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https://hmlandregistry.blog.gov.uk/2018/02/27/drawing-the-line-on-boundaries/

Drawing the line on boundaries

Posted by: , Posted on: - Categories: Buying and selling property, Law and practice

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.

Suburban fence panels have fallen down, making the boundary unclear.

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

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1,322 comments

  1. 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.

    • Replies to Karen>

      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.

      • Replies to AdamH>

        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.

        • Replies to Libby B>

          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.

          • Replies to AdamH>

            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

          • Replies to Sadie>

            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.

    • Replies to Karen>

      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

      • Replies to Christopher Wagstaff>

        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

      • Replies to Christopher Wagstaff>

        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.

        • Replies to chrissieA>

          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.

          • Replies to ianflowers>

            Comment by chrussueA posted on

            I am a barrister specialising in Land Law. I dont need legal advice thank you. I'm giving it.

          • Replies to chrussueA>

            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.

          • Replies to ianflowers>

            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?

          • Replies to JenniferT>

            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.

        • Replies to chrissieA>

          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.

          • Replies to LisaD>

            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.

          • Replies to JenniferT>

            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

        • Replies to chrissieA>

          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.

          • Replies to Jon>

            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!

          • Replies to Jon>

            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.

        • Replies to chrissieA>

          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?

          • Replies to Topic>

            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

          • Replies to Topic>

            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?

          • Replies to Topic>

            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.

          • Replies to Topic>

            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.

          • Replies to Topic>

            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?

          • Replies to Aranya>

            Comment by AdamH posted on

            Aranya - if you both agree then that can be a way forward

        • Replies to chrissieA>

          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

          • Replies to Amy>

            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.

          • Replies to Amy>

            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.

          • Replies to Amy>

            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.

        • Replies to chrissieA>

          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?

        • Replies to chrissieA>

          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?

        • Replies to chrissieA>

          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?

          • Replies to NBratton>

            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.

        • Replies to chrissieA>

          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

          • Replies to Julie>

            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.

        • Replies to chrissieA>

          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!

      • Replies to Christopher Wagstaff>

        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?

        • Replies to Cat>

          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!!

          • Replies to Topic>

            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.

          • Replies to Topic>

            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.

          • Replies to Topic>

            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?

        • Replies to Cat>

          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.

          • Replies to Amy>

            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

      • Replies to Christopher Wagstaff>

        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.

        • Replies to david gregory>

          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)

    • Replies to Karen>

      Comment by Lisa posted on

      Hi karen I have exactly the same issues but now claiming liability via la insurance company.

      • Replies to Lisa>

        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

    • Replies to Karen>

      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?

      • Replies to Davina Harley>

        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

        • Replies to AdamH>

          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.

          • Replies to Davina Harley>

            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.

        • Replies to AdamH>

          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.

      • Replies to Davina Harley>

        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.

        • Replies to Aidan>

          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.

    • Replies to Karen>

      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?

      • Replies to Eftichios Neocleous>

        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

    • Replies to Karen>

      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?

      • Replies to Matthew>

        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

  2. 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

    • Replies to 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

  3. 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.

    • Replies to Mrs Susan Fowler>

      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

  4. 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 ?

    • Replies to Walter>

      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

  5. 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 .

    • Replies to Gordon sanderson>

      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.

  6. 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!!

    • Replies to Lady Pippin>

      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.

      • Replies to AdamH>

        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.

        • Replies to Lady Pippin>

          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.

      • Replies to AdamH>

        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.

        • Replies to Lady Pippin>

          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

          • Replies to AdamH>

            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.

          • Replies to Lady Pippin>

            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

  7. 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?

    • Replies to liz>

      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.

  8. 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!!

    • Replies to Lady Pippin>

      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

  9. Comment by Lady Pippin posted on

    oops should have said "the other document came about" !!

  10. 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?

    • Replies to JohnH>

      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.

  11. Comment by JohnH posted on

    To AdamH
    I have refused to sign the TP1 at present, for this reason.

  12. 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

    • Replies to J Pope>

      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

  13. 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?

    • Replies to Patrick>

      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

  14. 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.

  15. 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?

    • Replies to Jim Kendall>

      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.

  16. 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

    • Replies to David>

      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

  17. 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

    • Replies to ted>

      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.

  18. 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

  19. 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

    • Replies to Annette>

      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

  20. 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.

    • Replies to Martin>

      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.

  21. 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.

    • Replies to Stuart>

      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.

  22. 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?

    • Replies to Tammy butler>

      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

  23. 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

    • Replies to john clarricoats>

      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

  24. 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.

    • Replies to E Hudson-Slade>

      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

      • Replies to AdamH>

        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.

  25. 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.

    • Replies to Sally Grylis>

      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

  26. 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

    • Replies to Douglas>

      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

  27. 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.

    • Replies to Mr R C Hardy>

      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

  28. 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??

    • Replies to Kiwikins>

      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

  29. 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.

    • Replies to David Whelan>

      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

  30. 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.

    • Replies to Mark McLoughlin>

      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?

  31. 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.

    • Replies to Martin Dingle>

      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

  32. 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?

    • Replies to Neil>

      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

  33. 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

  34. 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

    • Replies to Jamie Mcglade>

      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.

  35. 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

    • Replies to Tracy Kacperski>

      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.

  36. 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?

    • Replies to Anne Glencross.>

      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.

  37. 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??

    • Replies to vpg>

      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

  38. 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.

    • Replies to Hayley Wakeford>

      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

  39. 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?

    • Replies to anthony corkin>

      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

      • Replies to AdamH>

        Comment by anthony corkin posted on

        ok thanks Adam.

  40. 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

    • Replies to Janine>

      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.

      • Replies to AdamH>

        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

        • Replies to 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

  41. 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.

    • Replies to Jane>

      Comment by AdamH posted on

      Jane - you'd need to contact the relevant local authority to see if planning permission is required

  42. 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?

    • Replies to Angela>

      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

      • Replies to AdamH>

        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?

        • Replies to Angela>

          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

  43. 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?

    • Replies to Kathy A>

      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.

  44. 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

    • Replies to Chequetere>

      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.

  45. 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.

    • Replies to Paula>

      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

      • Replies to AdamH>

        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.

  46. 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

    • Replies to Gavin>

      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

  47. 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?

  48. 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

    • Replies to Tommy Divers>

      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.

  49. 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.

    • Replies to deb>

      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.

  50. 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?

    • Replies to Bibby>

      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.

  51. 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?

    • Replies to Different Deb>

      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

  52. 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?

  53. 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.

    • Replies to Miss Dowdle>

      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

  54. 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 ?

  55. 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

    • Replies to Colin>

      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.

  56. 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.

    • Replies to Sarah jones>

      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.

  57. 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,

    • Replies to Patricia>

      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.

  58. 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.

    • Replies to Selina>

      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

  59. 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

    • Replies to David Humphries>

      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

  60. 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

    • Replies to Zenno>

      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.

  61. 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?

    • Replies to Lisa>

      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.

  62. 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?

    • Replies to Alec>

      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.

  63. 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

    • Replies to Gill>

      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

  64. 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?

  65. 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

    • Replies to Micky>

      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

  66. 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?

    • Replies to Vicki Alexander>

      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.

  67. 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?

    • Replies to Louise evans>

      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

  68. 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?

    • Replies to Diane>

      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

  69. 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

    • Replies to Catherine Carter>

      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

  70. 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.

    • Replies to Fred Moore>

      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?

  71. 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?

    • Replies to Nicola Setchell>

      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

      • Replies to AdamH>

        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?

        • Replies to Nicola Setchell>

          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

  72. 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?

    • Replies to Andrea Roberts>

      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

      • Replies to AdamH>

        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

        • Replies to Andrea Roberts>

          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

          • Replies to AdamH>

            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

          • Replies to Andrea Roberts>

            Comment by AdamH posted on

            Andrea - how are they going to correct it? What is the title number involved?

          • Replies to AdamH>

            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

          • Replies to AdamH>

            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

          • Replies to Andrea Roberts>

            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

  73. 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

    • Replies to Mick>

      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

  74. 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.

  75. 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?

    • Replies to Medit>

      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

      • Replies to AdamH>

        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.

  76. 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.

    • Replies to K. Flowers>

      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

  77. 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

    • Replies to jayne>

      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.

  78. 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.

    • Replies to Tom Duffy>

      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

  79. 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?

    • Replies to Charlie>

      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

  80. 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.

    • Replies to karen>

      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

      • Replies to AdamH>

        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

        • Replies to 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

  81. 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

    • Replies to Fiona>

      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

  82. 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?

    • Replies to Carole Mason>

      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

  83. 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?

  84. 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?

  85. 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?

  86. 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?

    • Replies to Bryan Hindle>

      Comment by Bryan Hindle posted on

      Think I've found the answer.
      It indicates it's all one parcel of land.

      • Replies to Bryan Hindle>

        Comment by AdamH posted on

        Bryan - that is correct. They are OS markings known as 'braces'

        • Replies to AdamH>

          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

          • Replies to Richard Drew>

            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

  87. 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

    • Replies to Stuart kirtley>

      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

  88. 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?

    • Replies to Paul>

      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

  89. 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?

  90. 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?

    • Replies to VickyBee>

      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

  91. 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?

    • Replies to Colin>

      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.

  92. Comment by Colin posted on

    Thanks Adam, would this also be the case if we wanted to fell trees growing out of the hedge?

  93. Comment by Colin posted on

    Thanks again. So should we contact them even if our solicitor confirms that we would own the whole boundary.

    • Replies to Colin>

      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

  94. 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.

  95. 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.

    • Replies to Claire>

      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

  96. 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.

    • Replies to Julie c>

      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

  97. 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?

    • Replies to David R>

      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.

  98. 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.

    • Replies to Sue>

      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

  99. 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 !

    • Replies to Sarah>

      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

  100. 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.

    • Replies to Sunny>

      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.

  101. 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.

    • Replies to Michelle Old>

      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

  102. 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

    • Replies to Nick>

      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

  103. 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.

    • Replies to Marie>

      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.

  104. 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?

    • Replies to Pam>

      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

  105. 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!

    • Replies to Nigel Whitten>

      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

      • Replies to AdamH>

        Comment by Nigel posted on

        Thanks for the response, Adam!

  106. 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?

    • Replies to Susan Menzies>

      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

  107. 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.

    • Replies to Emma>

      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.

  108. 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

    • Replies to Nigel Jones>

      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.

  109. 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?

    • Replies to Carol>

      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.

  110. 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?

    • Replies to Sadiq>

      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.

  111. 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?

    • Replies to Gaz>

      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

  112. 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.

    • Replies to Christina>

      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.

      • Replies to AdamH>

        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?

  113. 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.

    • Replies to Tara Roden-King>

      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.

  114. 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.

    • Replies to Joan Hudson>

      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

      • Replies to AdamH>

        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

        • Replies to 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.

          • Replies to AdamH>

            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.

          • Replies to Mrs Joan Hudson>

            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.

  115. 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.

  116. 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?

    • Replies to Mrs S Broadway>

      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.

  117. 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?

    • Replies to Laura>

      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.

  118. 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?

    • Replies to Martine>

      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.

      • Replies to ianflowers>

        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.

        • Replies to Tim.C.>

          Comment by AdamH posted on

          Tim C - you'll need legal advice as to how to interpret the deeds and that specific statement

        • Replies to Tim.C.>

          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.

  119. 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

    • Replies to Ange>

      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

  120. 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!

    • Replies to Cathy Ball>

      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?

      • Replies to Cathy Ball>

        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.

  121. 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.

  122. 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.

    • Replies to Chris Dunworth>

      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

  123. 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.

    • Replies to Miss C>

      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.

  124. 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?

    • Replies to Timothy Carpenter>

      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.

  125. 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.

    • Replies to Luke Fetherston>

      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 .

  126. 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

    • Replies to Helen>

      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

  127. 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!!

    • Replies to Elizabeth>

      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.

  128. 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?

    • Replies to Elizabeth Cameron>

      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.

  129. 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.

    • Replies to Tim Martin>

      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

  130. 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.

    • Replies to Pete>

      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

  131. 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

    • Replies to Simo lywood>

      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

  132. 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?

  133. 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

    • Replies to Richard Norman>

      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

  134. 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

    • Replies to 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

  135. 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?

    • Replies to Mixy>

      Comment by AdamH posted on

      Mixy - something to discuss and agree next steps with your neighbour and/or seek legal advice upon

  136. 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

    • Replies to AmW>

      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

  137. 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.

    • Replies to A Jones>

      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

  138. 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?

    • Replies to Dave>

      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

  139. 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

    • Replies to Lauren D>

      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.

      • Replies to AdamH>

        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!!

  140. 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

    • Replies to Michelle Nixon>

      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?

  141. 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??

    • Replies to Debbie>

      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

  142. 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.

    • Replies to Sally Smith>

      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

  143. 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.

    • Replies to Ken>

      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

  144. 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?

    • Replies to Alisdair Mann>

      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

  145. 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?

  146. 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

    • Replies to kierenS>

      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.

  147. 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.

    • Replies to Clare>

      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

      • Replies to AdamH>

        Comment by clare posted on

        Thanks for your response. Very helpful

  148. 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

    • Replies to Terry>

      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

  149. 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.

    • Replies to Celine>

      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

      • Replies to AdamH>

        Comment by Celine posted on

        Thank you Adam for your input. I appreciate your time and pointers. Many thanks

  150. 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.

    • Replies to Kevin Campbell>

      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

  151. 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?

    • Replies to Mark>

      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

  152. 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

  153. 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?

    • Replies to Sheila Bradford>

      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.

  154. 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?

    • Replies to Robin>

      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

  155. 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

    • Replies to Tamara>

      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

  156. 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?

    • Replies to Vicky>

      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.

  157. 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

    • Replies to Lisa>

      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.

  158. 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 ?

  159. 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

    • Replies to Mandy Williams>

      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.

  160. 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?

    • Replies to Dot>

      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.

  161. 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.

    • Replies to Helen>

      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.

  162. 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?

    • Replies to Sam>

      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.

  163. 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

    • Replies to Jane jamieson>

      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.

  164. 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

    • Replies to Kevin D>

      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

  165. Comment by Kevin D posted on

    Thanks Adam.

  166. Comment by javhd.com.au posted on

    Nice Post. Thanks!

  167. 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?

    • Replies to Lady P>

      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

  168. 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.

    • Replies to Andrew Barry>

      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

      • Replies to AdamH>

        Comment by Andrew Barry posted on

        Many thanks Adam, I will look into other ways to resolve this.

        Andy

  169. 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!

    • Replies to Plummy>

      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

  170. 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?

    • Replies to Ihatezebras>

      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.

  171. 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

    • Replies to Roger Morgan>

      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

  172. 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.

    • Replies to Marie>

      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

      • Replies to AdamH>

        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.

  173. Comment by Lynn Brophy posted on

    My deeds have an S between the house and the land, what does this mean?

    • Replies to Lynn Brophy>

      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

      • Replies to AdamH>

        Comment by Lynn Brophy posted on

        Thank you Adam, so the house and land are measured together as one parcel?

  174. 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.

    • Replies to Chalise>

      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

      • Replies to AdamH>

        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.

  175. 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

    • Replies to neil>

      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

  176. 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.

    • Replies to Monica W>

      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

  177. 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

    • Replies to Nic Wells>

      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

      • Replies to AdamH>

        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

        • Replies to Nic Wells>

          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

          • Replies to AdamH>

            Comment by Nic Wells posted on

            OK thanks for your help

  178. 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?

    • Replies to Chris P>

      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.

  179. 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?

    • Replies to Keech>

      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

  180. 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

    • Replies to Andrea>

      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

  181. 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.

  182. 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?

    • Replies to Lyndsey>

      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.

  183. 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?

    • Replies to Allan>

      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

  184. 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

    • Replies to S>

      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

  185. 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.

    • Replies to Gary>

      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

  186. 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

    • Replies to Peter>

      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.

  187. 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.

    • Replies to Dale>

      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.

  188. 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.

    • Replies to Alex>

      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

  189. 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

    • Replies to Sally>

      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

      • Replies to AdamH>

        Comment by Sally posted on

        Ok Thank you for the advice.

  190. 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?

    • Replies to Vinod Varsani>

      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

  191. 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.

    • Replies to Jane D>

      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

  192. 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?

    • Replies to Paul Robinson>

      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

  193. 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

    • Replies to Pauline Jattman>

      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.

  194. 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.

    • Replies to Rachel C>

      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

  195. Comment by eashaavaasthu posted on

    great post thanks for sharing

  196. 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

    • Replies to Maggie Sowa>

      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

  197. 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

    • Replies to Steve Abbott>

      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

  198. 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.

    • Replies to David Villiger>

      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.

  199. 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.

    • Replies to dave vogwill>

      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

  200. Comment by DAVE posted on

    OK THANX FOR THAT

  201. Comment by dave posted on

    HI. SO WHAT IS THE LAW ON A RIGHT OF ACCESS?

    • Replies to dave>

      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

      • Replies to AdamH>

        Comment by dave posted on

        thanx for getting back.nothings strait forward anymore. cheers.

  202. 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 ?

    • Replies to Rob>

      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

      • Replies to AdamH>

        Comment by Rob posted on

        Adam thank you for a prompt response. I thought this may be the case.....

