses. We politely refused, he then told us that our fences were in the wrong position and that he was instigating a boundary dispute. We have proof that he was consulted when the fences went up and that there was planning permission for a section of it. He did not engage at all at those times.
He has now put in planning for 4 houses with a development company after registering his land overlapping considerably (over 10 feet in some places) the existing fences that were put in by previous owners going back 30 years and against and through an extension on our property that has been in place since 1980. The boundary red line on his registry also cuts off access from our back garden to our side garden. Can he do that? He only registered the land last year and we were not consulted.
We have maps back to 1881 showing our property and a rhine (that no longer exists) that separated the plots of land around it with a brace symbol over it. All maps up to 1935 show the brace symbols across the diving rhine. Can I safely assume that the ownership of the rhine was shared? The modern land registry maps/drawings do not show these symbols, I am hoping that this will help with further negotiations.
Many thanks
Comment by AdamH posted on
Ann - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
If you have a right of access either registered or claimed then you should get legal advice if the right is being denied
Brace symbols are not registration markings but are used by Ordnance Survey. Their maps relate to the lie of the land at the time they surveyed the area for example. They do not denote legal ownership but the physical features in place at that time
Comment by Ann posted on
Ok thanks Adam that is helpful especially re: the braces.
Comment by Dan T posted on
So, is this article basically saying - if it's not on the deed/plan (which it often isn't), then we don't know either? There's no other way to know?
A fence in a rental property of mine became damaged in last week's winds and it seems I have no way of knowing if i'm responsible for it at all...
Not sure what to do next then...Any advice would be good
Thanks in advance
Comment by AdamH posted on
Dan - the article is basically saying that a variety of information can be fed into any discussion or consideration around boundaries. The registered title is rarely the defining detail. So if there is nothing registered the best way forward is to speak to your neighbour(s) and share any details/understanding and work forward from there
Comment by Emma posted on
I live in a house and the back garden faces the back gardens of another house. On either side of me I have a high fence but the fence that faces me and runs horizontal between the left and right fence is low. I want to know who owns this fence between our properties as I'd like to put up a bit of trelis as the fence is too low for me.
Comment by AdamH posted on
Emma - the blog article explains what information we may hold and recommends that you discuss it with your neighbour(s) to agree a way forward as appropriate.
Comment by paul tuohy posted on
Our cottage garden is to the side of the car park of a golf club. There are no neighbours. A builder in 2005 bought the property for development from the golf club (its was the lodge to a manor house in 19th c) He fenced it and we inherited a restricted covenant on the sale which the builder agreed to. The principle of covenant is to inform the company that owns the club of any additional changes, building etc we do. There is a small copse in between the car park and our fence. A massive dead tree dominates with brambles and weeds growing up to the 7ft height of the fence. It has never been kept as they look after the health club and courser with paid outdoor staff. Its basically nomans land, but we are sure they own it. Trees are now over hanging into our garden. We want to build a garage and workshop in our front garden but need the boundary fence moved back into the brambles and copse by a meter. I asked the club and they have no problem. they said the small bit i need for £500 but it would cost £10k in legal fees which they have yet to substantiate and i think is designed to put me off. As they have never looked after the copse and we now have issues with its upkeep (its about 20 meters deep) can we bring back our fence by a meter to make our garage fit? would this present legal issues. As they have agreed to me having a garage would an agreement between us to that effect mitigate excessive layer fees?
Comment by AdamH posted on
Paul - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Vronnie posted on
Hi,
We bought our detached house in 2014. We share a common right of way with our neighbours on either side of our house. Their houses are semi-detached. Our neighbour on the right accepts the right of way and respects that no one blocks the access alley to both our back gardens. However, the neighbour on our left claims that the access alley between our properties is his and continually parks his car there blocking the access to our garden from his side. He bought his house in 2005. Clearly the previous owner of our property was easier to bully than us as he paved the front driveway excluding half the alleyway that belongs to the house making it look like the whole alley belongs to the neighbour on the left. We have shown him the title deeds of both his and our property, but he still insist that he owns our side of the right of access way. Should we employ a solicitor and give him notice legally? We also do not want him to start claiming adverse possession. Your advice would be appreciated.
Comment by AdamH posted on
Vronnie - not something we can advise you on I'm afraid and it is very much legal advice you need, especially if you believe the neighbour may seek to claim adverse possession in the future. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend.
Our PGs 4 and 5 explain more on adverse possession claims so may allay any fears you have on that score https://www.gov.uk/topic/land-registration/practice-guides
Comment by Tracey posted on
I have recently bought a new build property which has a drive and front lawn. The builders have made each property slightly different to the one next door. As such my front lawn is not rectangular as per the land registry title red boundary. My neighbour who moved in last week is now claiming my front lawn impinges on his boundary by 6 inches. What can I do to prevent him digging up a strip of my lawn to make the edge straight?!
Comment by AdamH posted on
Tracey - very much one for you to resolve with your neighbour. 6 inches is invariably far too small a measurement to derive from a plan so worth sharing information and then trying to agree a way forward. Our PG 40 supplements 3 and 5 contain guidance on title plans and boundaries and these may assist. If you are looking for wider comment or advice then online forums such as Garden Law frequently share and discuss similar examples but ultimately if you can't agree then legal advice is also an option
https://www.gov.uk/topic/land-registration/practice-guides
Comment by Lisa Dowling posted on
Hi, we have a property that backs onto council parkland. We have had gated access to the park for around 6 years as we replaced the boundary fence that was in disrepair. I have just learned that the council are placing 28 allotments in the park to the rear of my property blocking my access. Is this allowed? Nobody has approached me about this or answered my objections that I have made to these plans. Have you got any advice please? Thank you in advance
Comment by AdamH posted on
Lisa - it's legal advice you need here to understand what rights (if any) you have. A right of way/access for example may not be acquired in law unless it has existed for a minimum of 20+ years https://www.gov.uk/government/publications/easements-claimed-by-prescription
But very much something to check with a solicitor with regards a legal right and any other rights you may have re being an adjoining landowner for example
Comment by Karl James posted on
Hi I've one for you. Would be interested in your view.
I own a upper flat in a large detached property that was converted into upper and lower flats. Leasehold, each flat owning the others freehold.
5 years ago with lower flats consent, I built a 2 storey extension. Large kitchen to join into upper flat. And small granny flat on ground floor.
Have letter of consent from lower flat owner. Planning permission was granted to me. Building costs were paid by me. Only possible to enter kitchen and granny flat from my property (garden). Heating, water and electricity come from my flat.
Lower flat owner died, leases boundary was not updated, his wife is now claiming that extension is built on her property, and the granny flat belongs to her.
I know it sounds ridiculous but she is determined it is a boundary dispute.
Do I have to go to court?
Any opinion on how court would rule?
Regards Karl.
Comment by AdamH posted on
Karl - it's legal advice you need here and we could not give you that. From a registration perspective only I would have expected you to have varied your leases with the freeholder at the time to vary the demised extent and then sought to register that. It reads as if that did not happen so it's a case of investigating what agreement/consent was sought/provided and seeing what legal rights you now have and which may bind the current freeholder
Comment by ClareB posted on
Hi, Looking for some advice please. My Mother in Law's property backs onto a Private Car Park which contains around 20 or so parking spaces & serves a courtyard development of houses. The fence between my MIL's property & the car park blew down in the recent storms, so her garden is now exposed. We are trying to find out who owns the car park land / whose boundary it is. We have searched on the land registry, some of the parking spaces are listed individually & look like they are freehold (presumably owned by the house owners), one of the parking spaces is both leasehold & freehold & some parking spaces are simply not listed. How on earth do we go about finding out who is responsible for the cost. My Mother in Law is 83 so can ill afford the cost of a new fence. Thanks
Comment by AdamH posted on
ClareB - who is responsible for the works/costs is likely to depend on how you and the adjoining landowner(s) want to approach it. If you have multiple owners owning the land the other side of the fence then you may have to include them all to see if they will discuss it/get involved.
Comment by Rebecca posted on
I moved into my home just over a year ago. One of my neighbours replaced the fence when the previous owner was at my property before I had purchased it. My neighbour has replaced the fence onto what I believe is my land. I have a path that goes down the side of the house and the path at the end of the house leading into the garden is so narrow I can’t get a lawn mower through easily or a wheel barrow. You can clearly see the fence has been put at an angle. Where do I stand with this. I haven’t approached this yet with the neighbour as the previous owner has said she had issues when she raised it with him. I have recently hired a gardener to help me with the maintenance and it’s making it difficult to get any work done.