  203. 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

    • Replies to Nik>

      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

      • Replies to AdamH>

        Comment by Nik posted on

        Thank you for your swift response.

        I will check the forums and seek legal advice.

  204. 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?

    • Replies to Julie>

      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.

      • Replies to ianflowers>

        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.

  205. 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.

    • Replies to Sharon>

      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.

  206. 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

    • Replies to Nick>

      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.

  207. 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.

  208. 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?

    • Replies to David>

      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

  209. 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

  210. 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?

    • Replies to Jonathan Terry>

      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

  211. 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?

    • Replies to Jessie>

      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

  212. 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

    • Replies to peter lennon>

      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.

  213. 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?

    • Replies to James>

      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.

  214. 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)?

    • Replies to Michael Dhobi>

      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

  215. 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?

    • Replies to Amy>

      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

  216. 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

    • Replies to Jo Roden>

      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

  217. Comment by Michael Dhobi posted on

    Many thanks, AdamH.

  218. 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

    • Replies to 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

  219. 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.

    • Replies to Joanne>

      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

  220. 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.

    • Replies to Anna May>

      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

  221. 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.

    • Replies to Sean E>

      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

  222. 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.

    • Replies to Joe>

      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

  223. 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?

  224. 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.

    • Replies to THOMAS BREMNER>

      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

  225. 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

    • Replies to Laura Bell>

      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

  226. 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.

    • Replies to Tarek El-Semman>

      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

  227. 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.

  228. 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.

    • Replies to Sue Bonnin>

      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

  229. 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

    • Replies to Mary Bradley>

      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.

  230. Comment by Mary Bradley posted on

    Thanks for replying so quickly
    Where do I get access to the blog article?

  231. Comment by Aly posted on

    Is there an email address that one could write to for advise rather than on the blog? Thanks

  232. 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

    • Replies to Kate>

      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

  233. 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?

    • Replies to Stuart Parkes>

      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

  234. 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?

    • Replies to Irina>

      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

  235. 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.

    • Replies to Gerard>

      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

  236. 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?

    • Replies to Lize Moran>

      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

      • Replies to AdamH>

        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.

        • Replies to Lize>

          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

  237. 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.

    • Replies to Melissa Perry>

      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

  238. 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

    • Replies to Ann>

      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

      • Replies to AdamH>

        Comment by Ann posted on

        Ok thanks Adam that is helpful especially re: the braces.

  239. 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

    • Replies to Dan T>

      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

  240. 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.

    • Replies to Emma>

      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.

  241. 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?

    • Replies to paul tuohy>

      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

  242. 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.

    • Replies to Vronnie>

      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

  243. 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?!

    • Replies to Tracey>

      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

  244. 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

    • Replies to Lisa Dowling>

      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

  245. 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.

    • Replies to Karl James>

      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

  246. 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

    • Replies to ClareB>

      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.

  247. 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.

    • Replies to Rebecca>

      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.

  248. 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?

    • Replies to Bonnie>

      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

  249. 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?

    • Replies to David>

      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

  250. 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.

    • Replies to Mr C A>

      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

  251. 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?

  252. 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.

    • Replies to Jason A>

      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)

  253. 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

    • Replies to Jason A>

      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

  254. 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?

    • Replies to Claude D>

      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

      • Replies to AdamH>

        Comment by Claude D posted on

        Sorry Adam I should have said the garage is outside the boundary.

        • Replies to Claude D>

          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

          • Replies to AdamH>

            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?

          • Replies to Claude D>

            Comment by AdamH posted on

            Claude - the registered extent is outlined with a red line

  255. 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

  256. 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

    • Replies to Elvina Hutchinson>

      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

  257. 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?

    • Replies to Kay Townsin>

      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

  258. 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

  259. 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?

    • Replies to Claude D>

      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

  260. 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!

    • Replies to Sarah B>

      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

  261. 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

    • Replies to Christina Ritz>

      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

  262. 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.

    • Replies to Mrs T>

      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.

  263. 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?

    • Replies to Maria>

      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

  264. 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?

    • Replies to Gemma>

      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

  265. 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.

    • Replies to Craig>

      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

  266. 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?

    • Replies to David D>

      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

  267. 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.

    • Replies to Katy>

      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.

  268. 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?

    • Replies to Julia A>

      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

      • Replies to AdamH>

        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.

  269. 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?

    • Replies to Marie Nugent>

      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

      • Replies to AdamH>

        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.

  270. 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

    • Replies to Rhonda Mcnab>

      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.

      • Replies to AdamH>

        Comment by Rhonda Mcnab posted on

        Ok thanks for your help Adam

  271. 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?

    • Replies to John Taylor>

      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.

  272. 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?

    • Replies to Timmy>

      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

  273. 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?

    • Replies to KaN>

      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

  274. 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?

    • Replies to DylanG>

      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

  275. 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.

    • Replies to J Anderson>

      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

  276. 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.

  277. 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.

    • Replies to Ann Fox>

      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

      • Replies to AdamH>

        Comment by annmarie fox posted on

        Thankyou for your help.

  278. 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.

    • Replies to Simon>

      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

  279. Comment by Simon Watson posted on

    Thanks for your help Adam. Much appreciated.
    Regards

  280. 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.

    • Replies to Phillippa Proudman>

      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

  281. 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.

    • Replies to Phillippa Proudman>

      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

  282. Comment by Phillippa Proudman posted on

    Adam Thanks for your help will look into it

  283. 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.

  284. 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?

    • Replies to Jean Davies>

      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

  285. 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

    • Replies to RobS>

      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

  286. 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

    • Replies to Ben U>

      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

      • Replies to AdamH>

        Comment by Ben posted on

        Hello, why would I need to inform lenders? Thanks

        • Replies to Ben>

          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

  287. 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.

    • Replies to helen>

      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

  288. 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

    • Replies to Babs>

      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

  289. 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.

  290. 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?

    • Replies to ChrisB>

      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

  291. 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.

    • Replies to Singh>

      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

  292. 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?

    • Replies to David Bird>

      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

  293. 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 .

    • Replies to Sharyn metcalfe>

      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.

  294. 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?

    • Replies to Osm>

      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

  295. 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

    • Replies to janet court>

      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

  296. 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

    • Replies to John>

      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

  297. 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.

    • Replies to shelley>

      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.

  298. 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

    • Replies to 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.

  299. 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?

  300. 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.

    • Replies to LISA JONES>

      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

      • Replies to AdamH>

        Comment by Lisa Jones posted on

        I'll try that, thank you.

  301. 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.

    • Replies to James Black>

      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.

      • Replies to ianflowers>

        Comment by James Black posted on

        Ian, thank you for your reply and advice. We will contact citizens advice. Kind regards

  302. 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.

    • Replies to Angela>

      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

  303. 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

  304. 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?

    • Replies to DarrenC>

      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.

  305. 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!

    • Replies to MikeJ>

      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.

      • Replies to ianflowers>

        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

        • Replies to MikeJ>

          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.

  306. 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 .

    • Replies to Susan Griffiths>

      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

  307. 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.

    • Replies to Steve Hampton>

      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

  308. 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?

    • Replies to Daisy>

      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

      • Replies to AdamH>

        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

        • Replies to 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.

  309. Comment by Daisy posted on

    Adam, Okay, thank you, just one last question please. If the plan isn’t one of yours, who else has the authority to split someone’s garden up and define part of it outside curtilage, Wouldn’t that only be HMLR?

    • Replies to Daisy>

      Comment by AdamH posted on

      Daisy - if the plan is referring to use then it would be the LA. They have control over what land/property can be used for so they would be my first port of call re such a matter

  310. Comment by Daisy posted on

    Many thanks for your help.

  311. Comment by Katie Shelley posted on

    Is there a legal boundary presumption that applies where lightwells project from a building where there is no front garden?

    We have a Georgian house which faces directly onto the highway with three light-wells projecting at the front. I know that our land boundary is presumed the middle of the highway. However, is the property boundary the front face of the building or the front face of the lightwells? Highways have confirmed they have no freehold of the land and we interpret this as meaning they have no right to deprive us of the full use and enjoyment of our lightwells (which have windows at basement level opening out into the lightwells previously covered over causing rot, but currently temporarily capped pending a solution).

    The historic building is supposed to be allowed to breathe for Building Regs especially where there is an open stair to ground floor (which there is). We would put grills over the openings to achieve this but we also have an issue with casement windows posing a risk to the public on the footpath (maintained at public expense) which we assert runs along the front of our lightwells (maintained at our expense), not through them.

    We are therefore considering applying for planning permission for guard-rails and cane detection to the casement windows (Building Regs require safety measures to protect anyone affected by our building) using the front face of the lightwells as our property boundary line. Are we pushing our luck?! (Building Regs apply in our case because we have executed a material change of use for the front rooms where the casement windows are and this is classified as building work. We have been turned down for a non-material amendment for guardrails even though the need for them has only cropped up during the execution of the works.)

    Any advice, confirmation of presumed boundary law would be very much appreciated.

    • Replies to Katie Shelley>

      Comment by AdamH posted on

      Katie - not something we can advise you on and I'd recommend you get legal advice. If you are looking for wider comment/advice online then online forums such as Garden law can be useful resources but specific legal advice is the better option

      • Replies to AdamH>

        Comment by Katie Shelley posted on

        Thanks for reply - I have spoken to someone who lectures in land law and he agreed that, logically, drawing a line along the front face of the light-wells forms the property boundary line because the lightwells project from our property underground and are therefore part of our property. However, he also said that Highways and Planning could be pedantic and insist that the property boundary is effectively 'castigated' (even though the air-space between the lightwells is technically not ours, it would be of no operational value to them). Our old house has been a money pit and we really can't afford to clock up legal fees on top of the spend. We are starting to think that we shall just place grills over the light-wells and leave the public at risk from the opening windows because neither authority seems at all bothered about that, or their statutory duty to uphold Building Regulations! I guess I was hoping there was some sort of boundary presumption I could use in my 'discussions' (if you can call being repeatedly stonewalled a discussion). Maybe someone reading this blog has a similar experience to draw upon?

        • Replies to Katie Shelley>

          Comment by AdamH posted on

          Katie - understood but as this is a blog, rather than a forum, others very rarely comment on other people's comments. Forums such as Garden Law are more likely to elicit comments from those who have had a similar situation and/or from those with a legal understanding also.

          • Replies to AdamH>

            Comment by Katie Shelley posted on

            Thanks - I am a dinosaur regarding such fine distinctions! Don't do Facebook or Twitter either. Was simply interested in boundary presumptions and thought you were the correct place to pin that down.

          • Replies to Katie Shelley>

            Comment by AdamH posted on

            Katie - me too but there's a limit as to what we can advise you on so as far as presumptions got then our PG 40 supplements 3 and 5 are as far as we can go. But lightwells are very specific hence legal advice or wider forum research are the only options https://www.gov.uk/topic/land-registration/practice-guides

  312. Comment by Mo posted on

    Hi ,
    I brought my house in 2007 and my drive in the side has an triangle area connected to my neighbor fence which is toward the adopted high way (road). This will give me to get out of the drive safely without any blind area. My neighbor bought the house in 2015 and says his boundaries is a rectangle which include this triangle in my drive (which is seen on the official boundaries drawing from 1984).
    The current fence has been like this from day one on the drawing plot in 1984-1985.
    I’ve bought my house like this and drive was paved including the disputed triangle and has been maintaining it all the time.
    Have I got a case to disputes his claim?
    Do I need legal advice?
    Regards
    Mo

    • Replies to Mo>

      Comment by AdamH posted on

      Mo - it's legal advice you need as you state. Whilst we can provide the registered details it's the legal aspects of any claim you have on the land you need to consider and get advice

  313. Comment by Cilla Holmes posted on

    The boundary wall at the bottom of our garden is the side wall of neighbour’s garage. We have lived in our house almost 46 years since it was built. Some years after we moved in the previous owners of the neighbours house asked if they could take down part of our fence to extend their garage to enlarge their kitchen. This was done very amicably. Whilst these previous owners were there we also had a trellis, an outside light and a small decking attached to the wall. Almost 25-30 years later the current neighbours moved in. Three years ago we redesigned our garden inasmuch as we removed all the shrubs, extended the decking (all posts were dug into the ground and the decking was aligned with the end of our fencing on both sides of the garden). We have recently put our house up for sale and have now received a solicitor’s letter on behalf of the neighbour asking us to remove the outdoor light, the small trellis and remove a back board from the decking so as to allow access in case of dampness. Can you advise how we stand with this matter please.

    • Replies to Cilla Holmes>

      Comment by AdamH posted on

      Cilla - 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

  314. Comment by Marina posted on

    Please can you advise if there is a limit to the General Boundaries rule. My predecessor sold land to his neighbour 5 years ago and then sold the retained land to myself a year later. The neighbour fenced of a rectangle of land that encroaches the retained land on two sides by 11 and 3.7metres. The Land Registry Title plan is 1:1250 enlarged from a 1:2500 and the transfer plan that is lodged at LR is a GPS survey at 1.1250 @ A4.
    Can my neighbour claim the encroached land under the GBR ?
    Thankyou.

  315. Comment by Debbie Roberts posted on

    Hi,
    The garden fence between my drive and my neighbours runs onto my garage and the concrete post is attached to my garage at the front and then commences at the back in the same manner. The posts sit on my property in line with the corner edge of the garage. I presume this would be my fence?? My neighbour has put spikes on top of this both front and back which look like a prison and has also erected a netball post on the side wall of my garage which is the boundry in the middle of the front and back fence . Is he allowed to do this without permission?
    Many thanks.

    • Replies to Debbie Roberts>

      Comment by AdamH posted on

      Debbie - not something we can answer or 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

  316. Comment by HRB posted on

    Hi,
    We bought a house 2 yrs ago, we have one neighbour who recently passed away and the family who are selling her house have raised an issue with land boundaries - they believe they own part of the land which is inside our gated drive and can come and park inside 'our' garden and stop us locking the gate. There is also an access agreement which we were aware of so they can reach their trees to cut.
    Looking back on paperwork we have found 3 diagrams (2 of which are registered with land registry) with 3 different versions of where the boundaries lie. We didn't notice at the time of purchase and neither did our solicitor. The version our neighbours have is in their favour and agrees with their claims, a second version is in our favour a third in-between. The land in question was purchased from a family member for £1 a few years ago with a view to them selling the house (to us) and they said a mistake was made on the second land registry deed i.e. a line drawn in the wrong place.
    How do we raise a formal dispute and do we have any recourse with our conveyancing solicitor who did not notice the anomaly in the first place? Our original solicitor is refusing to speak to us unless we pay £300 for an initial consultation.

    • Replies to HRB>

      Comment by AdamH posted on

      HRB - most solicitors will have a complaints procedure and it might be prudent to check and confirm what that is and raise it in that way with the firm.

  317. Comment by HRB posted on

    Thank you. Anyone have a view on what happens if several versions of land boundaries exist? Will they take into consideration what is sensible i.e. the new owners of our neighbouring house encouraged an external cleaning company to park on our drive, inside our gates to ‘exercise their rights’ this doesn’t feel safe to us as a family. Also they have parking for 6-8 cars on their own drive which they weren’t using.

    • Replies to HRB>

      Comment by AdamH posted on

      HRB - this is a blog so you are very unlikely to get comments from anyone else other than a reply from us at HMLR. The key from a registration position are the registered details inc how the rights were granted/reserved and the details provided to achieve that. Whilst other plans and details may impact if they have not been registered then their importance may be significantly diminished.
      I would recommend that you seek legal advice on your specific circumstances. If you are looking for wider comment then online forums can be useful resources for general discussion/advice and Garden Law is one example of that. But it we strongly recommend legal advice as your scenario, your property and your neighbours are all unique to you.

  318. Comment by HRB posted on

    Ok, many thanks

  319. Comment by Jill Barnes posted on

    I live in a end of terrace house. When I moved in I was told the wall from the adjoining houses to my gate was jointly owned and the wall from my gate to the detached garden of my neighbour which is detached by a public footpath is mine. However my neighbour insists that the wall is jointly owned even though one side is my land and the other the public footpath. My postbox is on the second wall and she has now told me I must move my postbox from that wall. Can she really claim ownership of even part of the wall if she does not own the land on either side?

    • Replies to Jill Barnes>

      Comment by AdamH posted on

      Jill not something we can advise you on I'm afraid and it is very much legal advice you need. Whilst it would seem odd to claim ownership of a wall which is wholly on someone else's land the devil will always be in the detail. 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

    • Replies to Jill Barnes>

      Comment by Jill Barnes posted on

      I forgot to mention the that the pillars are on my side although part of the wall is on her side near the house section. It also implies that I may be crossing her land every time I go in or out of the gate.

      • Replies to Jill Barnes>

        Comment by AdamH posted on

        Jill - many thanks but same advice applies, namely to seek legal advice as we can't comment and can only really supply the registered information and guidance provided in the blog article itself

  320. Comment by Donna Eckford posted on

    Hi I have a shed in my garden stone built half of it is on our garden other half isn’t what I mean is next doors fences is not straight meaning part of my shed is in her garden I wanted to render it and paint it she is old and never sits in her garden she wouldn’t see it unless she sits with her back to her back wall, we are spending abit on our garden and when we sit on our patio we will see it. She doesn’t want us to paint it where do we stand and how do we find out if that is actually part of out garden. She had her garden done a few years it’s all stones. I don’t want to fall out with her put if it’s our we should have rights it would even affect her garden at all.

    • Replies to Donna Eckford>

      Comment by AdamH posted on

      Donna - 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

  321. Comment by Maple T posted on

    Boundary Feature

    I wondered if you were about to answer this question.
    When determining a boundary feature. Would this be assessed from facing the front of the property? or be assessed from facing the property from the rear.

    • Replies to Maple T>

      Comment by AdamH posted on

      Maple T - I'm not too sure why there would be a difference as if you are measuring the property/boundaries and then looking to agree/determine the boundary position then its up to those involved to agree/determine where you measure from

      • Replies to AdamH>

        Comment by Maple T posted on

        We have a dispute with our Neighbour. One party is saying that the boundary line in question, should be detrimed, when you face the property, the other party is saying it is when you have your back to the property and face the road. This makes a difference on whom is deemed responsible. Any insight would be appreciated.

        • Replies to Maple T>

          Comment by AdamH posted on

          Maple T - invariably deciding who is responsible comes down to the two of you to discuss understanding, share information and then agree. The registered details, as explained in this blog, may help but I can't see how which way you are facing impacts on who is responsible.

          • Replies to AdamH>

            Comment by Maple T posted on

            Thanks for you reply Adam.
            It impacts the situation as the party disputing is stating that it is the "right hand side" facing the road.i.e away from the property, which indeed would make it the Left, whilst most of our neighbours to our right have taken responsibility soley for their right hand side boundary upon facing their properties. Therefore lays why this would impact responsibility. Title deeds; do not as is common, (highly annoying) hold any information, and no first registration documentation available. We are trying to be reasonable and state due to no documentation to state either way it should be shared but ,,,

          • Replies to Maple T>

            Comment by AdamH posted on

            Maple T - there is no convention in law re it being the right or left as explained in the blog article. If your neighbout insists on that understanding and you cannot dissuade them then the ball is in your court as to whether you go along with that or not.

  322. Comment by David geddes posted on

    Hi , we live in a end terrace house with parking spaces all along front of our house our title deeds show our red boundary line covering three of these spaces do we legally own these spaces because they are inside our red boundary or not is it a grey area ?

  323. Comment by Alexander posted on

    Hello,
    My title deed refers to “five feet left out to form a footpath.” This footpath has been adopted by the local authority and is maintained by them.
    Recently there has been an increase in street parking by commuters using the nearby station and as the streets are so narrow they mount the pavement before my garden gate and drive along the pavement to a convenient place to leave their car. I have asked the council to put a traffic bollard at my gate so that they must stay on the road, but the council have refused.
    Is there some way I can make the local authority keep the footpath clear and ensure that it is used as a footpath?

    • Replies to Alexander>

      Comment by AdamH posted on

      Alexander - 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

  324. Comment by Minoo Winner posted on

    Hi
    I have lived in a newly bought semi detached property for 21 years. The builders informed me that the side boundary grass bank was mine as it was part of my front garden. Over all these years, I never thought anything of it and kept on looking after it by maintaining the whole lawn. My 2 previous neighbours never questioned the boundary. They moved because of growing families. I have now a third set of neighbours who are disputing the border and want to by force put a fence through what i think was always my part of the garden. The deeds just show straight lines even though the garden has areas jutting out. Are they able to force this on me. Who can i get help from. I am single woman with significant health problems and not enough money to move away from these unpleasant people. Most grateful for any advise please. Thank you??

    • Replies to Minoo Winner>

      Comment by AdamH posted on

      Minnoo - not something we can advise you on I'm afraid and it is very much legal advice you need. If you cannot afford legal advice and have health issues then you could try your local CAB to see if they can offer any advice or refer you to a fixed fee solicitor 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

      • Replies to AdamH>

        Comment by Minoowinner posted on

        Hello Adam
        Thank you for your advice

        Minoo

  325. Comment by Richard Emery posted on

    There is a peice of land that should be used as a turning circle in the road. This land according to the title plans of our neighbours is outside all our freeholds. So is shown as a public right of way. My neighbour has now put his boundary in a straight line that is now outside his freehold and stolen the free hold. Could you give some advice on how to tackle it. Thanks

    • Replies to Richard Emery>

      Comment by AdamH posted on

      Richard - 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

  326. Comment by michele ascott posted on

    I just need to know who owns a wall, my husband has just passed away and my neighbours have said that a very long brick wall at the back of my garden needs replacing as it is leaning and dangerous
    I am an oap and cannot afford to replace it so I was just hoping to find out if I actually own it.
    My husband had dementure only 68 but he still burned some paper
    before I realized what he was up to
    I cannot find the deeds to our home but I do have land registery
    with no pictures of boundriescan you offer any advice

    • Replies to michele ascott>

      Comment by AdamH posted on

      Michele - I am sorry to read of your recent loss. We can't tell you who owns or is responsible for a wall I'm afraid. The best advice we can give is to discuss it with the neighbour, share whatever information and understanding you have and then agree a way forward.
      If the property is registered then it may refer to the boundaries but many titles do not but rarely are they definitive re such matters, hence the suggestion to discuss and agree what happens next with the neighbour.
      What's your postal address? I can at least check if it is registered to save you worrying about what may have been burnt/lost

  327. Comment by James Hesketh posted on

    I am in the process of purchasing a converted stable. The courtyard is being split with a shared driveway. I am not happy with the Title Plan. The lines are very thick on a 1:1250 scale. One boundary has dashes like this - - - - which are now completely obscured by red and blue lines such that you can’t see they are there. (What does this broken boundary line mean?) I have been advised that Land Registry should reject the plan but the sellers solicitors are saying it is fine. Furthermore I don’t believe the boundary to be very accurate but have been advised it doesn’t need to be as the line of the cobbles on the courtyard is very obvious. I would personally like a plan to a scale of say 1:300 as I am concerned about problems which may arise from a future sale or new neighbours.

    Could you please advise.

  328. Comment by elizabeth posted on

    We have a potentially serious conflict on the boundary of my neighbour's property as shown on title deeds. We are building a property at the end of a rural track - it is a names lane. Our title deeds show the neighbour's property boundary as being on the correct side of the land to allow free vehicular access. His title deeds show his property boundary going across the lane to the other side potentially giving us serious access issues. Can you advise on how the land registry priorities title deeds? There was a house previously on our land built 5 years after the neighbour's property way back in the 1930s

    • Replies to elizabeth>

      Comment by AdamH posted on

      Elizabeth - titles are not prioritised so for example an older title does not automatically trump one which was registered later. I would recommend that you seek legal advice to establish not only how the registered titles combine but also how the law views the specific matter. Whilst we can provide the registered information we cannot then offer legal advice or interpret the information for you

  329. Comment by Heather posted on

    Hi there,

    We are in the process of having an extension built currently which is causing us all sorts of bother with our neighbour. He is threatening to claim back 8” of ‘his land’ that he gave to the previous custodians of the house 15 years ago when he built his extension. He is threatening to build a wall to claim this back. Our builder has suggested that we contact the solicitor that dealt with the sale of house 6 years ago to get the deeds. Can anyone help please? It’s causing us a huge amount of worry and stress. Would the rcis be able to help?

    Thank you.

    • Replies to Heather>

      Comment by AdamH posted on

      Heather - it's legal advice you need here if you can't resolve it with your neighbour. You have a few issues to resolve inc where is the boundary line and how was the 'gift' formalised, if at all. That will impact on what rights you/your neighbour may have here but ultimately it is an agreement you need rather than legal action.

      • Replies to AdamH>

        Comment by Heather posted on

        Thank you so much for your reply AdamH. Do you think citizens advice or a solicitor?

        Thanks,

        Heather

        • Replies to Heather>

          Comment by AdamH posted on

          Heather - CAB may be able to offer some assistance but in my experience they can often link you to a local solicitor who offers a fixed 30mins/1 hour meeting for a small fee and that will probably be your best option

  330. Comment by Majkel Johnson posted on

    Hi,

    I have a potential fence dispute with my neighbour. Before the neighbour moved in, there was shrub hedges dividing our two properties acting as a fence.

    Unfortunately, the neighbour took upon himself to remove the shrub hedges without my permission, resulting in him moving the fence that he paid for too and widening the front of his property at my expense.

    Is there anything I could do about this?

    Would kindly appreciate any advice.

    • Replies to Majkel Johnson>

      Comment by AdamH posted on

      Majkel - 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

  331. Comment by Wendy posted on

    Hi
    My garage is detached from my house and is situated across the road.
    The owner of the adjoining property erected a robust fence on my boundary some years ago.
    Said fence is now leaning to within quarter of an inch of my somewhat elderly garage and my concern is it will cause considerable damage to the garage and possibly my car.
    I have spoken to him, to no avail and have also written giving him a deadline, again to no avail!
    Would it be within my rights to dismantle the fence before it does serious damage?

    • Replies to Wendy>

      Comment by AdamH posted on

      Wendy - 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

  332. Comment by TamsinM posted on

    I am buying a property with what seems to be a normal rectangular back garden. However the Land Registry title plan shows the boundary not going straight across at the back, but instead has a small rectangular area, about the size of a shed, cut out at the back. The sellers can’t explain it, and my solicitor has done a Land Registry map search which shows that the tiny piece of land is not registered. Is this a potential problem? Could someone come and tell me part of the garden isn’t mine after all? Is there anything I can do to protect myself or remedy the situation? I’d be very grateful for urgent advice as I’m supposed to be exchanging contracts imminently.

  333. Comment by TamsinM posted on

    Thank you Adam. I’ll look at that guidance. My solicitor has asked the seller’s solicitor but we haven’t had a satisfactory response. It seems that the original title plan which was hand drawn had a straight edge boundary, but in 2010 a new title plan was drawn up ‘based on the latest revision of Ordnance Survey map’, with the little rectangle cut out. I have no idea why. At the back of the plot is an alleyway that doesn’t appear to belong to anyone. It’s a mystery why it would have changed. Is there any way of finding out the history, or seeing the ordnance survey map on which it was based? Our sellers have only been there a couple years so they don’t know.

    • Replies to TamsinM>

      Comment by AdamH posted on

      TamsinM - you'd need to find an OS agent to look at the historical OS maps. If they think the revised title plan left a significant parcel of land out of the title then they should raise that with us. Their may have been reasons why it was changed for example and the devil is always in the detail as to why something happened, whether it can be changed now or whether you need to consider other options all of which your solicitor can advise on. When the seller bought their solicitor will/should have asked them to confirm that the registered extent matched the reality on the ground.

  334. Comment by TamsinM posted on

    I suppose I’m wondering if it could be a mistake. One paragraph in the PG5 states “The title plans of all registered titles show only the general position of the boundaries unless they are shown as having been determined as exact boundaries pursuant to section 60 of the Land Registration Act 2002. This means that it is possible for an area of land to be within a registered title even though it falls outside the red edging on the title plan.” So as it’s such a tiny area that falls outside the red edging and it’s not registered to anyone else, might it be a mistake to have excluded it? Am I grasping at straws?

    • Replies to TamsinM>

      Comment by AdamH posted on

      TamsinM - it could be but it's really a question of what your solicitor advises you to do. The issue as it stands appears to be the seller's in that the title does not appear to include the additional land. Why not? And if they don;t know then what's their reasoning with regards how they can include it now as part of the property - is it fenced in for example or open to all. All Qs you need to raise with your solicitor and.or with the seller. Then you weight up next steps, risks (if any), your lender's view (if there is a lender) etc etc
      We can provide the registered information and if asked check back to see what details we have re the apparent title plan update. But ultimately it is your legal advice that counts here

  335. Comment by Henry posted on

    Hi Adam,

    I am thinking of buying a end terrace house but there is a tradesman entrance that runs up the end of the house and leads all the way to the other end house for the milk man, coal man etc. The other end 2 houses have blocked theirs off by putting sheds on the path but the path is between the house and the garden and i think it is a little invasion of privacy if my neighbour wants to walk around the back, practically through the garden. The land registry plan doesn’t mention it at all and its only through historic knowledge that it is there. The neighbours isn’t very amicable and she would say that she uses it frequently even though she doesn’t (I know this as it was my grandparents property and they’ve lived there since they were built about 40 years). Can i close it or have it removed?
    Thanks
    Thanks.

    • Replies to Henry>

      Comment by AdamH posted on

      Henry - it's not something we can really advise you on I'm afraid and it is very much legal advice you need. Our PGs 52 and 62 explain more with regards easements and how they are created/claimed but it's specific legal advice you really need here https://www.gov.uk/topic/land-registration/practice-guides
      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

      • Replies to AdamH>

        Comment by Henry posted on

        Hi Adam, thanks for the reply. I will look into this further.

  336. Comment by SamF posted on

    Hoping for some advice. My neighbour is claiming that we have a shared boundary between us but I can find no evidence of this on my deeds. I'm not sure how to proceed.

    • Replies to SamF>

      Comment by AdamH posted on

      SamF - have a read of the blog article, check what information is available as explained and then discuss with your neighbour. I'd ask the neighbour to share their information and understanding especially if they feel it confirms that it is shared

  337. Comment by Sam posted on

    Last year our neighbour erected a fence across the boundary and onto our land. This new fence abuts our rear extension and has blocked off access from our land to the side of our single storey extension -we now need access to carryout repairs to the soffit and roof of our extension. We have asked the neighbour to remove the fence but he has refused. Can we remove the fence from our land or would that be criminal damage? How can we deal with the problem?

    • Replies to Sam>

      Comment by AdamH posted on

      Sam - 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

  338. Comment by Rachael posted on

    Hiya, we have asked the letting agent next door to us to fix the fence for months now, and all contact has been very polite. However nothing has been done. The concrete posts that structure their panel fence are leaning a foot over into our garden and I'm worried that they will fall and injure someone. Is there anything I can do to get the letting agents to address the problem? Our neighbours are tenants but we own our property? Thanks.

    • Replies to Rachael>

      Comment by AdamH posted on

      Rachael - 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

  339. Comment by Cathy posted on

    Hi I bought a new build house in 2017 and have just discovered that the information supplied to my conveyancer from the developer appears to have been misleading. According to LR I do not own the strip of land that runs along the front of my house between me and the road, effectively giving me no access to m6 house. The council has confirmed that this is their land and it is not classed as public highway, and I have no right of way over it. How could a conveyancer have missed this, and what can be done.

    • Replies to Cathy>

      Comment by AdamH posted on

      Cathy - I’d suggest contacting the firm who acted and use their complaints procedure to follow it through. Only they can answer why it was missed. And you’ll need legal advice as to what can be done as that may mean legal action to try to get a right of access

  340. Comment by ArthurP posted on

    Hi, we bought a house 2 years ago which has an open drive, across which our neighbours have access to their property with a small section of shared space in front of their house. They park on that shared space and have not objected as it seems pointless, but what we do want to do is landscape the front of our house and put up a fence along the line of our boundary. Our LR plan is quite old (1980s) and in comparison with our neighbours plan, which is from 2000’s, differs in terms of our boundaries. Which plan should we work from? Should we apply to get ours updated to reflect what their plan shows? There is a boundary wall which according to their plan, we own. This is not reflected in our plan. We’re just seeking clarification so that we can move forward with putting in a more permanent boundary at the front of the house to add more clarity to whose land is who. Many thanks.

  341. Comment by Maxine posted on

    Wanting to put a log cabin in the back garden at the 2 metre point of the boundary wall. The wall on my left is my wall and is a fairly wide wall which measures just under a metre (width), the adjacent land to this wall is waste land of about a metre in width to the fence of someones garden. On top of my wall is my wooden fencing which is located on the inner part of the wall. Can I account for the width of the whole wall as part of my boundary (outer edge of the wall adjacent to the waste land)? Hope that makes sense. Many thanks

    • Replies to Maxine>

      Comment by AdamH posted on

      Maxine - 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

  342. Comment by Sarah posted on

    Hi I am currently selling my house and the deeds show there is an alleyway behind my garden. It’s a terraced house and the alleyway runs behind the 4 houses next to mine and stops at my garden gate meaning I am at the end of the alley. It’s not owned by anyone and is there from many years ago, no one clears it except us neighbours who might use it to take bikes or bins out.
    I haven’t made any changes to the garden, I bought it like this and have lived here for 6 years. The people I bought from didn’t make any changes either and lived here for around 5 years before me, so the change was done some considerable time ago.
    My conveyancer is now saying I am potentially trying to sell land that isn’t mine, yet this was how I bought it, and to be honest he wasn’t listening to me when I tried to explain, at least half a dozen times.
    I understand there’s assumed ownership after a certain period of time, but as this was done long before I bought the house, I don’t understand why I am potentially being penalised for something I didn’t do.
    Any guidance please?