Comment by AdamH posted on
Rebecca - if you believe the neighbour has encroached on your land then I would recommend seeking legal advice to discuss options before you approach the neighbour directly. We cannot provide legal advice
Such issues can be complex and invariably only resolved between the respective neighbours. A solicitor acting on your behalf to resolve such matters can help find a resolution but that often depends on the neighbour of course. Ultimately if you cannot resolve it the only arbiter would be a court of law.
If you are looking for wider comment advice then online forums such as Garden Law can be useful resources but please remember that you, your neighbour and the boundary are all unique to you so what may work for others may not work for you.
Comment by Bonnie posted on
I have an unusual problem. I started renting a nice house and garden in 2013. It is on the right hand side at the end of a cul-de-sac facing west, the neighbours house is to my right and faces south looking down the cul-de-sac. It is also a rented house, which is where the problem lies as both are owned by the same landlord. If you imagine these two properties as a square with a diagonal line for the boundary of our rear gardens, except for the bottom of my garden is squared off by about twelve foot instead of the diagonal line going into the corner, giving my side a bit more space. Back in 1994 the then owner tried to use this bit of land to bring his vehicles from another road and across a no mans land/local housing authority road/non public highway, that should only be used by residents, in order to park his vehicles at the bottom of his garden. All the elderly and sick residents complained so the council ordered the owner to change the gates he had erected back into a fence as he was not allowed to use the road. He left the gates but locked them up in such a way they could no longer be opened and as such was recognised by the council as a fence. I know this as my parents were one of the complainants. All was well until two years ago when my neighbour, a family friend of the landlord, who is disabled and has a mental age of twelve due to epilepsy, moved her boyfriend into the house, they then got married, and I believe they still let the local council pay the rent even though he works full time in a good job. He is a biker, with bikes, trikes, trailers etc., and wants to bring his vehicles across my garden using the old gates and the above mentioned road. He has removed the dividing fence between our gardens so he can get access to the 'gates'. I told him not to bother as the council will not allow him the access anyway but he assumed I was just complaining about the use of my garden and his reply was 'you cannot do anything as it is all the landlords land', which is partly correct but I rent it from him. My house is freehold but the neighbours is leasehold - I don't know if that helps me at all. My parents spent a lot of time recently getting the access road properly 'labelled', the council have put up signs making it clear that the road is for residents only. Even so, the man next door comes into the bottom of my garden when he wants, as does the landlord who I've heard say he will evict me if I complain. They blame me for the access road problem, and I feel helpless when they enter my garden, they are bullies and intimidate me regularly, I have had to put net curtains at my back door as the neighbour stands and stares into my kitchen. I am also classed as disabled, I have higher functioning autism and cannot cope with these situations well, being made to cry and shake, the landlord even cut down trees in my garden during nesting season and to see the birds distressed still upsets me a year on. They never give me 24 hours notice as the law states. This was going to be my forever home, I waited years for it to be available and have spent a small fortune on improvements, now I hate going in the garden even to feed the birds. The neighbour has recently started digging out my garden to give him access to the gates/fence, and has had fires on the land. Do I have any rights at all, as the same landlord owns both gardens - or does he?
Comment by AdamH posted on
Bonnie - I'm sorry to read of the difficulties faced but I'm afraid it's not something we can advise you on and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend on what is clearly a complex issue
Comment by David posted on
I have a bit of a problem with a neighbour removing a fence over a year ago and still not replacing it. There was a fence on their side of the boundary to my back garden and they have removed both their fence and the wire boundary fence, so there is absolutely no line now between their garden and mine. How am I placed please to getting them to do something with this as my garden is now open to theirs and I have had their children and dogs on my property at various times. I understand they are not obliged to rebuild a fence they have taken down on their land, but does it matter that they have also removed the boundary fence?
Comment by AdamH posted on
David - whether it matters is really only something you, and the neighbour, can decide upon. We can't advise whether it matters or not or offer any legal advice to assist. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Mr C A posted on
Hello Adam,
I would appreciate your advice...
Looking out to my garden from the house, there is a fence going up the left and a hedge going up on the right.
The fence on the left has partly fallen down and is need of repairing. (There is no problem on the right hand side.)
The neighbours on the right were the 1st residents to live on the street as their house was the first to be built on our road.
They are very pleasant and have told me the hedge between me and them is my responsibility.
At the same time, the neighbours on my left are very pleasant but tell me the fence between me and them is my responsibility. They believe they are responsible for their left hand side.
I have checked with another resident on our street who says they look after their left hand side also.
There are no 'T' marks on the title drawings. The broken fence in question had the 'good' side facing my left-hand neighbour.
I'm happy to replace the fence if it really is mine but I don't want to be responsible for both sides. I'm not sure if it's correct that you should be responsible for 2 boundaries either.
How do you think I should proceed on this?
Thank you very much.
Comment by AdamH posted on
Mr C A - it is very much a case of sharing whatever information and understanding you each have and then agreeing a way forward. It is quite possible for one owner to be responsible for both sides be that agreed as and when the properties were developed or the owner taking that responsibility on at a later stage.
The good side or left or right debate are just that, merely debates rather than having any basis in law.
So if you don;t want to be responsible for both sides you would need to engage with and agree next steps with the neighbour(s) as appropriate. There are no rules to apply here it seems other than what your neighbours have understood to date and what you have each done re maintaining the fence/hedge. You should add what you would each like to now happen to the mix and try to agree a way forward.
I suspect, from experience, the hedge is less of an issue as it is not likely to fall over so it is merely the issue of maintaining it to the satisfaction of both you and the neighbour. It's the same in principle for the fence on the either side
Comment by Jason A posted on
I’m looking to replace my fence line however there is a tree near the bottom of the garden which we’d like to remove.
Having spoken with the neighbours they checked their deeds showing the bouderies of their property. Which on the plan looks like an extra 2 meters.
They want to keep the tree and are saying that according to the deeds and the red line the tree is outside of my boundary. And the tree actually belongs to Thames water/council
At the back of the garden is a little river stream.and looks like some have moved their fence line. Now prior to me moving into the house the fence was already there and for many years by the looks of it.
Where do I stand if I wanted my deeds correct to show where the back of the garden ends in line with my neighbours and several other neighbours.
According to the existing deeds my garden end approx 2 meters before the other neighbours.
My question is there a way I can have this corrected and prove the tree is within my boundary line also?
Comment by AdamH posted on
Jason - I'm unsure if you have checked what is registered (and unregistered) and if so what belongs to whom. You can check registered details online but for small areas of land a search of the index map is usually recommended https://www.gov.uk/get-information-about-property-and-land
If you don't own the land I assume you do not have deeds to show that you do and as such a correction seems very unlikely
I'd suggest confirming the registered extents and ownerships and then seeking legal advice as to what options may exist. If you think your title has been registered incorrectly then use our online contact form to raise the issue and refer to evidence as to how and when the registration error was made https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
Comment by Jason A posted on
Thanks Adam-
I do have a copy of my deeds if that’s what you mean by registered and it shows the end of of the garden finish approx 2 meters before the actual fence line.
It’s a semi detached house and it seem the plans do not fall in line with where the back of the garden currently ends.
Another point to add, where the garden currently ends, this more or less falls in line with the other neighbours.
Comment by AdamH posted on
Jason - understood but the key factor seems to be the land beyond your registered extent. Fences do get moved but boundaries don't just move with them so whilst it would be nice if everything lined up that is not always the case. Unfortunately just because the registered extent does not match a fence line is not enough to correct a registered title. That title will have been based on the legal deeds submitted and not what's on the ground in the vast majority of cases.
So the advice is to confirm what land is registered and how and then get legal advice, if needed, as to how to proceed with regards the 'extra land' (if any)
Comment by Jason A posted on
Thanks Adam.
Confirming which land is registered.
That would be from the previous link you have provided?
Legal advise would be from a chartered surveyor?
Thanks
Comment by AdamH posted on
Jason - correct. You can either try and piece together the title plans for the adjoining land or make a postal search of the index map specific to the area of land itself. I would go with the latter.
A surveyor can assist in interpreting the plans and lie of the land for you and then report on their findings but that would not be legal advice. Legal advice would be from a conveyancing solicitor but they;d need to know what was registered and who owns and has done what with the land over the years before they could advise
Comment by Claude D posted on
Hi Adam,
I have just checked the boundary plan for my mother's house and note that the garage is not marked on the plan. Is this an oversight or an issue that needs to be resolved before selling the house on?