    • Replies to Sarah>

      Comment by AdamH posted on

      Sarah - all land is owned but not all land is registered. If it’s not in your title then you don’t own it so can’t sell it. Or at least nobody would buy it from you as you can’t confirm you own it. As such your option is to see if you have a legal claim to it now and you should discuss that with your conveyancer. If you do then you may be able to include that evidence in the sale but that will be up to the buyer. https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land

      • Replies to AdamH>

        Comment by Sarah posted on

        So basically I was sold this house illegally then is what you’re saying, along with the 2 previous owners before me? My elderly neighbour told me before she died (and after I had moved in) that they closed off their access to the alley some 30 years ago as her daughter kept getting out onto the road, and her neighbour then extended his fence to the end - an extra 3 feet.
        If this is going to be an issue I may as well pull the house off the market, especially as my conveyancer is being unhelpful - I felt like I was being accused of stealing land. Do I have a case to sue my previous conveyancer who managed my purchase 6 years ago?

        • Replies to Sarah>

          Comment by AdamH posted on

          Sarah - not at all. Someone can include their claim in any sale but it’s up to each buyer to decide whether to complete. Nothing illegal but at some stage someone may say ‘you don’t own it’. It’s up to you to then prove you do and paying someone for it doesn’t make it legaly yours but your conveyancer should be explaining the law to you.
          When you bought your conveyancer would normally ask you to confirm that the registered title matches what you are buying. They don’t visit the property so rely on you.
          My reading of it is that you’ve done nothing illegal. You (and previous owners) have never gone the next step and registered a claim.

  343. Comment by Rachel posted on

    There is a parcel of land at the bottom of our garden and the new owner is saying his boundary is 3 feet into our garden. When we bought the house the garden boundary wire was where our fence is now. Our deeds do show a slight step in where he says he owns but our boundary fence was where it is now when we moved in. We have lived here OK for 7/8 years. Now the land has been sold and the new owners have cleared it for building (was very over grown) he says we need to give him his land back? We are just going on where the fence was before we moved in and had been for many years. If we do follow the deeds where it steps in, how do we know its 3ft?

    • Replies to Rachel>

      Comment by AdamH posted on

      Rachel - identifying where the legal boundary lies relies on a lot of things as the article explains. I’d suggest looking at the referred to information, seeking legal advice as appropriate and asking the neighbour to provide evidence to back up their position. Then try and find a way forward We can’t advise you on the legal position and we don’t define the legal boundary.

  344. Comment by Helen Court posted on

    A neighbour is building a low wall down side of their front garden. Our drive is quite narrow, with a sloping rockery onto our front garden.
    I am concerned that we will not be able to get out of our car/car door scrape the wall if built. It is being built on Saturday. In effect, the car door has to open over their garden to get out of the car.

    • Replies to Helen Court>

      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

  345. Comment by Arline Davenport posted on

    We are looking for some guidance please. Our property was originally 2 semi-detached properties built in 1955 and were owned by Crown Estates. In 1992 they were sold at auction by a couple who submitted and were granted planning permission to convert them into 1 detached dwelling. We were given the plans and all the documents relating to the previous conversion when we purchased the property in July 2010. There is a grassed strip of land in front of our hedge which we have regularly maintained to stop it becoming overgrown. This is vital as we live on a country lane which is regularly used by farm vehicles and we need the visibility when pulling off the drive. This has never been a problem but now we are getting older we would like to find out who owns this land in case we get to a point where we can no longer maintain it? We know the first owners had to submit their planning permission to the local council and also The Crown Estate for consideration and were only allowed to plant a hedge instead of the wall they originally requested. When we had some alterations carried out we also had to submit plans to the local council and also the Crown Estate so think it may still belong to them. There are only 4 cottages on our lane and none of them have been owned by Crown Estate since the early 90's. Do you know if they will always have an interest in whatever is planned here or does this eventually end? Also, do you have an address for Crown Estate that we can write to so we can find out who is legally responsible for cutting this grassed area? Any help you can give would be appreciated.

  346. Comment by Nicky posted on

    My parents purchased a new build in 1979. The estate was built on land below existing rear gardens. The developers left a two to three foot gap between the end of the existing gardens and our streets gardens. Over the years as my mothers fir trees grew and screened the end of her garden, the people above slowly filled the gap with rubbish now resulting in a bank rather than a small 'walkway'. A year ago the resident at the end of our garden moved his fence to the very edge of this bank. The bank is collapsing in on us and any remedial work we do will collapse his fence. I know a neighbour took someone to court and reclaimed this bit of land but I cant find proof of who owns it and on the deeds it's down as a small space above our red lines boundary. I'm not overly concerned about the lost 3ft but the fence almost hanging in fresh air is grating on me. Where do I stand ? How do I find out if the small gap belongs to our houses or if it's a no mans land.

    • Replies to Nicky>

      Comment by AdamH posted on

      Nicky - I’d suggest you check if it’s registered and if it is who to. https://www.gov.uk/get-information-about-property-and-land
      There’s no such thing as ‘no mans land’ as all land is owned but not all land is registered. Developers historically might leave a gap between a new boundary and neighbour8ng land to try to avoid any boundary issues when developing.

      • Replies to AdamH>

        Comment by Nicky posted on

        Yes, that's what was done, the developers left a gap. This gap is what the fence now covers. I have all the deeds, ordinance survey, title plans but nothing mentions ownership of this gap and I cant find anything referring to it. It is visible on the plans and maps. I need to speak to my neighbours when they come back off holiday, find out how they acquired proof the land was owned by wimpey (our developers).

  347. Comment by Tiler McCrory posted on

    Hi

    Over the last 10 years I have noticed a neighbour's boundary fence extend over their boundary line to land that does not seem to have any ownership other than from the original developer in 2003. As a result they vast square meters of extra land which they have now absorbed into their land. Can this be contested and if so what is the process? The land in question is a right of way for non vehicle access between developments.

    Thanks

    • Replies to Tiler McCrory>

      Comment by AdamH posted on

      Tiler - it is very much legal advice you need here if you are looking to contest someone's ownership or actions in respect of land/property. 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 Practice Guides 4 and 5 offer some insight into what the registration requirements are re such claims of ownership but it is very much legal advice you need https://www.gov.uk/topic/land-registration/practice-guides

  348. Comment by HB posted on

    Hi, I wonder if you could help me? We have the old concrete posts with the wire going through surrounding our garden, which we have always regarded as the boundary between ourselves & our neighbours.
    Our neighbour's fence has been erected on our side of their concrete posts. Does this mean that this fence is in on our land?
    We need to put in 2 new gravel boards under this fence due to some garden work we are having done, but the neighbour won't let us saying that we are damaging her property. Surely if the fence is on our land, we should be able to do the work we need.

    • Replies to HB>

      Comment by AdamH posted on

      HB - we can’t tell you where the legal boundary is or who is responsible for it. The blog article explains how the registered details can help but they are just part of the consideration, which also includes your/your neighbour’s view. Invariably such things are only resolved through mutual agreement but if you can’t achieve that then it’s legal advice you need re what options you (neighbour) has.

  349. Comment by Joseph posted on

    Good Evening, Was hoping you could help me please, I have been a homeowner of my property for 25 years, Mortgage paid off and I have my title deeds ownership of the home.

    We had a back garden extension built 7 years ago, though, before this, we had a wall and wire fencing which partitioned both my and my neighbours garden, the small wall was in my part garden. Since my extension was built I had a fence erected and my fencer mistakenly fenced up to my extension rather than behind the small wall next to my extension that was a partition between I and my neighbours garden.

    There is no dispute between myself and neighbour as she was happy for the fencing, though, she understands that the wall should be in my part of the garden so I have access to the side of my extension, as unfortunately the only way to access my side of extension roofing would be through her (technically my) garden now.

    She is more than happy to record a boundary agreement and rectify the fencing back to where it should have been. Also, record a boundary agreement to record the two boundaries between our properties and who is also in charge of hedge maintenance at the front my home which is my responsibility as I have maintained the hedge for 20 years plus.

    Additionally, I would also like to record the exact boundary (determined boundary) that I will have plans drawn up by a surveyor detailing a more precise boundary with measurements etc... I would like to do this because my neighbour has mentioned about moving and so I would like these records permanently recorded on my property in order to prevent any future problems or disputes occurring should my neighbour move or if ever I sell my property in the future.

    She is happy to go ahead with it all, though, the hick up I have is that she is a council tenant and not a property owner, she has lived there for more than 5 years and has permanent residency but I don't know if she is responsible when it comes to making the agreement on behalf of her side of the property or do I have to contact the council?

    I just want to make this process as easy and smooth as possible to be honest, though, I am in a whirl on what to do and how to do it, please? Please do correct me if anything I have said above is wrong and would be kind to have your guidance.

    Thank you.

    • Replies to Joseph>

      Comment by AdamH posted on

      Joseph - any registerable agreements would have to be between the legal owners so with the Council and not he tenant.

  350. Comment by Lisa posted on

    I wonder if anyone can help me, I own my house and the fence needs repairing on one side, I have spoken to my neighbour who originally said she would fix the fence but then changed her mind And is now saying she will not replace the post. She has written a letter saying the fence belongs to this house?! The deeds say the boundary is hers but because the fence was replaced two owners back (of my house) we now are responsible for that boundary? (The fence is the same all the way round) there is nothing on the deeds, nothing in writing and they have nothing in writing? Is this true? She has also said that our fence is illegal because it’s too high. The fence had been up at least 8 years and I feel that her dispute is really with the previous owner rather than us but she has been quite unpleasant. Can anyone advise me. What can I do?

    • Replies to Lisa>

      Comment by AdamH posted on

      Lisa - we can't tell you who owns or is responsible for a fence/boundary. You already appreciate that whilst the registered information indicates one thing if a neighbour takes on the responsibility that can indicate something else. As such it is invariably down to neighbours to decide and agree a way forward.
      If you can't agree then 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

  351. Comment by Ben posted on

    Hello, we gave permission for our neighbour to build a garage wall on our boundary line. What would we need to update from a legal stand point if anything at all?
    Thanks

  352. Comment by Ben Underhill posted on

    Hi thanks for the response. I guess legal advice will be very expensive?

    • Replies to Ben Underhill>

      Comment by AdamH posted on

      Ben - all depends on the Qs asked and how much time that takes I suspect. But it is essential to understand the legal implications before you seek to agree and/or register anything

  353. Comment by Ben Underhill posted on

    Ok thank you. I guess this will all need to be sorted before selling?

  354. Comment by sarah slimani posted on

    hi, me and my husband bought our house a couple of months ago. We have been told that the boundary of our property belongs to a charity organisation but we can not find any proof of this anywhere and they are not willing to provide it. When we look at our title plan document it just has a red line going around the whole of our property. Our solicitor has requested information from them also such as who gave them this endowment, when it was given and if they would be willing to let us take care of this boundary as it is out of control. We have tried negotiating with them but they are being unreasonable. Is there anyway to find out who gave the endowment to the charity and who actually owns these bushes as they are not included in our title plan anywhere or in any of our documents. Thanks.

    • Replies to sarah slimani>

      Comment by AdamH posted on

      Sarah - you should rely on your legal advice here as we would not have details of any endowment for example. The blog article explains how a variety of information may be available to each neighbour and how invariably it is for neighbours to share, discuss and agree a way forward. If your neighbour won;t share then your solicitor should be able to advise what options you have and what legal implications exist both re those actions and what your neighbour may do in return

  355. Comment by Verity West posted on

    I am in a boundary dispute with a new neighbour, as a boundary line appears to have moved on the Land Registry documents. Please could you explain how this can happen, without Freeholders being aware, and how to obtain historical maps in order to restore the correct boundary line on LR. The current/live documents are incorrect. Thanks

    • Replies to Verity West>

      Comment by AdamH posted on

      Verity - boundary lines very rarely move on our title plans and where they do the owner(s) would normally be aware/informed. I would suggest that you use our contact form to provide the specific details so we can take a look and email a response once we have checked the registraytions https://help.landregistry.gov.uk/app/contactus_general

  356. Comment by Nick posted on

    Hello - Part of the wall at the rear of our garden has collapsed into the council owned alleyway behind. It is an old sandstone wall. I have spoken with our solicitor who has checked our title deeds, which do not detail clear ownership - It is an old house and he says this is not uncommon. He says this is called a silent boundary, therefore would be the responsibility of both us and the council to cover the cost of repair. Please can you confirm whether this would be your understanding too, and who I should speak to at the council to help move this forward? Many thanks.

    • Replies to Nick>

      Comment by AdamH posted on

      Nick - we can't tell you who owns or is responsible for a boundary I'm afraid. Whilst a registered title may refer it is not always the sole source of information on which owners might rely.
      You are correct though that such matters are invariably for neighbours to discuss and agree upon so if your neighbour is the council then it seems the right move to contact them. Each council can vary but I would suggest trying the planning or estates department. Otherwise just contact their general number/email

      • Replies to AdamH>

        Comment by Nick posted on

        Ok - thanks for your help on this Adam

  357. Comment by A.J Baxter posted on

    I moved into my house 12 years ago and there was an existing dividing fence between myself and my neighbour (my garden is higher up than theirs)
    I am currently having both my back garden and front driveway re paved and my neighbour is disputing the boundary.
    The pre existing fence line has in no way been moved and my neighbour has admitted he and his father installed the fence years ago knowing it was around 1-2 inches more on his property.
    Does he now have the right to demand I lift the newly laid stone as it encroached on his land?? Although he doesnt want to pay to move the existing fence!
    (This morning he accused me of land grabbing)

    • Replies to A.J Baxter>

      Comment by AdamH posted on

      A J - we can’t advise you on what rights you/he have and we can’t tell you where the legal boundary is. A few inches is generally only resolved between neighbours. Try online forums such as Garden Law where such matters are often discussed. They may throw up some ideas. But ultimately you, your neighbour and the situation are unique so what works for others may not work for you

  358. Comment by Christine S posted on

    I live in a Privately Ownded House with a Shared Drive, shared by 4 houses. The drive is 3.3m in width, with a hedge along the length of the drive. We all maintain the hedge along the drive in front of our houses. The person living in the house at the start of the drive does maintain his hedge but refuses to cut it back to the tarmac drive width access boundary. At present the hedge in front of his house protrudes the boundary edge by 1.2m leaving only 2.1m for us to pass with our vehicles. Which means 3 of the houses using the drive are having problems accessing the drive with our vehicles. We all have a garages attached to our houses so do need to access the drive. As it is a shared drive are we in our rights to trim back the hedge in front of his house to the tarmac drive boundary? We have asked him to trim the hedge further back, his response is we should not have such big cars.

    • Replies to Christine S>

      Comment by AdamH posted on

      Christine - 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

  359. Comment by Sal posted on

    i am just wondering can you change deeds so you & a neighbour can share a wall, rather than just the neighbours owning it ? Of course with the neighbours permission Or can you take full responsibility & own a wall which is a neigbbours if they are happy for you to have it? If so how is either of these options done & how much does it cost.
    Thanks

    • Replies to Sal>

      Comment by AdamH posted on

      • Replies to AdamH>

        Comment by Sal posted on

        Thanks for the reply Adam. I have had a read through & i am a bit boogled & feel my question hasn't got an answer? ? would like to know a simple yes or no if you can share a wall or own a wall, with permission! Who do i need to speak to, do i need a solicitor involved & what is the cost? If any of these questions can be answered without a link i would really appreciate it. All the rules,laws of land registery is far too confusing!! Thanks.

        • Replies to Sal>

          Comment by AdamH posted on

          Sal - we don’t write the law re walls/boundaries. If you are looking for answers to Qs re boundary law/ownership then I’d recommend online forums such as Garden Law and Money Saving Expert. But remember that you, the wall, your neighbour and the boundary are all unique so invariably it comes down to you and your neighbour to discuss and agree a way forward.
          If you want a simple yes or no then based on experience Yes you can own and/or share a wall. No you don’t need a solicitor involved but if you want to understand the law then I suspect you do.
          And as far as cost goes that all depends what you decide to do

          • Replies to AdamH>

            Comment by Sal posted on

            The neighbours own the wall, well the "T" from land registery shows it's theirs. Basically we need to replace the existing boundary wall which is marked as the neighbours as it is becoming unsafe- leaning. We were happy to pay half to put new wall up which was discussed with the neighbours but now it's due to be done The neighbours arent in the posistion to fund for their half which currently we have paid all the money for like the bricks, sand etc, ready to begin, they are happy for the work to still commence but unfortunately all at our own cost! We are worried now if we pay for all the work to be done & the neighbours decided to move at some point when the new owners move in on the land registery it shows it is their wall so could knock the wall down that we are going to pay full cost for, & they wouldn't need our permission to do so, & of course they wouldn't know that we were the ones that paid for it to be put up?! That's why we wanted to know if we can change the land registery to say it is a shared wall or would be better to have it say it is now ours so we know it will be protected & no one can knock it down at any point. (Neighbours staying put for 5 years but considering moving after that). We are not at all arguing about the matter they are happy to do what we want. Do i contact land registery to get it changed??

          • Replies to Sal>

            Comment by ianflowers posted on

            Sal - As mentioned by my colleague, you can own and/or share a wall. This might involve a deed / agreement / declaration as to the ownership or maintenance of a boundary feature which could be the subject of application to us to note the provision on the register. But you'd need to seek independent advice on the content of such a deed or declaration and also on the legal implications, for example, whether it will provide the protection / security that you're seeking.

            Please also note that as mentioned in the blog, 'T' marks in themselves which are not referred to in the text of a deed have no special force or meaning in law and so they don't really impact on this other than to assist any discussions with your neighbours.

  360. Comment by Ana posted on

    Our neighbour is saying we need to move a fence approximately 60cm into our garden. He bought a property from the council and the sale included a disused path. He says our fence goes into the path and so what is now his land. We had/have shared access to the path but the neighbour's solicitor says that we no longer have this because of the sale of the property/path. My question is that, if it is less than a metre, do we legally have to move the fence?

    • Replies to Ana>

      Comment by AdamH posted on

      Ana - 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

  361. Comment by Richard posted on

    A builder got a land parcel together in the early 90's and since, various bits have been sold. It has become apparent that the boundaries on the Land Registry do not match the ground - It looks as if the transfers have used the planning permission application map, which is just a little different to the built area later.eg the planning map parking area which was sent to LR well after the build now covers some pavement and parking.

    The new owners of the land and the builder, who still has holdings within this parcel agree the boundaries on the ground and would like to get in a surveyor to map the plots accurately for a simpler future. There is no money changing hands, just using modern tech to be accurate.

    Can we just send in agreed substitute maps?

    There are also some bits transferred in error, which have to be returned... but that is another issue. Welcome any bright ideas on it though!

    Thanks

  362. Comment by steve posted on

    I am buying a property and have an official copy of the title plan which is actually shows slightly more land than what I have seen on two viewings. I am aware that the title plan will only show the general boundaries, but in this instance the title plan specifically shows an extra 'triangle' of land - maybe 10ft x 10 ft - at the end of the garden which is clearly part of the neighbour's garden. How concerned should I be that the title deed is not quite correct and should I look to get this 'regularised' or can it be put down to the 'general boundaries' premise?

    Thanks

    • Replies to steve>

      Comment by AdamH posted on

      Steve - any discrepancies should be raised with your conveyancer and then the seller as appropriate. 10ft x 10ft would not come under the general boundaries premise you refer to.

  363. Comment by steve posted on

    Thanks Adam, that's very helpful.

  364. Comment by J.C. posted on

    My next door neighbour has a tree on her property. It is now damaging the fence palings. The neighbour is saying that now the fence is on the boundary the tree belongs to both of us and the cost to remove the tree should be shared. Is this true?The two properties are court yards and on the plans there is no measurement as to where the boundary is.

    • Replies to J.C.>

      Comment by AdamH posted on

      JC - not something we can advise you on I'm afraid and it is very much legal advice you need. Our Practice Guides 40 supplements 3-5 may offer wider guidance 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
      https://www.gov.uk/topic/land-registration/practice-guides

  365. Comment by Claudia posted on

    With potential driveway works being planned, we would like to find out who the rightful owners are of the shared pathway between ourselves and our neighbours. We looked through our paperwork and found the Coveyance papers with the following wording:

    The First Schedule hereinto referred to:
    The right of the purchaser and sucessors in title...in common with the owners and occupiers of adjoining (neighbours) to go pass and repass on foot only over and along such portion of the common accessway serving the two properties as is not included within the land edged red on the plan hereto annexed

    The Second Schedule hereinbefore referred to
    the right for the council and its successors in title the owners or occupiers of (neighbours) to go pass and repass on foot only over and along such portion of the common accessway serving (neighbours) and property hereby conveyed as included in the land edged red on the plan hereunto annexed.

    • Replies to Claudia>

      Comment by ianflowers posted on

      Claudia - The schedules mentioned appear to refer to rights granted and reserved over the common accessway rather than ownership but it'd be a case of reading the whole deed so the passages are in context. It is the case that rights of this kind generally appear where the ownership of an accessway is shared.

      If the properties are registered, the title plans will show the general extent of each property edged in red. Please see our general guidance on downloading a copy or copies if you need it: https://www.gov.uk/search-property-information-land-registry.

  366. Comment by Josh posted on

    Adam,

    Is there any law regarding the ownership or the boundary fence? For example, if in our deeds it shows we own the fence and the boundary is ours to maintain does it stop anyone else from painting the fence or attaching anything to it?

    Is there a specific piece of legislation? If possible please may you include a link.

    Thanks in advance

    • Replies to Josh>

      Comment by AdamH posted on

      Josh - not something we can advise you on I'm afraid and it is very much legal advice you need. All we can refer you to is our Practice Guide 40 supplement 3 which does refer to some legal presumptions, the law/legislation https://www.gov.uk/government/publications/land-registry-plans-boundaries
      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

  367. Comment by Marvin posted on

    Back in the seventies, when I moved into my house, we became close friends with the neighbours whose garden was at the bottom of ours, There was a parcel of land of a metre wide and four metres long that was more on our side that they gave to us. I gardened it for a while, then after having childen, going to work etc., I had no time to see to the garden. Over the years the property next door to theirs, that only had a back yard, was sold and resold. At one point, I came back from work to find that the guy had fenced off this extra piece of land. I complained to him - but he was a bully and told me that he could do what he wanted. I went to a solicitor - the solicitor told me that no court would be bothered over such a small piece of land. I did not have the money to do anything about it - and then my friend moved away. This intruding property sold a number of times and I have only just found out that the last owner registered my land with the land registry as being his. I have a shed on my property - it has stood there for about twenty years. This is really not fair - I just do not have the money to fight it. I now need to renew my shed - but the new neighbour has put a shed so close that I cannot gain access. Is there anything I can do? The original plans show the boundary of that land and it does not belong to the house where the owners have taken it - and since this belonged to my friend, it was all arranged under a verbal agreement - no-one had any money at the time. I cannot afford to pay legal fees.

    • Replies to Marvin>

      Comment by AdamH posted on

      Marvin - I am sorry to read of your plight here but there is nothing we can advise you on as it very much legal advice you now 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 to understand what rights you, and indeed the neighbour has here.

  368. Comment by Marvin posted on

    Then it would appear that I have no rights. That which had been rightfully agreed by friends now becomes the rights of strangers. I cannot afford to fight issues legally.

    • Replies to Marvin>

      Comment by AdamH posted on

      Marvin - whilst I can appreciate your feelings on this it is the law which is there to protect the rights of individuals, which includes both you and neighbours. So it’s legal advice you need on the law here. If you decide not to seek any then I’d suggest sharing details on Garden Law, a forum and not a blog so attracts more commentary on specific issues.

  369. Comment by sarah posted on

    I sold part of my woodland that has a roadside boundary.The owners of that part have let their fences fall into disrepair/non existent.People are trespassing into my land via the broken down fencing saying it is not trespass as there is no fence.The woodland I sold and my own retained part were not divided internally by a fence when I sold it.nor is it now.no has ever been.Does this mean their roadside boundary fence is shared?Do they have increased obligation as there was never an internal fence?Theirs falling down puts my land at greater risk now and stray sheep and ramblers get in.I did put covenants on the land stating its their responsibility to maintain their fences.Enforcing a covenant ,as they are proven elusive with responsibilities,will cost far more than me just fencing that bit.or do i fence it then send them the bill?

    • Replies to sarah>

      Comment by AdamH posted on

      Sarah - 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

  370. Comment by Alex posted on

    I am looking at buying a property but the front garden is not included in our land registry information we have been given effectively causing us to trespass on someone else's land to gain access to our property. is there any way i can stop this and have that part transferred with the property

    • Replies to Alex>

      Comment by AdamH posted on

      Alex - if you identify the legal owner and they transfer it to you then yes

  371. Comment by Anne posted on

    I have a detached house one side of which edges on the boundary with neighbours. I want to have rendering installed all around the property which will be 4cms thick which will improve the look of the property from my neighbours view. Is this allowed as it will slightly overlap the boundary by 4cms?

    • Replies to Anne>

      Comment by AdamH posted on

      Anne - not something we can advise you on. In my experience it’s all about making the neighbour’s aware and agreeing next steps.

  372. Comment by Richie Acheampong posted on

    Does a fence post mark the middle of a land boundary? my neighbour has attached wood on my soide of the fence that i want to removes

    • Replies to Richie Acheampong>

      Comment by AdamH posted on

      Richie - it may do if that is what was agreed and formalised between neighbouring landowners for example. But there are no hard and fast rules if not so it's usually a case of sharing information and understanding and then agreeing a way forward. If you are in dispute over a boundary then it's also worth getting legal advice to understand how the law might view such matters and what can happen in such cases

  373. Comment by Richie posted on

    Hi Adam,

    The house builder hasn’t specified this. We both bought new with them few years ago. They have entered my garden to put a wood skirting along the bottom which is trespassing? There is no rule in the deeds just a plan but I dispute they have placed this on my side as apposed to theres

    • Replies to Richie>

      Comment by AdamH posted on

      Richie - very much a matter only you and the neighbour can resolve then. If you are looking for wider comment or advise then you should try online forums such as Garden Law where such matters are often aired and discussed. However please note that you, your neighbour and the boundary are all unique so what may work for others may not be repeated for you. Hence recommending legal advice if needed

  374. Comment by Phil posted on

    Hello, if the boundary is the wall of the house would pipes on the wall be crossing the boundary?

    • Replies to Phil>

      Comment by AdamH posted on

      Phil - 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

  375. Comment by Bel Brown posted on

    Hi there.
    We own a 1 acre paddock to the left of our house which is currently included in the land registry/boundary of our house.

    How would we go about creating a separate boundary for the paddock so that when we sell the house, we retain the paddock area?

    Thanks for any advice!

  376. Comment by Joanna Horton posted on

    My nieghbour has submitted planning of a bungalow in his garden which butts onto our garden. Over the last 3 to 5 yrs the same neighbour has been moving the hedge by hard cutting his side and planting new bushes along my side, I have spoken to him on numerous occasions about this practice and tried taking the new plants out only to have them replanted and surrounded with razor wire barbed wire and broken glass, again on my side. I now see looking at the plans for his build he is shoehorning a building on a tight space encroaching a metre onto my land and another metre all the way around the perimeter onto unadorned roads. Is there anything I can do to stop him in effect stealing my land.

  377. Comment by Joanna Horton posted on

    That should read in adopted roads. Sorry.

    • Replies to Joanna Horton>

      Comment by ianflowers posted on

      Joanna - As to your neighbour’s planning proposal, I should firstly explain that land registration and the planning process are entirely separate and the HM Land Registry does not have any responsibility or jurisdiction in relation to disputes concerning buildings / developments carried out (or proposed to be carried out) on land. More particularly, it would not a matter for us to consider whether a proposed development of land is in accordance with the terms of any deeds referred to in the register.

      The information in those deeds may assist the parties involved in reaching an agreement, but as mentioned in the blog, we normally only register general boundaries and the exact position of the legal boundary line is left undetermined. So, for example, we won't be able to say definitively where the legal boundary line is in relation to any physical boundary such as the hedge that you refer to .

      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 independent legal advice, such as from Citizen's Advice or from a conveyancer such as a solicitor.

      I am sorry we cannot be or more assistance, but I hope that this information is of use to you.

  378. Comment by Anthony george posted on

    I am in the process of moving the right of way red lines on my shared freehold title so as the ground floor freeholder can build an extension.
    Can anybody tell me about these red lines, they have black lines either side to give the red lines width but I would like to know what the true width of the right of way is, the plan doe's not show measurements.
    Are the width of the red lines a legal thing, if I do not draw the correct width of red line can this limit the use of the right of way.
    I would like to have a width or about 1 metre.
    How wide should I draw these red lines?

  379. Comment by RF posted on

    We currently own 2 semi-detached dwellings which lie on a single plot of land, and registered as such. We now wish to create a boundary to split the property into 2 separate semi-detached properties, each with its own defined land. What rules exist regarding creating new boundaries? Also there is currently a shared drive to the 2 dwellings, what rules are there as to where the boundary should be drawn, on or alongside this driveway?

    • Replies to RF>

      Comment by AdamH posted on

      RF - if it's an internal split then you can do as you wish. There are no rules from our perspective as we would not register the split until such time as part was sold off for example. Our PG 40 supplement 2 explains how a plan to show such a split on sale for example should be prepared https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications
      The same applies to any shared driveway so if you are going to change that and say sell off part you would need to consider what rights/ownership were required with regards the shared drive/use.
      In the circumstances if you are looking to split and sell then I would recommend you seek legal advice/assistance

  380. Comment by Jackie Hunter posted on

    I have a ground floor maisonette that I lease to the local authority. There is a wall alongside the maisonette between my property and a small car park where the maisonette owners park, each property has its own space. The first parking bay belongs to my property, although the tenant lets anyone park in it as she does not use it. The wall runs the length of my property from the front to the end of the back garden. The other side of the wall are these parking spaces. I have been notified by the local authority of an incident whereby someone unknown has reversed into a parking space and knocked the wall down and it needs rebuilding. The local authority have told me that it is my responsibility as it is a boundary wall to the property, and not that of the tenant. I have looked at my deeds and land registry and it is not clear if this wall is all mine or not. Would the person in the maisonette above mine be responsible for half of the cost of the repair of the wall as their property sits above mine on the same land, or would the people who's car parking spaces back onto this wall have some form of responsibility, or am I totally responsible? Any advice you could give would be gratefully received thank you.

    • Replies to Jackie Hunter>

      Comment by ianflowers posted on

      Jackie - As mentioned in the blog, we can't tell you whether you are responsible for a particularly boundary feature and usually the deeds/ title documents will be silent on this as appears to be the case here. It wouldn't appear that the maisonette above yours would be responsible as their's would normally be a leasehold title for the first floor only.

      As to whether the owners of the land on the other side of the wall (i.e. the parking spaces) have some responsibility, that's something you need to consider seeking independent advice on, for example, from Citizen's Advice or from a solicitor such as a conveyancer. Party wall legislation may also come into play as this can include garden walls, but this isn't something we're involved with and again, you'd need to consider seeking independent advice if you're unsure how to proceed.

      I am sorry we cannot be of more assistance, but hope this information is of use to you.

      • Replies to ianflowers>

        Comment by Jackie Hunter posted on

        Thank you for your quick response Ian. My maisonette is also leasehold, so would this make any difference with anything? I would assume also that the tenant has no responsibility even though they don’t care who parks in the space belonging to the property? Just wanted to clarify thank you for your time .

        • Replies to Jackie Hunter>

          Comment by AdamH posted on

          Jackie - if there was anything specific re the boundaries/parking space in these circumstances it would probably be referred to the leases. A tenant would most likely only be involved on that score if they were a party to some arrangement eg lease/tenancy agreement that referred.
          If the issue is over the use of the land/parking space and boundaries, and the registered information dies not refer, then as mentioned it’s really a case of who owns what discussing and agreeing a way forward.

  381. Comment by SteveS posted on

    I border to the side a property owned by a charity. There is a substantial hedge between the two properties (up to 15 feet wide) and the boundary lies somewhere beneath. From what I can see peering into the hedge there is no obvious mark to establish precisely where the boundary is along the bulk of the length. I am now looking to landscape the garden area and can't be certain how far I can cut the hedge back and where I can position my new fence. Additionally, we are looking to do a side extension. At this section of the boundary (beside the house) there is actually a fence, but it doesn't appear to tie up (precisely) with the title deeds (it's around 2 further away from my house than the land reg suggest). When we bought the house we'd assumed the fence was the boundary. So just wondering how we go about establishing the placement of the boundary and how we go about clarifying the fence relative to the land registry plans?

  382. Comment by David posted on

    Hi,

    We purchased a property two years ago with a drive that has a boundary wall running parallel. We were always lead to believe that we owned all of the driveway running upto the boundary wall.

    Now we have a developer who owns the land next door (who purchased the land from the same vendor as us), who is claiming that they own the boundary wall and half of the drive. After taking this up with our vendor, it seems they submitted the wrong plans as they mistakenly believed the plans showed the boundary upto to the wall. The developers title plan does show that he owns half the drive and the wall. The developer is now demanding that a fence is built along half of our driveway. They also want to remove the wall (despite the fact it has been there since the late 1800's). This will affect our privacy as we are in a bungalow and the developer is has permission to build 2 storey terraces which will overlook us and will impose on our property. The vendor has argued with the developer that we should own the drive upto the boundary wall despite the mistake on the plans submitted when we completed the sale. Where do we stand with this and can we take legal action to compensate for the loss of land?

    Thank you in advance for your assistance.

    • Replies to David>

      Comment by AdamH posted on

      David - very much one for your solicitor to unravel and advise upon for you. We can only provide the registered information and you seem to have already obtained that. We cannot advise you on where you stand legally or what compensation for any loss might involve. In my experience that would be dealt with through the solicitor who acted for you and their complaints procedure as appropriate

  383. Comment by Marcus posted on

    We live in a mews property and all houses require access to their garages via a shared access route across each other’s land. The issue is that the route marked on the title deeds has no dimensions (just a drawing of a pink route and the property outlines) and one of the neighbours is challenging the accuracy as they struggle to get their new car into the garage due to angle required.

    The route is “invisible” so I’d like to understand A. if the marked access route on the deeds is fixed (i.e. that is the only route for access across all land), and B. How we can get the route physically mapped to avoid any future conflicts.