Comment by AdamH posted on
Claude - we register the boundaries rather than what may be built within the red lines. So a property may change size and shape re the buildings but the boundaries do not alter so the title plan does not change. Nothing to resolve before you sell the house providing of course the garage is within the registered extent
Comment by Claude D posted on
Sorry Adam I should have said the garage is outside the boundary.
Comment by AdamH posted on
Claude - understood so is it registered under a separate title perhaps? https://www.gov.uk/get-information-about-property-and-land
Comment by Claude D posted on
Hi Adam,
Further search as you suggested has turned up another title in my Mother's name for the garage. Another question though on the back of that. The plan highlights the garage and the access and the courtyard to all the other garages in the block, this is marked in red. Does this mean we own the land?
Comment by AdamH posted on
Claude - the registered extent is outlined with a red line
Comment by EmaK posted on
Hi, I purchased a property in July of last year. We bought it from a couple we knew. We believed that all the land they had shown us belonged to the property but when the deeds came through it was evident that a section, the size of two cars, is unregistered. We own the land either side of it - so our garden and parking go in an L shape around the bottom of our neighbours garden. We own a car sized piece at the end of the short side of the L and the long side of the L shape. The house had been in possession of the same family for a long period of time and was passed onto the granddaughter when the lady died. As we were first time buyers and we knew the couple, we agreed to continue with the purchase and had their assurance (verbally) that they would assist us in registering the land after completion. Unfortunately, they have gone back on this agreement and we now have this unregistered piece of land. Is there anything we can do to register it to the property? Thank you
Comment by AdamH posted on
Emak - our PG 5 explains how a claim as to ownership of unregistered land might be made. https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land
It seems unlikely that you would be able to make a valid claim now without their assistance but very much something to get legal advice upon
Comment by Elvina Hutchinson posted on
Hi Any advice please? We have a double thickness garden wall between our house and next door. They have taken down one side of the wall and are planning on using these extra inches to build an extension on the side of their house. Can they do this please? Many thanks
Comment by AdamH posted on
Elvina - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Elvina posted on
Thanks
Comment by Kay Townsin posted on
Hi can you advise me please, my neighbour has died and his bungalow has been sold to developers, I think my neighbour has previously taken approximately 2 metres of my land but I wasn't aware as he had done this before I bought my house 23 years ago. Since then I have replaced the fences and left room behind them for maintenance, leaving his fences in part behind mine. The developers have removed his fences leaving mine but thinking it is their land and not mine, how do I work out the measurements of my land in metres from my house to the property line, I do not want them building on my land but how can I prove its mine?
Comment by AdamH posted on
Kay - whilst the registered details can assist they will not provide you with a precise measurement. If you are unsure as to where the boundary lies I would recommend using a surveyor (RICS) to assist/report for you.
Our PG 40 supplements 3 and 5 offer some guidance that may be of assistance also https://www.gov.uk/topic/land-registration/practice-guides
Comment by AmarA posted on
Hi.
After a long-running dispute over a boundary, my parents have come to an agreement with neighbours at the rear of their property. Both parties have come to a resolution with the boundary having changed slightly - in short, my parents are conceding a bit of land. I've looked online and it appears that a surveyor needs to be commissioned to draft up the new boundary, with a solicitor needed to make it legal so that there are no issues if either property is sold. Are you able to advise if this is correct?
Amar
Comment by AdamH posted on
AmarA - if you are looking to make an application to register a boundary agreement or determined boundary then that is correct https://www.gov.uk/government/publications/boundary-agreements-and-determined-boundaries
If by 'conceding a bit of land' you mean that their title plan needs to be amended to remove the 'bit' then a transfer of ownership (TP1 as to part) may be required instead https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
I'd suggest speaking to a solicitor to confirm what is best legally before doing anything else
Comment by Claude D posted on
As my mother owns the land for the shared garages is she responsible for the drain in the center of the yard?
Comment by AdamH posted on
Claude D - we cannot advise you on that and I would recommend that you/she seeks legal advice to ascertain what responsibilities she may have
Comment by Sarah B posted on
We bought our house almost 12 years ago, a semi-detached with a shared driveway. On the plans it shows both houses own half and have right of way over the neighbours half. Before we moved in the neighbours never used to park on the driveway but so we we moved in they do it all the time, although we have requested that they don't. We work irregular hours and need to unload the van at all times however when we get in, at 2, 3 ,4am etc the neighbour is parked on the drive meaning we have to unload all of the equipment through the house to the garage. I have been around to discuss it and the neighbour was abusive and said the drive was theirs and if I wanted to use it I should knock when I need access. They go on holiday and leave the car parked there to be awkward knowing we have no way to move the vehicle, they have given neighbours permission to park there as well. Throughout the week their son, daughter and friends park on it, it means our children have to bring bikes through the house because they cant get past. We struggle to get the bins through and I worry about going around as he can be abusive. What can we do. We have to use our front garden for parking as we can't get round the back as have most of our street but they seem to want it all their own way, a nice front garden, parking on the street, parking round the back and on the driveway. It's really stressing me out!
I would rather this didn't escalate into a huge problem but would like to get a fence put down the middle so we didn't have to deal with them. We have tried to be reasonable but they are not. We have numerous pictures of various cars parked in our way, including on one occasion a van parked between the two houses and I couldn't even open our window at the side of the house!
Comment by AdamH posted on
Sarah B - I am sorry to read of the issues you are facing but I'm afraid it's not something we can advise you on. It's very much legal advice you need here based on what you own and what registered rights you have to use the land.
If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend as the land/property and indeed your neighbour are unique to you and what may work for some may not always work for others
Comment by Christina Ritz posted on
Hello - can I have some advice pleasing regarding which boundary fences I am responsible for?
I have my title number but cannot see any details on the charge certificate or the certified copy of the filed plan with HM Land Registry but have found the following information on a previous agreement - one of the points in the particulars and definitions section states 'the property is sold subject to a covenant to keep in good repair the walls and fences to the south, west and north sides of the property'. Do these refer to the orientation of the plot on an ordnance survey map or is there a different definition? Is there anyone else that I need to ask to confirm this (HM Land Registry or Local Authority)?
Christina
Comment by AdamH posted on
Christina - the orientations referred to would be shown on the plan to the agreement as any plan would normally include a north point. Have a read of the blog article to understand what information may be available both from ourselves and others. The Local Authority would not hold details re boundary ownership/responsibility in my experience
Comment by Mrs T posted on
My neighbour is claiming ownership of all boundary hedges between us and her (L shaped scenario), although she has no documents to prove this is her hedge. When we bought the house back in 2007, nothing was specified on the deeds. So, two issues derive from this ownership claim: she is letting the hedge grow as tall as possible (4.5 to 5m in height), taking light from our garden and house, and she is prohibiting us from trimming the hedge facing our sides. This has created a lot of animosity, what can be done? I would have thought the hedge is shared as it is on the boundary.
Comment by ianflowers posted on
Mrs T - As mentioned in the blog, boundary ownership/responsibility is often not referred to in the house deeds and even where it is, without agreement from your neighbor that the boundary feature is a shared one, these matters may ultimately have to be decided in other jurisdictions such as the courts involving significant costs for the parties concerned.
We essentially have an administrative role in registering ownership and other interests in land and cannot advise as to the legal position and the implications of any action taken on the ground. You may want to consider seeking independent advice, for example, for Citizen's Advice or from a property professional. Such online forums as Garden Law may also be of assistance.
Comment by Maria posted on
Hi, my husband and I are in the process of purchasing an end of terrace 3 bed. The “next door neighbour” has a 2 bed and because of the size of the 2 bed there isn’t enough space for the occupier to park two cars so it appears that the builder has accommodated 2 spaces by taking about 2-3 foot from the left side of our “new” property so he can park 2 vehicles. His boundary from according to how drive has been gravelled cut up half our window. I have looked on land registry and spoke to existing 3 bed owner to confirm this. My only question is how to I check that the boundary has been measured correctly as I will want to put up a little picket fence. Where can I go to check?
Comment by AdamH posted on
Maria - it's rare for exact measurements to exist re where a boundary lies and invariably it is a matter of sharing information and understanding with your neighbour(s) and agreeing where it lies and what happens next. As the blog article explains you can check the registered details but the reality on the ground and any other information also comes into play. Have a read of our PG 40 supplements 3, 4 and 5 for more details https://www.gov.uk/topic/land-registration/practice-guides
Comment by Gemma posted on
Hi I have recently purchases a corner plot property which has a large wall along the side of the garden. This wall is starting to age being original to the property (1980s) It is 9m long and over 2m high.