    • Replies to Marcus>

      Comment by AdamH posted on

      Marcus - it's fixed in so far as how it is shown on the register/in the deed/deed plan. Plans are one dimensional so will rarely be precise/exact even if they include a measurement as who measured, what with and where from all mean that often it's a case of interpretation. If there are multiple users/landowners and it is not clear cut then discussion and agreement are the way forward.
      As to other routes you'd have to look at the registered titles and/or deeds involved as well as discuss and check if anyone has been using another route over time for example.
      If you want to formalise and physically map something different to what is already in place you would either need to draw up a legal deed with those involved or do something similar to vary and fix the existing deed/right.
      Our PGs 52 and 62 will assist re the registration of rights (easements) granted/reserved or claimed whilst PG 40 supplements 2, 3 and 5 offer guidance on plans and registration https://www.gov.uk/topic/land-registration/practice-guides
      If you are in dispute over the matter or are unsure of the legal position then I'd recommend seeking legal advice

      • Replies to AdamH>

        Comment by Marcus posted on

        Thank you for the response, it’s appreciated. I think some professional advise would make sense, maybe not a lawyer, but someone like a survey mor who can help give a more accurate view of the road. Thank you again.

        • Replies to Marcus>

          Comment by AdamH posted on

          Marcus - a surveyor can assist interpret plans and the reality on the ground. Their findings can be helpful but ultimately if all parties don;t agree then legal advice is always recommended

  384. Comment by Lynn posted on

    We have a complex boundary issue that I have tried to summarise here:
    1. The Title Plans for us held at Land Registry, and our neighbours do not match up, around our garden areas. There is a discrepancy of a strip roughly 2m by 27m that on one plan is shown to be owned by us and on another is showed to be owned by our neighbour.
    2. Our land was part of a larger estate owned by MAFF (Ministry of Agriculture Fisheries and Found) which was subsequently split up and transferred to a private occupier on 13 April 1973. Our neighbours land was transferred after ours by MAFF to a private occupier on 14 July 1977. The Deed Plans show we were both transferred the same strip of land that is now a discrepancy in the Title Plans.
    3. Our Land Registry Title Plan does not match our Deed Plan, but seems to match our neighbours Deed Plan
    4. Our neighbours Title Plan does not match their Deed Plan, but seems to match our Deed Plan.
    So via the Deed Plans we own the same strip. We are registered at land registry as owning the strip via our neighbours Title Plan but not our own. Our neighbours are registered as owning the strip via our Title Plan but not their own. On the ground not all of the land is fenced off and enclosed but the main fence that separates our gardens follows the boundary shown in our title plan (and their Deed Plan) but not our neighbours title plan or our Deed Plan).

    I have written to Land Registry some time ago asking for our Title Plan to be amended to match our Deed Plan but received a letter saying that the plan was prepared some time before the site was fully developed and is drawn to a small scale and cannot be relied upon for determining specific dimensions.

    Can you please offer any advice on which boundary is correct, or how we can go about establishing the correct boundary as essentially none of the Deed Plans or Title Plans match up?

    • Replies to Lynn>

      Comment by AdamH posted on

      Lynn - as I suspect our response explained the title plans show the general boundaries. Our PG 40 supplements 3-5 explain further https://www.gov.uk/topic/land-registration/practice-guides
      If the reality on the ground differs from what is registered, and all the land is within the two titles/ownership, then the next steps depend largely on you/your neighbours and your mortgage lenders (if any).
      If the omissions are significant then it might be prudent to consider transferring/exchanging land and applying to register same. If it is more a case of simply confirming the boundary position then and agreed or determined boundary might be an alternative.
      There is also the alternative of claiming the land through adverse possession - see PGs 4 and 5 https://www.gov.uk/topic/land-registration/practice-guides
      Much I suspect will depend on whether you both occupy land currently registered to the other and how your neighbour views it and wishes to proceed.
      However I would recommend seeking legal advice to ascertain what your respective rights might be here and how best to proceed.

  385. Comment by Lynn posted on

    Thanks for reply Adam. I've actually relooked at Title plans and we are both registered as owning strip via Deed Plan but neither is registered is registered as owning via Title Plans. There is a gap of 2 metres in the Title Plans that is not accounted for. Does this change your advice? I think Land Registry must have noticed discrepancy when preparing our neighbours title plan after ours so have not registered the land to them but they also have not gone back and amended our Title Plan. This may well have led to our predecessors putting up fence in wrong position as they followed Title Plan rather than Deed Plan. So essentially we have lost 60 sq metres of land. I'm not sure if adverse possession can apply when essentially the neighbours own the strip via the Deed Plan. I've read you can not adversely possess land you actually own.

    • Replies to Lynn>

      Comment by AdamH posted on

      Lynn - not at all as it is the title plan that you would now be referring to. So you would be referring to the title plans here to decide what, if any, application is required to match those as best you can to the reality on the ground/actual occupation and ownership for example.

      • Replies to AdamH>

        Comment by Lynn posted on

        I must say Adam I am now totally confused as you say rely on the Title Plan to refer to now but previous response from Land Registry by letter has said

        "Land Registry Title Plans only show general position, not the exact line of boundaries and in this particular case your title plan was prepared some time ago before the site was fully developed and is drawn to a small scale, therefore it should not be relied upon for determining specific dimensions."

        This points us back to having to use Deed Plans to determine specific dimensions and in those we both own same strip of land.

        • Replies to Lynn>

          Comment by AdamH posted on

          Lynn - the title plans will show the registered extents so they are what you would refer to to establish what is included in each title. Yes, deed plans can help to understand the history/more details as included on those plans but if you are referring to who owns what the it is the title plans you would refer to.
          My reading of your deed plan/title plan conundrum is that you feel that you/your neighbour own land which is not included in the respective title plan. If so then you need to refer to the linked guidance and decide how best to resolve that.
          If you are still trying to assess whether the land is included or not in a specific title then the deed plans may help re measurements but it's still a matter for you to both discuss and agree upon. If the site has been developed/changed in some way over the years and if the registered extents need to be changed or some form of agreement reached then again the linked guidance explains what can be done.
          So to allay any confusion it is the title plans you would refer to for the registered extents and general boundaries. If they now don;t match the reality on the ground and you need to formalise the boundaries/make amendments then the deed plans can help to some extent if they include measurements. But you appear to have established that the registered extents need to be changed so it's up to you and your neighbour to now decide how.

          • Replies to AdamH>

            Comment by Lynn posted on

            Thank you Adam. I'll take the time now to digest the information that you have sent.

            Can you also confirm the process that we can follow if we eventually feel that Land Registry did not draw up the first Title Plan correctly to match our deed plans. This looks like it then led to a mistake when our neighbours were first transferred the land by MAFF. When I map out the dates of the documents you can see how this mistake leads on to all the current issues, including the reality on the ground, due to misinformation.

            Many thanks.

          • Replies to Lynn>

            Comment by AdamH posted on

            Lynn - if you think there was a mistake made on registration of either or both titles then you would need to make an application to correct the register on that basis along with sufficient supporting evidence to show that an error was made. https://www.gov.uk/registering-land-or-property-with-land-registry/update-or-correct-the-register
            I assume you did not raise the possibility of an error in your previous enquiry to which you received our original response. If you did then I would again refer you to the linked guidance and seeking legal advice as to the best way to proceed here

  386. Comment by Clare posted on

    I am due to exchange on a new property in a week and a half. The purchasers solicitor has demanded a storage unit be moved or they will pull out. It is located on my allocated parking spot but belongs to my neighbour (end terrace) clear on title deeds that this is mine by instruction. The neighbour is being difficult and seeking advice although I have offered to assist him moving it. It has been there for 6 years In total prior to my living here. Where do I stand? Thanks

    • Replies to Clare>

      Comment by AdamH posted on

      Clare - 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

  387. Comment by Rachellewisnz posted on

    Hi, my title plan shows that the boundary of my property (marked in red) extends about half way into the road. A normal road within the city. The council has a parking scheme on the road whereby residents require a parking permit to park. If I indeed have rights to use the road outside my house, how are the council able to put in the scheme that would adversely affect me if I didn't have a permit or parked on yellow lines outside my driveway?

    • Replies to Rachellewisnz>

      Comment by AdamH posted on

      Rachellewisnz - whilst halfway to the centre of a road may be included in the registered extent the local authority will often adopt the road and in effect be responsible for the top layer of the road. You'll need legal advice to cover off what legal rights you or the council have re your rights of access or their ability to restrict that in the way suggested. If you want to research the legal position re the ownership to the centre then search for the term 'ad medium filum'

      • Replies to AdamH>

        Comment by Rachel Lewis posted on

        Many thanks Adam , I'll look into it.

  388. Comment by LFD posted on

    I am in an end of terrace Victorian property and to the non-attached side there is a house - built at a much later date. The property is close, but not attached. The house wall runs alongside our garden and then, at the end of the house continues as an integral part of the build (overlapping bricks at the juncture) as next door's garden wall. It was obviously built as part of the the original house build. Part of this wall has now collapsed into my garden and the owner of the next door property is claiming that this is a shared boundary and therefore I am liable for 50% of repair etc costs. Surely this cannot be so of a structure that forms part of the original house build?

    • Replies to LFD>

      Comment by AdamH posted on

      LFD - there are rarely any hard and fast rules re such matters so very much something to get legal advice upon if you cannot agree a 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 it's still legal advice we would recommend. And it's important to remember that you. your neighbour and the wall are all unique to you so what may work for others may not do so for you.

  389. Comment by Terry arch posted on

    Many years ago there was a piece of land(not showing belonging to anyone) was split between 3 properties on the bounderies and fenced off we have been in the property 8 years but this was all done many years before that. How can I get our piece put on on title deeds.

  390. Comment by Michelle posted on

    I have today had a very agressive landlord of the property next to mine on the phone to me shouting at me and telling me that the fence that she and her agent previous errected to the left of my property is not her responsibility to repair despite her tenants having a dog. The previous neighbour built the fence and also took responsibility for repairing it for more tham 30 years, even going so far as to leave a request in her will that the fence be repaired. All of the neighbours have taken responsibility for the fence to the right of their property for more than 16 years in the time I have lived in my home (if standing at their back doors facing their back gardens or to the left if standing at the back of their rear gardens facing their houses). How do I know which side is mine?

    • Replies to Michelle>

      Comment by AdamH posted on

      Michelle - the short answer is that often you don’t. It’s invariably down to neighbours discussing and agreeing how they are going to deal with it. The information you mention can play a part and it’s worth checking what is registered as well. But you may also want to ask the neighbour why they think it’s for you to do when the information you have suggests otherwise.
      So gather what information you can, get legal advice if you are in dispute and then try to share information and understanding and agree/decide on next steps. And if you need to formalise it then do. The blog article explains this and links you to wider guidance

  391. Comment by Chris Pope posted on

    Our title deeds obtained from the Land Registry state "The boundaries of the Property being walls of buildings of the Property boundaries not adjoining other numbered plots and any marked inwards with a T shall belong to the Property and be maintained as such" and yet on the plan within the same document there are no Ts marked and there is a numbered plot either side of our plot. Does this mean we are not responsible for either due to the way the estate was originally planned? Is this even possible? If not, how do we know for sure?

    • Replies to Chris Pope>

      Comment by ianflowers posted on

      Chris - Our role is essentially an administrative one in registering ownership and other interests in land based on the deeds lodged with us, so we're not able to give view on what is included in, or excluded from, your deed or on the intentions of the parties involved at the time.

      In general terms, any T marks in the deed will only really be a guide to assist in any discussion with your neighbours and in the absence of any information these issues often have to be decided by discussion with neighbours in any event. Other matters may come into play, for example, whether a physical boundary has been removed / replaced since the deed was drawn up. The deeds for your neighbours' properties may also be of assistance here.

  392. Comment by James posted on

    Hi. I note that one of the presumptions when it comes to a boundary by the road is "that where a conveyance or transfer of land abutting on a road is made by someone owning land on one side of it only, then if they can be proved or are presumed, to own also the road up to the middle line, this half of the roadway is included in the conveyance or transfer".

    What is the situation, in general terms, when a conveyance has the entire road within one's boundary? In my situation I live in a cul-de-sac, off which is a 30 metres road which serves the front of my house only. On the other side of the road is my neighbour's side garden. The general boundary goes around the entire road, rather than in the middle (ad medium filum). In the rest of the cul-de-sac where neighbours live opposite the general boundary is in the middle of the road, but where neighbours have part of the centre of the cul-de-sac (own both kerbs) the boundary encompasses the whole road. I know I can't get a specific answer to my problem, but if a conveyance of land abutting the road means the boundary is in the middle of said road, wouldn't the logic be that if someone also has the other half of road then the general boundary must be on the land abutting the road? The land on both sides of the road was conveyed at the same time when it was built by a developer. My neighbour is claiming they own to the kerb on their side (but not half the road), which would mean the boundary between us was in the road, at the kerb line furthest from my house. Is this possible? I want to erect a fence on the boundary, but they are against this.

    Thank you.

    • Replies to James>

      Comment by ianflowers posted on

      James - we're not really able to answer this even in general terms, as it relates the legal position on which you may want to consider taking independent legal advice. Our Practice 40, supplement 3: https://bit.ly/37f96zm which you may have already seen gives some information on presumptions as to roadways in section 11.1 including a statement that those presumptions may readily be rebutted.

      Those involved may decide to consult wider, for example, with the Royal Institute of Chartered Surveyors as mentioned in the blog. Ultimately, where agreement cannot be reached, these issues may have to be resolved in other jurisdictions such as the courts, which obviously can be costly for those involved.

  393. Comment by Bex posted on

    Hi. Not sure if you’re able to help but our neighbour excavated down several metres next to our land to create a car park approx 7/ 8 metres from the house. Instead of leaving any space he excavated at the boundary and put a temporary fence up a metre into our land, this was before we moved in so a bit cheeky though nothing we could do to prevent it. What I would like to know is whether there is a distance he should he have left from the boundary for excavation and if not whether any reinforcement should have been made? There is just a drop now meaning that the fence we erected to block out the eyesore is not stable as there is not enough to ground to hold the posts in place. We have raised this with them though they have simply said we need bigger holes for the posts which is silly when that’s virtually impossible! Many thanks.

    • Replies to Bex>

      Comment by AdamH posted on

      Bex - 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

  394. Comment by LindaB posted on

    Hi - is there a general 'rule of thumb' regarding responsibility for fencing separating private housing? A fence separating our garden from our neighbour's property has recently blown down and some of it needs replacing / repairing. It was erected by a previous owner of my neighbour's house.My neighbour thinks it is probably my responsibility.
    Recently I read somewhere that fences on back and front garden's were a particular owner's responsibility but I cannot find a reference to this now.

    • Replies to LindaB>

      Comment by AdamH posted on

      LindaB - no rule of thumb as far as I'm aware. The blog article explains things in more detail and your neighbour's '<em>think it is probably your responsibility'</em> reaffirms the point that often such things are decided upon what has happened before combined with what each of you might want to happen next re repairing it.

  395. Comment by LindaB posted on

    Thanks for your help AdamH. Would I be right to assume that since the previous owners of the adjoining property erected the fence previously that it is my neighbours fence and therefore their responsibility?

    I have downloaded the Title Plan and Land Registry document. There aren't any Ts on the plan and I find it very hard to understand the document, particularly since it refers to house numbers that are at the other end of the development of 1930s houses.

    • Replies to LindaB>

      Comment by AdamH posted on

      LindaB - in my experience you can’t assume anything. Whilst they may have informed the new owners that they had put the fence up the new owners may feel that it could/should now b3 shared.
      The registered details won’t always refer and even if they do and the arrangement was 90 years ago it’s relevance is very likely to be significantly diminished
      You are far better gathering any information and understanding, sharing it with your neighbour’s and then agreeing a way forward.

  396. Comment by Natalie posted on

    Hi there, we have a town house semi-detached. We have a conservatory at the back of our house but it has a wall each side of the conservatory- our neighbour does not have a conservatory which means the other side of the wall is their garden. It is both new build properties and the fence has been put on our side of the thick conservatory wall- meaning technically our conservatory wall is within their boundary- which seems ridiculous as we cannot access the front of this wall. Because the builders apparently accidentally put our outdoor light switch on the wall which is on their side of the fence we are concerned the builders have put the fence in the wrong position. I have checked with land registry and it does not show as a party wall. Therefore if it is not a party wall does this not mean it is our wall if it is holding our conservatory roof up? - do you have any advice on legal documents I could get to prove where fence should be - I already have title deeds from land registry.

    • Replies to Natalie>

      Comment by AdamH posted on

      Natalie - 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

  397. Comment by Maria posted on

    Hi - we just bought a property and according to the deeds, we own and are responsible for the maintenance of the paved path that runs at the back of our property. The problem we are facing is that the boundaries between the path and the neighbour’s garden are not defined with a fence (fence is missing), they usually leave stuff on the path which prohibits access. Please could you advise if we can request them to install a fence in to define the boundaries of their property?

    • Replies to Maria>

      Comment by AdamH posted on

      Maria - not something we can advise you on I'm afraid and it is very much legal advice you need to ascertain what options you (and indeed the neighbours) have here. 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

  398. Comment by Steve posted on

    Hi, we own a detached property with fences on 3 sides around the garden. We came to agreements with 2 neighbors to replace the fences at the back and to the left of the property. The right hand side 'neighbor' is a retirement village they state that they don't own the fence as the other fences are all a different style to ours. These properties back onto the village, whilst ours is on the right handside of the property.
    There is nothing in the deeds about ownership of this boundary, any ideas who would own & repair this?

    • Replies to Steve>

      Comment by AdamH posted on

      Steve - very much something for you and your neighbour to discuss and agree upon. We can supply the registered information but as the blog explains that will rarely be the sole detail you require. 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

  399. Comment by Mandy S posted on

    Hi
    A bit of advice needed!

    We live on a unadopted road of which various parts were sold off to residents back in the 60's.

    Back in 1972 the previous owner of our house sold access rights to the road, to a house opposite ours, this crosses a strip of common land which we own.

    Just recently the neighbour has applied for a change of position to this entrance. He told us that the new entrance would be placed totally inside of his boundary so we agreed and made no comment to planning.

    He has now started the work and the foundations for the wall to the gate has been dug on the common land. Have been told by the planning department they cannot query this and the neighbour is not budging! Is there anything we can do? I do have all of the sale information with our deeds but as mentioned before the boundary lines are not too clear. Also do have a photo of where the original fence was.
    Thanks in advance

    • Replies to Mandy S>

      Comment by AdamH posted on

      Mandy - not something we can advise you on I'm afraid and it is very much legal advice you need especially if they are building on your own 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

  400. Comment by JayJay posted on

    Hi, I am having an ongoing issue with a neighbor who continually parks in a space allocated to myself on my TP1 form. He is parking there as he is stating that a copy of the land registry shows the space is his. Am I correct in thinking, the land registry image he has is a guide and does not show boundaries, and it is in fact my TP1 plan that is correct as it shows each property parcel and the land divided per plot? Thanks

    • Replies to JayJay>

      Comment by AdamH posted on

      JayJay - the title plan will confirm the general boundaries of the extent as registered under each title. If you own the allocated parking space then it will be included within the registered extent (red outline)
      I suspect the space is allocated for you to use and the TP1 you refer to then explains where it is and how it is allocated/to be used.
      So you would rely on the TP1 with regards the allocation/use and on the title plan re what you own

  401. Comment by AndyA posted on

    I have right of access to a short privately owned footpath at the rear of my neighbour's property adjacent to the rear of my property. My neighbour wishes to fence in this path and I have no problem with this. What is the correct method of amending the L R entry for my property to show that the right of access is removed. It falls outside my red line but is shown by hatching.

    • Replies to AndyA>

      Comment by AdamH posted on

      AndyA - see our PG 62 sections 11 and 12 as appropriate. https://www.gov.uk/government/publications/easements
      If your property is mortgaged I would recommend contacting your lender as well as they may need to consent to the loss of the right of way. And I would always recommend that you seek legal advice as well

      • Replies to AdamH>

        Comment by AndyA posted on

        If both me and my neighbours wish to remove the easement allowing my wife and I from using the private path at the rear of their property, should both parties apply separately? At present, our neighbours are offering to make one application with names both parties and properties. We would sign a supporting document showing the relevant pathway and listing both LR entry numbers. Is this the correct method? Thank you for the advice.

  402. Comment by Virginia Immergluck posted on

    I have an end-of-terrace which is next to a pair of semis. The adjoining semi wants to build a brick garage on the side of his house which will butt up to my boundary, my legal boundary being approx 1.7m from the side of my terrace ( I know this because I have Land Certificate which shows the exact distance from the side of the house to the boundary). The adjoining semi, however, has a distance of approx 4 metres from the side of his house to our adjoining boundary. The two properties are not similar. Isn't there a restriction on building within a certain distance of your boundary line? I know there probably isn't a restriction to this on the other (attached) side of the semi, but what does the law say about the unattached side?

    • Replies to Virginia Immergluck>

      Comment by ianflowers posted on

      Virginia - HM Land Registry essentially has an administrative role in registering ownership and other interests in land, so we can't comment on the law I'm afraid. You may want to consider taking independent legal 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.

      Any planning process for the build may also impact on this.

      Please also note even where there are indications on plans, such as measurements, which may help to position a boundary more precisely, unless the boundary has been determined it is still treated as a general boundary with the legal boundary remaining undefined.

  403. Comment by Nick posted on

    Hi, I have a garden fence that has a kink in rather than maintaining a straight line. This appears to match the deeds. I would like to rebuild the fence using a straight line and have approached the commercial company next door. They are happy for me to do so, but having looked at their deeds, their boundary is shown as a straight line. My boundary matches theirs at either end with the exception of the kink in the middle. As the house was built in circa 2000, I suspect the developers registered the boundary with a kink to avoid a tree - but cannot prove this. How do I legally get the boundary registered in a straight line? Also do I need to do this before rebuilding the fence.

    • Replies to Nick>

      Comment by ianflowers posted on

      Nick - Hi. I should mention firstly mention that our title plans are registered with general boundaries, meaning that the exact position of the legal boundary line is undefined. So we would not be in a position to comment on whether a boundary feature such as a fence has been erected in accordance with the title plan(s) or prevent you from rebuilding the fence in the desired position, where the neighbour affected is in agreement.

      What action is required in respect of applying to reflect a change to the boundary and the evidence required does depend on the individual circumstances of the case. You might want to make an enquiry with us in the first instance via our online contact form: https://help.landregistry.gov.uk/app/contactus_general . You might also consider seeking independent legal advice, for example, from Citizen's Advice or from an legal professional such as a solicitor.

  404. Comment by Rich posted on

    We own a parcel of land that the Local Authority has suggested is unenclosed. It is bounded by roads on all three sides and has hedges running the full length along 2. The third side had a bund which we levelled and grassed. Are we entitled to put a fence on our boundary along the third side up to 1m in height without obtaining planning permission? There seems to be no information that I can find about permitted development rights with regard to fencing on land that is situated in the brownbelt but does not have a dwelling on. For clarity the land is not amenity land.

    • Replies to Rich>

      Comment by AdamH posted on

      Rich - not something we can advise you on I'm afraid and it is very much legal advice you need or contact the relevant local authority planning department to clarify planning regulations. 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

  405. Comment by Suzanne posted on

    Hi

    We previously had a wire-type mesh fence separating our and the neighbours front gardens. 5 Months ago we had it replaced with a wooden fence with posts with the agreement of the neighbour and had a new driveway laid. She is now saying that the fence is over in her boundary. We have photographs that show that the walls she had before we had the work done are still there and have spoken to the drive man who says he measures everything to ensure his work is in the exact same space to scour this type of issue. She is saying she has measurements of the boundary but isn’t sharing them. Where do we stand?

    • Replies to Suzanne>

      Comment by AdamH posted on

      Suzanne - 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

  406. Comment by Anthony Smith posted on

    I own a house which has a shared driveway which is about 40 metres long.
    I am in the process of purchasing the house next to us that shares this drive. The house I am purchasing has a large driveway outside it that will take three cars.
    Once I have completed the purchase I am planning to change the boundary to make my driveway private, with a shared 15' access to the next door 's driveway and to then renovate and sell the house.
    How do I change the boundary line to remove the shared access and show the revised access for next door?

    • Replies to Anthony Smith>

      Comment by AdamH posted on

      Anthony - when you sell the 'new' property with the amended boundary the registration of that purchase will trigger the change to each title. You will effectively be completing a transfer of part at that stage https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
      We would not look to split or redefine the registered extents prior to such a sale/purchase simply because we have a backlog of transfers of part and such a split is unnecessary from a registration perspective until you actually sell the new extent. It's extra work effectively before that point.
      As far as the easements/rights are concerned then they too are best dealt with at the time of the Transfer. As things stand you can't release or vary them with yourself. Our Practice Guide 62 explains how easements are dealt with and such changes would normally form part of the conveyancing and the legal Transfer as and when the sale/purchase completes also https://www.gov.uk/government/publications/easements

  407. Comment by Alistair Landels posted on

    We own a house next to a school, I believe the 3.5 meter high fence on this boundary is mine (according to the previous property owner). The fence has started to fall down after the recent storms. What obligations do I have given this neighbour is a school, which is surrounded by what is mostly secure fencing. As it's my fence must I maintain it to a condition to security fence standards? Can I put a locked gate in it to maintain the fence?

    • Replies to Alistair Landels>

      Comment by AdamH posted on

      Alistair - its legal advice you need here. 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

      • Replies to AdamH>

        Comment by AlistairL posted on

        Ok, thanks Adam.

  408. Comment by Geoffrey REEVE posted on

    I sold a property and field in 2011 to my current neighbours, the TP1 form and plans noted approximate measurements. At time of sale flag markers were placed on the field separating field from my property on 2 sides and it was these we relied upon to sell and our neighbours relied upon to purchase. We sold our property earlier this year and our neighbours cast doubts on the estate agent and the sale fell through. They now rely on the written measurement on the plan. At no time in 2011 did they measure the boundaries lengths or locations, neither did we, but it appears the Agent at the time made an error of 1m over a distance of 37m. In the last nine years we have plants £££ of plans on one border which they now claim is their property. Any thoughts please

    • Replies to Geoffrey REEVE>

      Comment by AdamH posted on

      Geoffrey - not something we can comment on I'm afraid other than to reaffirm that the title plan/registered extent will show the general boundaries. Our Practice Guide 40 supplements 3, 4 and 5 may be of interest also. https://www.gov.uk/topic/land-registration/practice-guides
      It's very much legal advice you need 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

      • Replies to AdamH>

        Comment by Geoffrey REEVE posted on

  409. Comment by Faith V posted on

    Hi
    I recently bought a 1860’s property and am the end property of. Block of three
    In the course of doing some work on my house to do with damp I realised that my lounge wall actually ends in my neighbours garden
    I measured the distance externally and have discovered that indeed the line of my house does finish in my neighbours garden which leads me to believe that the boundary between these properties is incorrect
    We share a chimney stack nd if I take the middle lineof the stack down to ground level it does seem to suggest the fence and hedge are in the wrong place by over a metre
    I’m not sure how long this has been the case but am concerned about the implications for my own property if I do not try and sort this out with my neighbour in terms of future maintenance of the roof and wall and drainage.
    So how do I first of all go about clarifying the actual boundary of my property. I do have some title deeds but I’m not sure how to interpret them

    • Replies to Faith V>

      Comment by AdamH posted on

      Faith V - have a read of the blog and our practice guides 40 supplements 3, 4 and 5 first https://www.gov.uk/topic/land-registration/practice-guides
      The most important thing to understand is that the title plan will show the general boundaries. Not the exact legal boundary
      If you have old deeds/documents then they may help but in tandem with the thought ‘has anything changed’ since they were drawn up/title registered.
      It may also be worth considering getting legal advice and chatting/sharing details/thoughts/information with your neighbour
      If after all that you think it’s wrong then contact us with the details and why you think it’s wrong and we will do our best to explain or advise next steps. https://help.landregistry.gov.uk/app/contactus_general

  410. Comment by Mark Bedford posted on

    Our Cottage around 150- 200 years old is 3m lower than the field behind. IE the land was excavated and left as a steep earth bank. Bottom of bank to Cottage wall is around 600mm so very close. The field has been sold to a developer who says that LR shows the boundary at the bottom of the bank. Whereas previous owners ( both sides) can date back to at least the 1950s as the bank and a strip along the top belonging to the cottage.
    There are concrete steps in place and old (1960s) steps still partialy evident and parts of retaining walls
    I understand that LR & OS are not exact but the developer says it his regardless
    Would the hedge ditch rule be a starting point? The ground had to excavated by the original owner of the cottage plot and obviously they couldnt dig a field they didnt own.

    • Replies to Mark Bedford>

      Comment by AdamH posted on

      Mark - the legal presumptions can always be applied but very much one to get legal advice on. The solution usually rests between you and the neighbouring landowner. If you are looking for wider comment or advice then online forums such as Garden Law can be useful resources but very much legal advice needed re your specific circumstances

      • Replies to AdamH>

        Comment by Mark Bedford posted on

        Thank you Adam. The developer is a bit " naughty" and doesnt play by the rules so I think we may have problems (Illegal entrances onto main roads, starts work at 5am, illegal drains. Neither Planning or Building Control have ever been to site)- Thank you for the suggestion

        • Replies to Mark Bedford>

          Comment by AdamH posted on

          Mark - understood and if ‘a bit naughty’ then most definitely legal advice needed. We supply the registered details. We are not enforcers of it or sit in judgement when neighbours disagree - that’s why the law and legal advice clicks in

          • Replies to AdamH>

            Comment by Mark Bedford posted on

            Thanks Adam - Have taken your advice and spoken with Legal. Their view is that the verbal agreement we had with previous field owner + previous cottage owner and same landowner 20+ years back would be the basis of a boundary agreement. Legal said dont waste your money it will just make me rich and you poor.
            But nice to hear the principle is sound even if we lose
            Thanks again for your help

  411. Comment by Arwyn Williams posted on

    We moved into our property in August last year, a few weeks after moving in our neighbour decided to gravel the left side of his property. On receiving our plans from the solicitor it showed that he had actually encroached over onto our property by some 3 Meters.
    I questioned this several times with my neighbour but he refuses to correct the damage or put the boundary back to as it should be, these are clearly marked in red on his plans and that match mine.
    He mentioned that the boundary is indicative but as I have pointed out the plans are definitive and clearly show the boundaries.
    He has now decided to park his car on this area so I cannot change it, what are my options and is the plan received by the land registry a definitive boundary plan - Will I win if I took this to court?

    • Replies to Arwyn Williams>

      Comment by AdamH posted on

      Arwyn - the registered details will invariably show the general boundary. It will very rarely define the exact legal boundary or specific measurements. However it shouldn't be 3ms out.
      So very much something to get legal advice on as to what options you now have as your neighbour seems to be unwilling to discuss/resolve it with you. 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

      • Replies to AdamH>

        Comment by Arwyn posted on

        Thank you Adam,
        So how do I get a copy of the “Legal boundary” you mentioned?
        What is the point in handing out land registry plans if people can just do what they feel is their interpretation of the areas marked in red?

        • Replies to Arwyn>

          Comment by AdamH posted on

          Arwyn - the legal boundary is very rarely defined. Land law, written down the centuries, dictates that. For most properties the extent was based on a hand drawn plan and you can’t ignore that starting premise
          See our PG 40 supplements 3-5 for a full explanation. https://www.gov.uk/topic/land-registration/practice-guides
          Most land/property has clearly defined boundaries on the ground but some features are moved/changed for a wide variety of reasons over time. That awareness, the reality in the ground and the title plan should enable neighbours to agree where a legal boundary lies. If you can’t then that’s where the law clicks in to limit people from doing what they want to without considering those details and their neighbour’s view as well. That’s never changed

          • Replies to AdamH>

            Comment by Alan posted on

            Hi Adam,
            As far as I can see both my neighbour and I have clear boundaries drawn which are comparable, my argument is that he has decided to change these red outlined boundaries to suit his needs without consultation or agreement. He is now of the opinion that the boundary is ‘as the land lies’ with no supporting documents or proof, he basically plucked it out of the air, just his thoughts - How can that be justified and why should I now incur massive costs to disprove something I already know?
            Why is the law of this land so abysmally poor? It does not protect any home owner and as I have said before it is absolutely pointless for the land registry to supply these pointless drawings if they actually mean nothing!
            It seems I have little alternative but to allow him to have his little victory or face debt - How is that justice for any homeowner.

          • Replies to Alan>

            Comment by AdamH posted on

            Alan - whilst I appreciate the frustrations land law can cause you have perhaps answered your own questions in your comment. Whilst you may feel unprotected your neighbour presumably feels differently. This highlights how land law has worked for centuries and how such matters are best resolved between neighbours.
            Historically of course that often came down to which neighbour was the strongest/richest for example. Land law has evolved over the centuries since but if you want someone to decide what is justice then the legal option of court action remains available to you and your neighbour.
            Our role is largely to register transactions/interests involving land/property ownership. If you are looking for wider comment on your specific issue and land law then I’d recommend online forums such as Garden Law where such matters are often aired/discussed. You may even find some free legal advice or viable suggestions on how to pursue it without incurring huge legal bills/debt

  412. Comment by Matt posted on

    Our property is at the end of a cul-de-sac closed off by a fence line that continues into our rear garden.

    A new estate was built behind the fence a few years ago. Three of the new houses have rear gardens ending at the fence.

    Each of these houses have now built new fences up against the original fence on their land. The original fence has since sustained damage but cant easily be maintained due to the close proximity of the new fences. Ownership of the original fence is not known. The new houses are not affected by the way it looks because its hidden behind their new fences. How do I confirm who owns the original fence?

    • Replies to Matt>

      Comment by AdamH posted on

      Matt - in all likelihood you can’t but follow the article guidance by sharing information/understanding with the neighbour’s and agree a way forward. In my experience it is better to try and find a way forward to achieve what is wanted, namely a repaired fence.
      Trying to identify who owns it or who is responsible for it can work but if they disagree or do noth8ng you are still left with a damaged fence

  413. Comment by Alan posted on

    I would also add, these properties were only built in 1999/2003 so they are not that old as to have old historic plans that are difficult to interpret.
    It’s basically daylight robbery, theft but no protection for those it affects.