I am hoping to be able to remove this wall and replace it with a fence. I know that changing walls and fences is permitable development however on the other side of the wall is a small piece of land of unknown ownership - possibly highways. This is approx 2m wide before the pathway.
Would I be able to remove the wall and erect a fence of 6ft height without planning permission?
Comment by AdamH posted on
Gemma - you would need to ask your local planning department at the council. They often have such details and answers on their websites
Comment by Craig posted on
I'm currently in the process of buying a property. The neighbour to the right has replaced a section of fence so thinks they have responsibility for our right border. The neighbours on the left have replaced a section of fence and think they are responsible for the boundary on our left. This cant be right. It is a semi detached house on long road and would make us the only property without any boundary responsibilities. I suspect that we are responsible for the right border because it has the t structure of the fence showing, the other side doesn't. Also I know that the right fence was replaced the other side of a hedge that is no longer there. The deeds are silent to the boundary responsibilities but it must be written somewhere. Potentially in the original conveyance of the house. How would I obtain such a document. Any advice appreciated.
Comment by AdamH posted on
Vraig - there are no hard and fast rules re such things and neighbours may often 'do their own thing' so you can end up with such a scenario. If the registered title refers then that can help give you an idea of what was originally in place but as you now appreciate things can and often do change.
We will only have any deeds referred to on the register as 'filed' so if you are looking for something else then we won;t have it and the odds are they were never passed on with each sale/purchase
Best advice if you want to change what has happened is to speak to the neighbour(s) and agree a way forward
Comment by David D posted on
I am removing a 2m high flank boundary hedge to the front of my property and replacing it with a 2m high fence. My neighbour is fine with this. Our land at the front stretches right to the kerbside (there is no public footpath). Can this fence be 2m high to the roadside or does it have to be reduced to 1m when approaching the kerbside? If so at what point?
Comment by AdamH posted on
David D - not something we deal with or can advise on I'm afraid so I would recommend contacting your local authority's planning or highways department for help
Comment by Katy posted on
Hi, I’m just looking for a bit of advice and wondering if you can help? A small section of my garden shares a party wall with a neighbouring property. They have the original wall (circa early 1900's) and we have fencing put in alongside it. Our neighbour has just informed us that his wall is starting to fall down and believes it’s because our fence has damaged the foundations of the wall. We have lived in this property for 5 years and the fencing was all in place when we moved in. He had said the onus is on us to pay for his new wall but he’s willing to split the cost. I have no idea whether we have to pay as we don’t know if it was the fence that damaged it and it wasn’t us who put the fencing in even if that was the cause of his wall. He is currently rebuilding the walls around the rest of his properly so it is clear that none of his boundary walls are stable and up until recently had used that area of the garden to store old cars.
Any advice would be gratefully received.
Comment by ianflowers posted on
Katy - Party wall provisions are separate to those covering registration. Please see guidance on GOV.UK - https://www.gov.uk/party-walls-building-works . In general terms, where you can't resolve this with your neighbour, you may wish to consider consulting a property professional such as a surveyor. The RICS website mentioned in the blog may be of assistance here. You may also want to consider getting independent advice, for example from Citizen's Advice or from a conveyancer such as a solicitor.
Comment by Julia A posted on
My daughter lives in a mid terrace house and is trying to work out which fences they are responsible for. There are no T marks on their plan but the deeds say they are responsible for the North, South and East boundaries. This is confusing because the house is on a diagonal so faces South East. Is it supposed to be a compass point North etc or is this a legal term that just means front, back, left and right perhaps? It's all the more confusing because all the neighbours to their left say they are responsible for their lefthand fences (which would be North West) but the neighbour to their right says the one on my daughters right is hers. That means she'd have both fences and the neighbour would have none while the remainder of the terrace would have their left also! Why would 2 houses in the middle of the terrace suddenly change direction?
Comment by AdamH posted on
Juliea - it would be a compass point reference. And who does what re which fence can vary over time and it is not always solely down to what an old deed may tell you as a result. As the blog article explains it is best to share information, both registered and otherwise, as well as understanding as to who has done what over time and then agree a way forward. If neighbours then want to formalise an agreement they can do
Comment by Julia A posted on
Thanks for your prompt reply Adam. I'll pass it on to my daughter. They've replaced the fence as they were told it was theirs but they want to sort out for future maintenance of it. Looks like they need to have a chat with all the neighbours! Many thanks.
Comment by Marie Nugent posted on
Hi, We live in a mid terraced house with a joint path between our gardens. The home owner (landlord) next door has agreed we can put a fence between us and remove the joint path. When we look at the land registry maps it looks like if we path straight up the middle we loose land at the bottom and gain at the top. How do we stand when we choose to sell our property? Do we need some sort of legal agreement?
Comment by AdamH posted on
Marie - if you are changing the registered details then you will need some form of legal agreement and potentially a need to change the registered titles. I'd suggest you seek legal advice as to what it is you wish to achieve and how to do that between the two of you. The main issue appears to be changing the use of the shared path so if you each have rights over each other's land that is presumably what needs to be changed and a legal deed would be needed for that
Comment by Marie Nugent posted on
Thank you, I have contacted a solicitor, downloaded the land registry maps for both houses and forward on for the legal work to begin.
Comment by Rhonda Mcnab posted on
Hi i am in the middle of a dispute with my neighbour over a old outbuilding that stands in my back yard....it is the old outside toilet that the neighbours are still using as a toilet.....extremely unhygienic as the building is in state of collapse...ie...holes in the walls where everything can be heard....i did tell my neighbours that once the house had been renovated and i had moved in then the outbuilding was being pulled down...i then received a solicitor letter telling me there had been a mistake made on my registered title and that the outbuilding belongs to my neighbours who have been using it since 1962....the average outside toilet stands at 4ft x 3 1/2 ft but the outbuilding in my yard is 9ft6x5ft8 bigger than most bathrooms to date....you can see where the entrance to the outside toilet has been block up....its a newer brick work than the original brick.....the only proof they have is a old ordnance map and word of mouth....i have a conveyance that dates back to 1952 that states...ALL THAT....and also the land forming (BEING ALL OF THE LAND)....there has been numerous searches ....priority searches for whole of the land and all come back as no adverse entries...no submitting entries...also absolute title...i have been told all of these mean nothing yet are taking the old ordnance map as evidence....should i carry on going through with the dispute of am i fight a losing battle and they will win the case with squatters rights...don`t know if im coming or going with it all....thank you
Comment by AdamH posted on
Rhonda - not something we can advise you on I'm afraid and it is very much legal advice you need as it's a matter of law as to have the legal ownership of the land/outbuilding if you are disputing ownership. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend as your land/property and neighbour are all unique to you so what may work for others may not apply to your scenario.
If the outbuilding and land is registered to you as part of your title then the issue is over what evidence they have to prove that they have taken ownership of it over the years.
Comment by Rhonda Mcnab posted on
Ok thanks for your help Adam
Comment by John Taylor posted on
I have a dispute with my neighbour (right hand side) as to where our boundary lies. I bought first by about two years. The plan attached to my purchase clearly shows the width of the plot. It also has a measurement accross the property to the left to the boundary of the site.
The boundary of the site (left hand side) was determined in a legal document that also had a plan and measurements to a fixed point.
My neighbour (via a surveyor) claims that the boundaries should fixed according to a survey with control points on it - shown as + on the transfer plan.
As a layman these are meaningless whereas measurements are easy to understand. Which is the correct method?
Comment by AdamH posted on
John - we cannot advise on what may or may not be the correct method for deciding such matters and very much something you would need to get legal advice on if you cannot agree. Alternatives are to see if the RICS (surveyor) website can assist in any way or try online forums such as Garden Law where such matters are often discussed/aired.
Comment by Timmy posted on
Due to a neighbour boundary dispute, the costs are escalating. He has offered a small sum in compensation. How much would it cost to re-draw the boundary?
Comment by AdamH posted on
Timmy - it can depend on how you decide to redraw the boundary but in most cases, whether you note an agreement or actually transfer part of your property the fee would be £40. Have a read of the blog article and associated/linked guidance and decide on how you are going to redraw the boundary and go from there. If your properties are mortgaged do bear in mind you may have to check with your mortgage lenders and/or get legal advice as well
Comment by KaN posted on
Our neighbor’s fence is in our land by appox 2-3 feet. They are unwilling to move the fence even though boundary is clear on the property documents. Do we have a right to move the fence following a formal notification to them via a letter?
Comment by AdamH posted on
KaN - it's legal advice you need here as to what your rights and indeed their's are. If you are looking for wider advice then online forums such as Garden law can be useful resources but you, your neighbour and the boundary are all unique to you so I would recommend seeking legal advice before taking any action
Comment by DylanG posted on
There is a retaining wall at the bottom of the gardens of a row of terraced houses, a section collapsed, and the owners wish to rebuild it. does this fall under the Party Wall Act? the wall does not appear on any deeds, and the land on the other side is scrubland,re with the owner of that land not having any interest or objection to the build. Do we need party wall agreement with neighbouring terraced properties? Their wall has partly collapsed but do not wish to participate in a joint scheme to rebuild?
Comment by AdamH posted on
DylanG - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by J Anderson posted on
A chap bought a building at the rear of my property about 15 years ago, since this time, we have had several arguments which have involved council. The land at the rear of his property and at the side of his property he has fenced off , put gates and built a brick wall around part of the land . Two years ago he chopped my fence down and smashed my garage with an axe, we ended up with police and council there. It took several weeks to establish that this was not his land or garage and he was told to take down the huge gate that he place at one end by the council. I have replace the fence that he chopped down. Its now two years later and he has started again. He has attached fencing to council fencing and the gate is back up. Now he is storing old fencing next to my fence, a caravan and other building materials. I have informed the council who have told me it is their land, these fences are over stacked over six foot high and are a fire hazard, it is now nearly three weeks since i told them and nothing has been done. I have wrote several times to local mp and now await a response , he told me to contact another mp which i have done , but had no response so i have wrote again to the same mp. Is there anything else I can do, police are not willing to come out unless it gets out of hand again. He always starts on bank holiday weekends, when he knows i can not get in touch with council until the following Tuesday when they open back up.
Comment by AdamH posted on
J Anderson - I am sorry to read of the difficulties you are having with the neighbour but I'm afraid there is nothing we can usefully add other than to seek legal advice as to what rights you have and what legal actions you can take. If you are looking for wider online comment/advice then online forums such as Garden Law and Money Saving Expert can be useful resources as such issues are often aired, discussed and commented on. But you, your neighbour and the issues faced are very specific to you so legal advice is always recommended
Comment by Rose posted on
HM Land Registry has failed to include a track along one side of a parcel of land. The track is clearly marked with a hyphenated line with S areas brace symbols along its length on our side and a solid line on our neighbours side.I have applied for possessory title for the track but my neighbour has written a letter of objection. Have arranged meeting with the neighbour. If the meeting does not have a satisfactory outcome this could cost a lot of time and money having an argument over what is a HM Land Registry mistake.
Comment by Ann Fox posted on
My fathers neighbor has started to build a rear extension to his property. when his architect drew up plans the drawing showed that he had crossed the boundary line. Since then the plans have been passed by local council and building has commenced according to the plans. The neighbor has admitted to crossing the boundary line but what do we do now? My father is a pensioner and doesn't understand these things and gets very confused I believe his neighbor is trying to pull a fast one knowing my dad is like this. Any advice would be a great help thankyou.
Comment by AdamH posted on
Ann - you need to seek legal advice as to how to prevent the neighbour encroaching. Planning are not required to check/confirm whether the building is encroaching on someone else's land. It is for that landowner to protect their ownership.
If you are looking for wider online advice then public online forums, rather than blogs, such as Garden law can be useful resources
Comment by annmarie fox posted on
Thankyou for your help.
Comment by Simon posted on
We have lived in our home for 20 years with normal, friendly relationship with our neighbour. Our home has been up for sale and suddenly on Sunday we were informed that they are disputing part of the land on which the house lies.
Put simply: 40 years ago the house was extended significantly and the builder over stepped the boundaries. There is no record of a historic dispute; there were no known disputes when we bought the house, and there has never been any kind of discussion between us about the issue.
Clearly this has to be resolved before we sell the house. Can anyone give an informed view especially on whether a claim for Adverse Possession is the right way to go since they have accepted the status quo for almost 40 years.
Comment by AdamH posted on
Simon - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend. Our PGs 4 and 5 deal with the registration of claims relying on adverse possession but any claim starts with the legal requirements rather than the registration ones https://www.gov.uk/topic/land-registration/practice-guides
Comment by Simon Watson posted on
Thanks for your help Adam. Much appreciated.
Regards
Comment by Phillippa Proudman posted on
Hi, was wondering if anyone could help my back garden is surround led by wall, at the back is a garage who have planted ivy and has been there long before we moved in 18 months ago. The ivy has caused damaged and on removal half the wall has collasped. I can not see who owns what all o got was i am responsible for the front wall. On the plan i have i can not see any T just the red line around my house. Either way i have to get the wall repaired but who's is it? I find it all very complicated.
Comment by AdamH posted on
Phillippa - your title register or your neighbour's may provide information about who owns or is responsible for boundary features such as fences, walls or hedges but generally only if this information was mentioned in the original deeds lodged with us when the property was first registered; or if your property was originally part of a larger piece of land or property and provision was made in the transfer from the seller to the first owner, for its ownership or responsibility.
I would recommend taking a look at any documents your solicitor may have given you when you bought your property to see if they mention anything about boundary features. That can include the registered details but also for example particulars of sale provided by the seller.
If you don't have a copy of the registered details then you can usually view/download a copy of the registers online and apply by post for a copy of any deed referred to as 'filed'.
I should stress that it is not unusual that neither your title register nor any deeds will contain any information about boundary ownership or responsibility.
Even if they do, the situation may have changed. For example, new boundary features might have been built and the owners at that time might have agreed who was responsible for them.
So, regardless of any information in the title register or in any deeds, it is probably best to talk to or write to your neighbour before doing anything to a fence, wall or hedge or other feature between your properties.
If the register or any filed deed(s) do contain information, the most common marking on deed plans indicating who owns and is responsible for the maintenance and repair of a boundary feature, is a 'T' mark. Such a mark normally means that the owner of the property into which the 'T' extends owns the boundary feature and is responsible for its maintenance. But you must read the wording in the deed to make sure this is the case.
So, I would recommend
1.Checking the information you received when you bought the house inc the register/deeds as well as any particulars of sale provided by the seller which can inc details of which fence/boundary they have looked after;
2.if you don't have a copy of the register or 'filed' deeds (if any) then obtain copies
https://www.gov.uk/get-information-about-property-and-land
3.Read, and ask your neighbour(s) to read, our guidance on boundaries so that you have a shared understanding; and
4.Try and agree with your neighbours a way forward that suits
Comment by Phillippa Proudman posted on
Hi Adam, thanks for that i have deeds from 1897 and some after that the lastest being 1954 to which was more land than i have now, as houses have been built and the garage at the back. I have a plan of my bounderies but it is just a red line around my hiuse and garden. The only information we got from the seller was the front wall was ours to maintain and all the others are unknow as who is responsible for. 1 neighbour are very forth coming in saying we will go halves and the otherside well are not but that bit of wall is fine, it was just the one at the back which then leads onto the garage, i havent got a problem with repairing the wall if it is mine but if its theres i begrudge paying it all and as it is 2 laters thick my side isnt bad its on there side that its going to fall down on the cars that are parked right up against it as it was them that planted the ivy in the first place and never maintained it cause it to push the wall half an inch apart.
Comment by AdamH posted on
Phillippa - understood and as such very much something to discuss and agree upon with your neighbours as appropriate. Every neighbour and every boundary are unique and their approach, attitude, understanding and what they were perhaps told when they bought can all impact
Comment by Phillippa Proudman posted on
Adam Thanks for your help will look into it
Comment by Nigel posted on
Dear Sir
My neighbour and I wish to make a small alteration to our border (a triangle width 4ft and 6ft along the border at the end of the garden) by mutual consent. Could you please advise me on the most appropriate process.
Comment by AdamH posted on
Nigel - I assume the land is being transferred from one party to another https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Whilst you do not have to use a conveyancer we would always recommend that you do as they are familiar with the forms/process and legal implications
Comment by Jean Davies posted on
Hi Adam, sorry it’s a long one! We’ve been in our house for 25 years this year, a small extension on the back of the house was already there when we moved in, at the back of the house there was a breeze block wall between the neighbours and our house which was dividing our properties, I have no idea how long ago it was built. About 20 years ago we put decking up at the back of the house and asked our then neighbours if it was ok to put up a fence attached to the wall, they were more than happy for us to do it. They moved out a while ago and we had a new neighbour who never mentioned the wall/fence/extension. Unfortunately she died about 4 years ago and approx a year ago the new neighbours took part of the wall between our properties down and have built decking up to our extension without consulting us on anything. He told my husband that the builder told him our extension was on part of his property! Which it is not. But whilst removing the wall between us the builder knocked off part of the corner brickwork of our extension which was not acknowledged by him or our neighbours (we eventually got a builder to fill it in for us) and we only found out the other day that the builder had knocked some of our render off of the side of our extension which he had re rendered and not to a good standard! We now have damp in the corner where the brickwork was knocked off and also where the deck meets our wall as it is above our damp course. The problem is that my neighbour is saying that the wall he removed does not have to be replaced and that the breeze block wall is on his land so it is not a party wall which on my deeds it states that the walls between us are party walls and that nothing can be done to them without consent of the other party. I have no idea who put the wall up how long it’s been up or what arrangements were made between the previous owners before we moved in. He is now saying that he wants to take part of the height down on the wall as it is cracking and told me our fence will have to come down where do we stand?
Comment by AdamH posted on
Jean - we can't advise you where you stand or what your legal rights are here. It's very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by RobS posted on
Hi Adam,
The property I bought in December 2018 has a boundary that extends out past the front garden, past the communal parking area and into and including the corner of the road itself. The corner has a lot of foliage, trees and bushes which now on the outer edge are growing to start covering the pavement. Should I be trimming the foliage or paying someone to do some upkeep or should the local council be taking care of this? I can only assume they were the one to put in the plants originally.
I hope this isn't too vague, I can try to provide more details if required
Comment by AdamH posted on
RobS - we don;t advise you on what you should or should not do in such cases or indeed what your responsibilities may be. We register the general boundaries of the title so if the land on which the trees/bushes are growing is yours then you may have some responsibilities to maintain it if it affects the road. May be worth contacting the council to ascertain what their responsibilities might be if the road is for example adopted and.or to advise on what responsibilities they feel you have as the owner.
If you are looking for wider comment/advice then online forums such as Garden law can be useful resources re such matters
Comment by Ben U posted on
Hello, our neighbour has built a garage wall that now forms part of the boundar (this used to be a wooden fence). We were happy with this. Our neighbour has agreed that they are responsible for the wall by gentleman's agreement. Do I need to make any formal changes?. Thanks
Comment by AdamH posted on
Ben U - entirely up to you and your neighbour https://www.gov.uk/government/publications/land-registry-plans-boundaries
If your properties are mortgaged then if you do formalise it you are likely to need to inform your lenders
Comment by Ben posted on
Hello, why would I need to inform lenders? Thanks
Comment by AdamH posted on
Ben - if you are affecting the registered title/extent then as the lender they may need to be informed/consent to any formalisation. They secured the loan against the title as was so if that is changed then your lender may need to be informed/involved. Just flagging in case so something to confirm with lender or your mortgage conditions for example
Comment by helen posted on
hello,I am currently in a council property,the property that backs onto me also is council,twice I have been refused fencing work to be done by council,the state of fencing has not changed,it was getting unsafe for my dogs to be out,so I was advised,if I dont change boundary fence in any shape or form,then I could erect a secondary fence up,this was discussed via a council employee twice,now they are wanting me to take the secondary fence down,so they can renew boundary fence,when I paid £1000 to erect secondary fence,can they legally make me take it down,has boundary fence was not touched? thank you.
Comment by AdamH posted on
Helen - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Babs posted on
Hello,
I am in an independent house with no fencing on the right. My deeds says I am responsible for the boundary on the left and not the right. The property is on a hill and so the garden is terraced. The neighbour who is on the right and on the lower level has no retaining wall for that portion of the garden and has a rickety fence. With pressure from the land there is a good chance that my land will start slipping into the neighbours due to lack of a retaining wall - the fence has started to break away. The neighbour wants no work to be done from their side as we wanted to have a fence but the tradesman have said that unless the fence is built atleast two meters from the boundary then there is a chance that the land will collapse into the neighbours due to lack of a retaining wall - which means we will lose a good portion of our land from the boundary. My query is who is responsible for creating a retaining wall - i read somewhere that the lower level property has to ensure that the land is retained - but I'm not sure. Also if my land does start slipping into the neighbours then who is responsible. Thank you
Comment by AdamH posted on
Babs - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Babs posted on
Hi,
Thank you
Comment by Jon posted on
Thanks ChrissieA; very true about putting off future purchasers so somewhere on my life's "to do" list is to get a formal boundary agreement with the neighbours, handing them the land and ensuring the LR plans (etc) line up with the revised features on the ground. I asked the vendors of my property to do this before I bought the property but it became clear they'd rather loose the sale than concede the land. Psychologically its much easier for me to do this, having never been emotionally attached to the contested area in the first place (its just a "behind the shrubs" place to keep a wheelbarrow or pile of bricks, really). I would urge people to remember that if the land is not actually critical to you then life's too short to get wrapped up in wrangling just on point of principle.
Comment by ChrisB posted on
Can anyone please advise.
We moved into a property in July last year, we recently uncovered documents ref land boundaries, an official surveyors report carried out in 1994 also solicitors were used.
However this was not handed to us or made aware of by our solicitor or the sellers solicitor, since then land registry have confirmed that our original title deeds show actual boundary, this document was never given to us, we were only given an ordinance survey copy.
We also have noticed that both our neighbours have moved fences, these neighbours are not the original owners, they also were aware verbally of a boundary issue, but thought it had been put to bed.
We have spoken to both neighbours,
Neighbour 1 - wants a survey carried out, because their not accepting the one carried in 2004
Neighbour 2 - basically dies t want to chat and has stated they will go fir adverse possession.
The boundary has been defined, a survey had been legally performed, the land is registered on our original title deeds and land registry has confirmed all the above, even the encroachment.
My question is this: do we have a leg to stand on claiming land back as we’ve just posted a note to one neighbour requesting to remove there fence from our land?
Comment by AdamH posted on
ChrisB - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law can be useful resources but it's still legal advice we would recommend
Comment by Singh posted on
I have a shared passageway with my neighbours. I am wanting to put a step on the door so we can step into our house with ease as its a high door. The passageway is very wide. Do i need any sort of authorisation to put the step in. The proposed step is very narrow a brick width. It wont affect usage of the passageway. Bins push chairs etc can easily pass through with the proposed step. Can anyone advise me.
Comment by AdamH posted on
Singh - we can't advise you and would recommend that you seek legal advice and/or try online forums (this is a blog) such as Garden Law where such matters can often be aired/discussed
Comment by David Bird posted on
We have a property that borders against a former limestone quarry, we have an access drive along side it, the neighbour's are currently excavating to increase their lawn, which is approx 3m below us, we have questioned them about the party/boundary wall act, but they have dismissed this, on their deeds there is a covenant that states that they are responsible for the maintenance- and repair of the quarry faces, which they have never done, what are our rights if the quarry face collapses?
Comment by AdamH posted on
David - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Sharyn metcalfe posted on
I am usually away on my annual holidays these 2weeks which my neighbour obviously knows but too her dismay I am at home so she decided on Tuesday 11th June 2019 to inform me by an informal note pushed through my letterbox she has arranged to have my boundary fence changed without my permission as the said fence is my property on my deeds.Can I stop this ?. All my climbing plants and shrubs will be disturbed as would all my garden lights I have fastened to my fence. How would I have stood if she had done this while I was away from home .
Comment by ianflowers posted on
Sharyn - We essentially have an administrative role in registering ownership and other interests in land and can't assist with disputes concerning activity on the ground, I'm afraid. As mentioned in the blog, declarations and markings as to boundary features in deeds can assist in discussions with your neighbour, but there are no hard and fast rules. You may want to consider taking independent advice concerning the legal position in this situation. The blog signposts the Royal Institute of Chartered Surveyors' helpline and other options include Citizen's Advice and consulting a legal professional such as a solicitor.
Comment by Osm posted on
If a squatter did not make an application for adverse possession when he has already met all the requirements for adverse possession, can I stop him from making an application by acknowledging him that he is a trespasser? Or I am losing this piece of land anyhow under Limitation Act 1980?
Comment by AdamH posted on
Osm - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by janet court posted on
in the hope of some help, i live next door to a housing association property but the tenants have failed to maintain the garden it had become over grown with brambles and pushed my fence over they have also put wood and rubbish between the wall and fence. the fence has now fallen down in places including the posts so i have fence posts with nails sticking out , the rest of the fence is being held up by my garden chairs up. With my back to the house the fence is on the right. i have spoken to the housing association 9 weeks ago they are being difficult, saying they are only responsible for the property not what the tennents do. They have sort of cleared the garden but cut the brambles above the wall leaving the the ones grown over the wall there. is there any thing i can do about this
Comment by AdamH posted on
Janet - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by John posted on
Hi
do you have to be the named title owner on house deeds before you can start bringing boundary disputes to court. I.E proof you are the legal owner of the property
Comment by AdamH posted on
John - we would not be able to advise you on the legal requirements/court process I'm afraid so something to get legal advice on
Comment by shelley posted on
Hi - we are buying a property that has a shorter garden than the neighbours on both sides of us. We were informed the house at the back bought a piece of the garden in 2000, which is fine. However on the title deed search there is a second piece of land/garden behind our garden which is still owned by the original owners of the house we are buying Title Absolute. Our garden just has a fence at the back and then it goes onto the garden of the house at the back. So one of our boundry's is on this piece of land. Before we exchange we just want to know that our supposed garden is not on someone elses land. The plans seem to look like this bit of land is our garden. We seem to have no way of knowing.Our solicitors cannot help, they 'strongly advised' us to investigate??, the estate agents don't have a clue and the sellers solicitor (whom dealt with the original purchase 2 years ago) just advised that the land does not form part of the title, very vague. We asked if someone could just confirm the measurements of the garden so we can be sure what we are buying will be ours, but no-one seems to be able to help, we just keep getting told plans are a rough guide, and no measurements are used.
Comment by AdamH posted on
Shelley - very much something only you, the conveyancers involved and the seller can solve. Whilst the title plans show the general boundaries, if part of the garden you believe you are buying is not included then that should be fairly clear and something to raise with the seller. It seems you have already established that part of it is outside of the title and still owned by someone else. If so then that will need to be resolved with the seller.
However if you are unsure as to whether the land is included or not then a surveyor (RICS) can be employed to survey the site and report back to you but this reads as if it is something the seller/conveyancer should be able to assist you with.
Comment by Z posted on
Hello,
My dad purchased a 3 bedroom property and over 15 years ago and renovated the back garden and built a kitchen extension. There was no fencing at the back and the builder went along the existing marks in the ground from where a previous fence was. The builder also built an outbuilding at the back over some existing markings.
Last year we received a letter from the council saying we were being taken to court because we had built over the boundary line and onto their property. The property to the right had an elderly couple who passed away and went to council hands after her death. The property has been derelict, boarded up for a few years now.
We called the council and asked them to come out. In the space of a few months they came out a few times and made several different markings of where there thought the true boundary line was.
We queried why they were making different markings each time and to see the plans they were working off.
The council did not respond for about 4 months and finally came back making different markings more on our side. We again queried to see what plans they were working from and why it kept changing.
We informed the council at the beginning we wanted to sell the property.
We have recently sold the property to a developer and informed him of the boundary markings, but he for some reason did not change anything saying there were too many markings and he did not know which one to work from.
The property is still under my dad’s name, it is under offer, the council have know come back saying they are going to take us to court for not changing the boundary line.
We want to resolve this situation and have nothing more to do with it, also not pass on to the new owners.
Please advise
Thanks
Z
Comment by AdamH posted on
Z - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend.
Comment by Z posted on
Thanks Adam.
Where can I see the original boundary lines and measurements for the property?
Z
Comment by AdamH posted on
Z - the title plan is what we prepare and that shows the general boundaries of the registered title. Have a look at our Practice Guide 40 supplements 3 and 5 though for more guidance https://www.gov.uk/topic/land-registration/practice-guides
Comment by Lee S posted on
Hi,
We purchased the Leasehold of our detached property last year. My solicitor gave us a copy of the Land Registry for the land. However, the border line (shown in red) has changed between that shown before and after the purchase. There is a private road to the left of my property. Previously, the boundary line extended into the middle of that (and my friendly neighbour's extends into the middle from his side).
My solicitor says this shouldn't be of concern as the Land Registry have digitised the records. But, the info I have is of the digitised records.
Should I be concerned that I appear to have lost some land?
Comment by AdamH posted on
Lee S - the devil is always in the detail re such matters but whether you should be concerned is a matter for you and your legal adviser to discuss. There can be reasons why a title is registered up to the middle of an adjoining road - see section 11.1 of our PG 40 supplement 3 https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3#general-boundaries
If you want to enquire as to when and why the title was changed then please submit the specific details using our online contact form https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
Comment by LISA JONES posted on
Hi.
We have a boundary issue that we have tried to resolve with Land Registry but are not getting anywhere.
Our house was built in 1961. We bought the house in 2006. The people we bought the house from bought it in 1966. As part of the conveyancing, we were provided with a copy of the original developers plan from 1961 that was registered with Land Registry as a Transfer Deed in 1962. On that document it shows a firm boundary line for our house and all the others in our road. It also gives measurements for the land within the boundaries.
To the LHS side of our house is a large field.
At the bottom of our garden we have a ditch (approx. 2.5m wide x 20m long) that runs into a natural pond at the bottom of our LHS neighbours garden. This ditch used to run through the bottom of the gardens of 11 houses but over the years as it dried up, 8 of the houses filled it in. We also have a house at the bottom of our garden that was built in 1994.
We have recently had cause to look at the boundary for our garden because of some large remedial work that needs doing to the ditch and it was bought to our attention that Land Registry have our ditch registered to the owner of the field.
In 1980 - 9 houses in our road, from the front of our house, not in our row of SD houses, bought land from the owner of the field to extend their garden, all had the same size piece. A new plan was then registered with Land Registry at that time, for the field, with a new 'red line' and whoever drew it added our ditch to the boundary of the field! The then owners of our house were none the wiser as they were not involved in the purchase.
When the house at the back of us was built in 1994, the plan for that house that was registered and their boundary takes in half of the pond that is at the bottom of my next door neighbours garden, which is correct. When we bought our house, we were advised that our 'red line' was correct and that Land Registry 'red lines' are always a bit ambiguous, so we didn't worry.
We have been maintaining this ditch and all the trees and shrubbery on the banks of it for 13 years and the owners previous to us, for 40 years
So we don't have a boundary issue with a neighbour as such, but with Land Registry as they refuse to accept our word that this ditch is in our boundary and are not going to correct the Title Plan for our house, even though I have provided them with every piece of available documentation I have, including the Original Transfer Deed from 1961.
Interestingly, our village is part of a Local Authority 'Neighbourhood Plan' for development. In December 2018 we viewed the councils development plan for our village and the field at the side of us is earmarked for development (700 houses). On their map/plan submitted to them by the owner of the field, our house and garden are shown along with all the others in our road - but no ditch! We asked the council about it, and they said they didn't know it existed, the field owner hadn't drawn it in!
It seems to be a colossal mess. Can you advise me what we can do, where do we go from here? We do not have the amounts of money needed for solicitors and surveyors and it seems to me we would be bearing the brunt of someone else's mistake.
Thank you.
Comment by AdamH posted on
Lisa - this is a blog by HMLR so if you have tried us through the registration/enquiry channel then there's nothing we can add here I'm afraid. If you cannot get legal advice then I would suggest trying online forums such as Garden Law where participants are always discussing such matters and will, I am sure, offer you advice. However as you, your neighbours and the boundaries are all unique to you it is very much legal advice you need here
Comment by Lisa Jones posted on
I'll try that, thank you.
Comment by James Black posted on
We have had long running issues of harrasment, intimidation and general obnoxious behaviour from our neighbour over the last 18 months. Police have been round and spoken to them and we had mediation where we have tried very hard to keep them happy. Unsuccesfully. We recently went away for a month while we had builder in our house and trying to be decent neighbours, informed next door what was happening and arranged for any deliveries, concrete etc to be done at times where they would not be inconvenienced (they have a right of way over our drive). When we returned 4 weeks later our builder told us they had been on our land working for a week, excavating in our property and had put a fence up, posts a couple of inches into our side and quite obvious as their side is concrete, ours gravel so the boundary is clear. Also, the footings for the posts must be further into our property. As we were not asked and they were in full knowledge that we were not at home is this trespass and criminal damage? Can we make them move the fence? We are terrified of the repurcussions but sadly the nicer we are the more they walk all over us. We have also had instances in the past of them complaining about our house (it is in mid restoration but never blocks their access or creates dust, noise) and they have walked around our garden, off the right of way taking photos including in through our lounge windows. I have copies of these photos as they sent them as a complaint and would assume this another account of trespass, nuisnace and harrasment? We are both suffering horrible anxiety every time we go out onto the drive or garden as they film and watch us and we are afraid it is affecting our health. This list goes on more but I will leave it here for now. Any help appreciated. Thank you.
Comment by ianflowers posted on
James - I am sorry to hear of the difficulties you have experienced. We essentially have an administrative role in registering ownership and other interests in land and have no involvement or jurisdiction regarding disputes over the actions taking place on the ground. You may want to consider seeking independent advice if you have not already done so, for example from Citizen's Advice or from a legal professional.
Comment by James Black posted on
Ian, thank you for your reply and advice. We will contact citizens advice. Kind regards
Comment by Angela posted on
Hello, please advise. We bought our house in 2014. It has a block paved drive which is in line with our neighbours garage, and her tarmac drive. There is a 2ft high fence dividing the two drives, set within the block paving, again, this was here when we bought the house. We changed one of the 2ft panels at the top of the drive to 6ft high, the same footings and the same width of panel, it just gives us some privacy in the back garden. Last year (2018), long story short, the neighbour said we had stolen land as the block paving is on part of her land, she agreed with our previous owner he could align the blocks with her garage. This was never disclosed in any shape or form to us, we just assumed it was our drive, as its all block paved, and, whether she agreed with previous owner or not, she didnt agree with us to re-erect the fence on that land, and is now threatening court for trespass. She wants the block paving and the fence moving a few inches to the east (which is towards our property), as she puts it, on our land. We dont seem to have any rights, though we bought this house as it is? Any comments much appreciated.
Comment by AdamH posted on
Angela - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Angela posted on
Ok, thank you.
Comment by Christie posted on
we are looking into building on our garden for a separate house, how would we go around changing the boundry lines on our current house for when we sell? Thanks
Comment by AdamH posted on
Christie - when you sell you would prepare a plan to define the extent to be sold/retained for example. Have a look at section 3 of our PG on plans https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications
Comment by DarrenC posted on
Hi
We have a boundary fence along our driveway, which goes up the side of our house. The neighbours side is garden and approx 6m from their house.
The fence is a mix of different height mixed panels and loose or leaning concrete posts. Some of the panels match the ones that go along the front of our property and a metal disused gate post (which was used by our property) is at the road end on the line of the fence.
Last year we offered to replace the fence and posts which the neighbour initially agreed to, however claiming it was their boundary and they would pay for the panels.
However the work stalled and they will not agree to us continuing.
However I find no evidence that the boundary is theirs, in fact I believe it is our boundary, or at the very least undefined.
Is there a process that we can use to get past this stalemate?
Comment by ianflowers posted on
Hi. I am sorry to hear of the difficulties you have experienced. As mentioned in the blog, the title information such as the register will sometimes contain information on the ownership / maintenance of boundaries, but those title records are often silent about this. In the absence of any other information, such as information disclosed by the seller when buying a property, then usually the only course is to regard the structure as a party or shared boundary. Even where there is information available, this is usually only of use in reaching an agreement with your neighbor. The RICS helpline mentioned in the blog may also be of help to you.
Comment by MikeJ posted on
Hi, I could really do with some advice:
We bought a property and it shows our boundaries which we accepted. But looking back on past conveyance papers it shows a plot of land at the back which all other houses on the terrace have as gardens, has since been built on by the owners of the land next to us (formally a petrol station now a car wash) and who owned our property some 30 years ago.
I’ve checked planning permissions and there have been plans submitted but rejected to build on this land. A section of our front garden was also taken. There seems to be boundary pictures missing between a couple of sales of the property so I’m thinking they have just built on the back land and taken the front bit seen as they owned all of it anyway then sold it with new boundaries but surely they couldnt merge the two properties land together as they both have their own boundaries?
I hope that all makes sense!
Comment by ianflowers posted on
Mike - It's difficult to comment in general terms, as much will depend on the particular circumstances, but when your property was originally sold off - you mention 30 years as a possible timescale for this, the conveyance or transfer of ownership deed will have indicated the boundaries of your property which is normally registered under a separate title in the name of the 1st buyer. The seller normally retains the remaining land under the original title number. It is possible that we may have retained a copy of the original conveyance/transfer for your property if you do not already have access to this. If so, you can make a postal application to obtain a copy for £7 - https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds .
It is also possible that the boundaries on the ground may have changed over time, for example, by encroachment. We essentially have an administrative role in registering ownership and other interests based on applications made to us and we have no responsibility or control over this sort of activity. You may want to consider taking independent advice if you're unsure of the legal position, for example from Citizen's Advice or from a legal professional. The RICS helpline mentioned in the blog may also be of assistance.
Comment by MikeJ posted on
Thank you for the quick reply Ian.
I’ve spoken to a couple of neighbours who have lived here for a long time and they mentioned the owners of the land the garage is built on just built this massive industrial unit - with the end of it on the land originally on the feeds to my house.
I will do some further investigating and see what I find because I kind of would like the land what’s left back or compensating in some way.
Thanks again for your advice
Comment by ianflowers posted on
I should mention that planning approval / consent and land registration / ownership are entirely separate and distinct, but the information in planning documents held by the local authority may assist you in this matter.
Comment by Susan Griffiths posted on
My neighbour had laid a new driveway, he didn't discuss the boundary with me beforehand and his builder has decided where the boundy is, My driveway curves 3/4 of the way down towards my. His driveway followed the curve the same as mine, there was a soiled area that was covered in bushes between our properties.
The driveway he had put down doesn't follow the curve of the driveway and he has taken a portion of my soiled area.
My question is why is it up to me to prove he has taken some of my land, why doesn't he have to prove that where he has laid the driveway is his land? And why is he allowed to just decide himself with no repercussions.
He has also laid his Virgin Media cables under my land as the builder didn't put them under his driveway so he came over to my property and dug a channel and buried them under the ground .
Comment by ianflowers posted on
Susan - I am sorry to hear of the problems you have experienced. We essentially have an administrative role in registering ownership and other interests in land and have no jurisdiction or control over disputes regarding the action taken on the ground.
The general position would be that under property law as it stands, where there is a dispute between owners that cannot be resolved, there are other options available such as mediation. But failing that, such disputes ultimately may have to be resolved in other jurisdictions such as the courts. If you're unsure of the legal position relating to these actions, you may want to consider seeking independent advice, for example, from Citizen's Advice or from a legal professional such as a solicitor
Comment by Steve Hampton posted on
Hi
Seeking some advice here on works I have planned for a new driveway.
Back in 2017 my neighbour decided to update his front driveway and at the time built walls and pillars against my wall (there were no walls his side and my wall was less than a metre acting as the boundary line)
My question is what options I have when it comes to my wall line as I'm thinking of planting a hedge rather than having a low wall for better privacy.
I was never consulted or gave any consent to my neighbours new walls which was built right up against my wall / boundary line so I'm thinking if I have any right to ask them to remove his wall or making sure I can protect my right to plant a hedge without being at risk of the neighbours asking it to be removed. Also follow the removal of my lawn we discovered an inspection chamber which their new walls is built over restricting access of it.
Comment by AdamH posted on
Steve - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Garden Law or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Daisy posted on
Hi,
Don't know if this will come under 'boundaries' but hoping someone can please advise.
I was hoping to put a granny annexe in a relatives garden but have discovered that the ideal area for it fall outside the curtilage of the garden. This area has always been used as garden as far as I know and is just the lower part of the L shape. Although not as cultivated as the main section, it is regularly mown and has a few trees (as does the main section) an old shed base and some benches and used for bonfires, log storage etc.
Is there anyway I can find out why or when this curtilage was added? It is deemed countryside, however there is a plethora of surrounding countryside and there doesnt seem the need to also use section of someones garden.
Would permission for change of use, or the granting of a Certificate of Lawfullness ever be possible?
Comment by AdamH posted on
Daisy - as to it's use/being agricultural you would need to contact the local authority who manage 'land use'. If you want to 'claim the land' then I would recommend seeking legal advice. Whilst our Practice Guides 4 and 5 explain how such claims might be registered it is the legal requirements you would need to meet first https://www.gov.uk/topic/land-registration/practice-guides
Comment by Daisy posted on
Good morning Adam,
Thank you for your prompt reply.
Sorry I wasn’t clear enough with regard to the land. It actually forms part of the grounds of the property and is owned by the householder. However, it is marked by a jagged line on boundary plans and coloured grey, we were told that makes it outside the curtilage of the house and it is considered countryside. It is not agricultural. Would that make any difference to getting permissions for the above annexe?
Regards, Daisy
Comment by AdamH posted on
Daisy - many thanks but still very much a Q for your local authority. We don;t use jagged lines or grey tinting so the plan is not one of ours.