    • Replies to Alan>

      Comment by AdamH posted on

      Alan - understood but one thing to always appreciate with any plan is that it is someone’s one dimensional representation of what they see on the ground either in reality or planned for the future. A plan will always be limited in that way and it’s age often only influences how it is drawn for example

  414. Comment by Alan posted on

    Adam, I’m not sure what your position or capacity is within the land registry but there are certainly grey areas with boundaries & your existence?
    From your last comment, it seems that although I have the original developers plans and then subsequently the land registry plan you are telling me that these mean nothing?
    What is the point of the land registry issuing boundary plans in this case, why should property owners & solicitors pay you money for plans that have absolutely no meaning?
    I may as well tear down all my fences and make it up myself!
    And as for the comment you made about ‘Who is the strongest or wealthiest’ you seem to think that system is fair? Is it not more the case of who is willing to steal knowing that the law is so pitifully poor get away with it?
    I have suffered with health problems since 2018 and this type of stress I can do without, I am also unwilling to waste my hard earned cash over someone else’s stupidity and to line the pockets of money grabbing solicitors.
    The Land registry in this country needs a total overall, you are the ones living in the dark ages with your dusty old maps and title deeds and are unwilling to change.

    • Replies to Alan>

      Comment by AdamH posted on

      Alan - I’m clearly not making my points clear enough as these plans do mean something. When looking at a plan you need to understand it’s purpose and context.
      So for example a title plan is mapped by us to show the registered general boundaries. It’s primary purpose is to enable you to match that against the location/site and then look at the reality on the ground. A developer’s plan is mapping out how what their site is going to end up looking like. Two different plans prepared for different purposes.
      I didn’t mention fairness. My reply was aimed at sharing some historical context around land law. As you will appreciate fairness can be very subjective but ultimately in this country it’s the law, a court, a judge who decides on the law.
      As for change? That would start with the law. We are a registration authority so have to work with and register based on what has and is provided. Dusty old maps used when land/property was first conveyed/registered have just as much value in law as a shiny new map drawn with the latest technology. And I can’t see our law makers altering that position

  415. Comment by Mark posted on

    I am in a rather invidious position with a RICS chartered surveyor who was appointed by my prospective lender to carry out a valuation for a HMO mortgage application.

    I am turning to this forum because the solicitor I am currently using to oversee this matter appears to be out of his depth and in this current lockdown I am finding it difficult to find another solicitor to seek advice from.

    The adjacent property is owned by my brother and we have not had a fence separating the rear garden for a number of years because we haven't felt a need to have one.

    We recently had an architect redraw the boundary between the party wall separating mine and my brother's house to the party wall separating the rear outbuildings. This has resulted in a very slight diagonal rear boundary which both parties are happy with and the paperwork has been submitted to Land Registry.

    The chartered surveyor appointed for the valuation insisted we reinstate a garden fence before he is prepared to sign off on it and we did so in line with the new boundary plan that has been submitted.

    The surveyor has now taken the position that the boundary is unappealing to the eye and has advised the lender's appointed solicitor that we should redraw the rear boundary and resubmit it so that it sits at a 90 degree angle and is refusing to sign off on the valuation until we do so.

    We have explained to the surveyor that if we amend the boundary to a 90 degree angle as per his insistence the party wall between the rear outbuildings will be out of alignment in relation to the existing as shown boundary but he is refusing to understand our position.

    I must stress the plan submitted to land Registry shows a very slight diagonal rear boundary.

    My question is whether he is allowed to take this stance and essentially dictate the position of our boundary?

    • Replies to Mark>

      Comment by AdamH posted on

      Mark - not something we can advise you on I’m afraid. As this is a blog it is very unlikely that anyone will comment or offer any advice. I would suggest you try forums such as a Garden Law where such issues are discussed. You should find some useful advice there but our advice would always be to rely on your legal advice where possible.

  416. Comment by LynnT posted on

    Hi Adam,

    We, and 3 other neighbours, have a ongoing dispute with another neighbour about a parcel of land. We have had some legal advice and a chartered surveyors advice. Both agree that the parcel of land appears to be included within our boundary (from both title plans and deed plans) and that the neighbour needs to explain and prove his dispute. His argument is that there has been a historical fence that has changed the boundary, though so far we have not been provided with any proof that any fence has been in position before 2009 (the fence erected in 2009 has now been removed and timing for the neighbour claiming adverse possession after being evicted has run out) and our deeds say the fence on that boundary is our property and our responsibility. The legal advice we have is that we could agree to both set out our understanding of facts, and if needs be ask Land Registry to determine the boundary and settle the dispute. Can you advise if this is possible?

    Also if we were to agree to compromise and reinstate the fence 1 m off the boundary line shown in the title plans and the deed plans - would this still need to be registered at Land Registry?

    • Replies to LynnT>

      Comment by AdamH posted on

      LynnT - we don’t settle disputes but we can register outcomes. So if you and your neighbour decide you want to determine the boundary then you can apply to do so.
      https://www.gov.uk/government/publications/boundary-agreements-and-determined-boundaries
      A Determined Boundary is generally applied for when the registered general boundaries need ‘firming up’ so you are in effect determining where the legal, nit general, boundary lies.

      If you decide that the general boundary lies elsewhere and say you want to change the registered extent then that is very likely to require you to transfer/exchange legal ownership
      So much really depends on what you both do to resolve it. And once that’s done decide how to update the registered details as appropriate.

  417. Comment by Tracy Blundell posted on

    Hi,
    Just a quick question. My property sits slighy forward than my neighbour on my right (my back to my property).
    The brickwork on the floor determines the boundary of my garden but sits in front of hers, by about a foot or two. She’s now claiming it back. I want to know after I’ve maintained my front garden for 16 years that wraps around a wall does it belong to me or her? I have a picture to show.. can someone help?

    • Replies to Tracy Blundell>

      Comment by AdamH posted on

      Tracy - we can’t tell you where the boundary lies exactly or advise on the law I’m afraid. It’s legal advice you need here but if you are looking for wider online advice try forums such as Garden Law and Money Saving Expert where such matters are often discussed
      But remember you, your neighbour and the boundary are all unique so what works or applies to others may not do the same for you/your neighbour

      • Replies to AdamH>

        Comment by Tracy Blundell posted on

        Thank you so much for your swift reply.

  418. Comment by LynneA posted on

    Hi, I have an interesting situation which I’d appreciate some views on. I live in a 3 storey mid terrace house which we purchased 15 years ago. The 2 storey terrace house to the left of the property has built a single storey extension which appears to been built half a metre onto our land. We only noticed this when we had our property pebble dashed and you can observe the extent that the property has extended onto our land. How would this have been allowed by the building inspectors at the time?

    • Replies to LynneA>

      Comment by AdamH posted on

      LynneA - we would not know so can’t really comment I’m afraid. From personal experience I doubt if the inspector looks at land ownership as part of their remit. And it’s not a fundamental part of planning either as issues of ownership are for neighbours to decide on so if your neighbour’s builder is about to or has encroached its up to you to prevent/stop it or take action
      As this is a blog rather than a forum I’d suggest trying public forums such as Garden Law and Money Saving Expert.

  419. Comment by Nicky posted on

    Hello , we own a field which is flanked by a dry stone wall. When we bought the property we were told that neither neighbor owned the wall and that repairs would need to be agreed between both parties. We get on well with our neighbors and this has worked well for a number of years. A few weeks back our neighbors started rebuilding the dry stone wall and have made a good job of it but now stopped at a point. They have now informed me that the intend to seek planning permission for a large workshop and that the plans incorporate one side of the building into the boundary wall. This is not something I would e happy with and was wondering if it could be done without my approval. The wall height would obviously change , they would need access onto my land to build and service it and it would I assume change the ownership of the wall to them.

    • Replies to Nicky>

      Comment by AdamH posted on

      Nicky - very much a matter for you and your neighbour to resolve. We can’t advise you in who owns the wall or whose responsible for it. The blog article explains.
      If you are looking for wider comment/advice then online forums, not blogs, such as Garden Law and Money Saving Expert can be useful resources

  420. Comment by Blueplanet posted on

    Hello, on my title deeds it has "T" marking inside of the fence that is the boundary with my neighbour. The transfer deeds states that I am responsible for its maintenance etc.

    My neighbour has just sold and new neighbours moved in and attached gravel boards to my fence to use it as a retaining wall to keep their soil in their land. They have also caused one of the lap fence panels to bow out. All this I believe constitutes criminal damage and they are liable for any damage.

    However, my question concerns the fence post. Is the outward facing edge of the post the boundary line? The lap panels sit in the middle of the fence posts using the panel clips that you get.

    So with each panel their is 2cm strip the whole length of the panel. Can the neighbour claim adverse possession of that strip? Surely the boundary would be the edge of the posts - the fence was originally erected over 18 years ago.

    The new neighbour has attached gravel boards to my fence running the length of this 2cm strip. The have also put down a paving slap that goes slightly underneath the fence panel so that I cannot lower the panel to the ground. Thanks for any help.

    • Replies to Blueplanet>

      Comment by AdamH posted on

      Blueplanet- we can’t tell you where the exact legal boundary is. Have a read of the article and our PG 40 supplements 3-5 inc https://www.gov.uk/topic/land-registration/practice-guides
      PGs 4 and 5 cover adverse possession also.
      If you are in dispute I’d recommend legal advice. If you are looking for general comment/advice then try online forums such as Garden Law and Money Saving Expert. But please remember you, your neighbour and the boundary are all unique so what works for others may not work for you both unless you agree

  421. Comment by Shaun posted on

    We had a fence erected on moving into new house with permission from neighbour to the left as the old fence was falling to bits.

    We paid and didnt ask or expect anything from neighbour.

    Fast forward to buying land in front from the council and noticed the fence wasnt on the boundary line on the title deeds but more in our garden giving the neighbour some our land as the fence lads didnt put it where the original fence was but brought it in a bit.

    Asked the neighbour politely if it was ok to move it back (about 2 years passed) so it all matched deeds and have a straight line for the driveway for the council owned land that we've bought too if that makes sense.

    Got nothing but abuse and why am I bothered about 6 inches of land etc.

    So today i moved the fence and he rang the police on me (dont forget theres a pandemic and lockdown currently happening) and threatened me with court.

    Police where great and told me to keep away from him but can he do anything with the court threat? I must've checked the boundary lines 100 times and the fence is now where it should be. Should I be worried?

    • Replies to Shaun>

      Comment by AdamH posted on

      Shaun - neither we or the deeds can tell you where the exact legal boundary is. Have a read of the article and our PG 40 supplements 3-5 inc https://www.gov.uk/topic/land-registration/practice-guides
      As you are in disputeI ’d recommend legal advice. If you are looking for general comment/advice then try online forums such as Garden Law and Money Saving Expert. But please remember you, your neighbour and the boundary are all unique so what works for others may not work for you both unless you agree.

  422. Comment by Fiona Mcleod posted on

    I've just noticed that the land registry has my house as a semi detached. Previously it is shown as detached. How do we get this rectified , no building work has taken place.
    Thanks

  423. Comment by Andrew Hanson posted on

    So I've got a fairly straightforward problem, the boundary is not in dispute but it is a wall problem! We live in a Edwardian end terrace and our elderly neighbour took an instant dislike to us the moment we moved in. We have very little to do with her and that's fine but due to been furloughed I thought I would tackle the ugly garden we inherited. The wall at the end of the garden has a gate that opens directly into an alleyway which is bizarrely our land to the width of our boundary and the opposite side of the road.The wall was in a poor state of repair and the the cold winter/hot summer cycle over the last few years have meant it's starting to become unsafe with over 5 degrees of lean and very loose mortar. The problem is the wall is single brick and goes from our gate, over the fiercely defended invisible boundary and forms around 1.2m of our neighbours external wall terminating in her gateway. I made the mistake of politely asking our neighbours opinion of where she thought the boundary terminated so I could strip down the 1m stack of bricks balanced precariously on, I assume,our side of the 1.3m wall I was almost immediately threatened with legal action whereupon she ran in the house and phoned a solicitor. She then told me that the wall is covered by the PWA and she could sue me if I even touched the wall even though it is quite clearly on my property. Apparently she doesn't care if it falls down but if I remove my portion of the wall and it falls down she will sue me. So to cut a long story slightly 'less long' should I be more afraid of a dangerous structure notice from council/highways or a cheap solicitor a frankly, vile , old woman pulled out of the phonebook?

    • Replies to Andrew Hanson>

      Comment by AdamH posted on

      Andrew - not something we can advise you in and it’s really legal advice you need here. If you want online comment then try online forums such as Garden Law and Money Saving Expert. But remember you, your neighbour and the boundary/wall are all unique so what works for some may not work for you.

  424. Comment by Andrew Hanson posted on

    Okay thanks, a bit wordy yes and really I was looking for clarity on "right of support" which I don't think applies to walls that cross boundaries. I just don't want to be liable for death, injury or damage because I can't effectively repair my wall due to a spiteful old woman.

    • Replies to Andrew Hanson>

      Comment by AdamH posted on

      Andrew - whatever options you have will need careful consideration around what your neighbour also wants and does. Hence legal advice as to what happens in worse case scenarios.
      I often refer to a tennis match analogy for neighbours and boundaries as whichever shot you choose and play they will be able to return it. So your legal advice is your coach telling you which shots to go for including returns. All the time looking for a winner.
      I’ll leave it to you to decide which player each of you could be as it reads like it could be a grudge match between two players with very different styles

  425. Comment by Andrew Hanson posted on

    Haha, Thanks Adam, I like the tennis analogy. The problem we face is that we are trying not to turn it into a grudge match, we just want to make the garden nice but our neighbour definitely likes to play a power game. My tennis analogy would be that we are trying to play tennis and thinking one shot ahead but our neighbour is just double handed slamming every shot we play straight out of the court and declaring it her point. I am going to see our solicitor on Monday as I have finally found a few other similar scenarios and was up until 12:30 last night reading "Easements of Support and Slip" by
    Charlie Newington-Bridges, Barrister, St John’s Chambers which is 18 pages of legal precedent dating back as far as the 17th century, ideal bedtime reading! Right of support, easement of maintenance etc.
    Anyway, all the best and thanks for your council.

  426. Comment by Suzy posted on

    I have just purchased a property, which is semi detached with back garden, and my deeds state that the boundaries are party walls/hedges/fences and should be maintained by both parties, both sharing the costs. My neighbour however states that his deeds do not state who is responsible and therefore until I prove otherwise he is not contributing to the upkeep of the fence (2 panels are missing and three are broken). I have shown him my deeds but he says that does not prove his responsibility. What should I do? I am at a loss as I thought the deeds would state this agreement on both his and my documents. I have the recent deeds from the purchase (6 months ago) and the conveyance from 1978, which states the same??? Your knowledge would be appreciated.

    • Replies to Suzy>

      Comment by AdamH posted on

      Suzy - we can’t add anything to the information you already have. Such agreements/arrangements may still be legally binding that’s not always the case, especially if there have been a number of ownership changes since.
      If you wish to pursue matters with your neighbour then I’d suggest seeking legal advice first.
      If you are looking for general comment/advice then online forums such as Garden Law can be useful resources. But remember you, your boundaries and your neighbour are unique so what applies for others may not change matters for you or your neighbour

  427. Comment by Suzy posted on

    Many thanks Adam for your help.
    Please could I just confirm, if the most recent document of mine states that it is joint responsibility, could this be wrong?
    How do we check his responsibility if it isnt inlcuded in his deeds?
    Is there a process? I would rather not contact solictors if possible.
    Thanks again.

    • Replies to Suzy>

      Comment by AdamH posted on

      Suzy - i don’t think it’s a question of right or wrong. You’d have to look at the deed itself to see who made it and whether it’s legally binding. Not all deeds will refer whilst others may contradict one another. There’s no rule of thumb here and no process to help you both decide other than the sharing of information and understanding as explained in the blog article itself.
      If you don’t wan5 to take the legal advice route then the option is either to convince your neighbour to agree to share costs/responsibility or make your own choice re maintaining the boundaries. Either way and to try and avoid such issues in the future formalising some form of binding agreement could also be agreed

  428. Comment by Dale posted on

    Hi Adam
    We own a house which purchased extra land behind it several years ago (approx 20 years and before we bought it) and which they fenced off to be used for garden purposes.
    In the last few years land adjacent to our garden was purchased and a house built. They are side on to our garden.
    Basically I want to change the fence panels in the fence (which was put there by our property previous owners) - so am I in my rights to do this as it is our fence that we bought when we bought the house even though I cannot find the deeds?
    Cheers

    • Replies to Dale>

      Comment by AdamH posted on

      Dale - we can’t tell you which fence is whose or what your rights are. In my experience it’s best to share information and understanding with your neighbour and agree what happens next. If that’s a problem then legal advice is the next step
      If you are looking for wider general advice or comment then try forums such as Garden Law and Money Saving Expert.

  429. Comment by Julie posted on

    Hi,
    We are the end house in a Cul de sac and wondered if we can buy the path (it leads nowhere just to a fence) to extend our boundary for an extension?
    Only problem I can see is there is an exchange on the path which I was told could probably be moved? Thanks!

    • Replies to Julie>

      Comment by AdamH posted on

      Julie - you’ll need to ask the owner if they want to sell it

      • Replies to AdamH>

        Comment by Julie posted on

        I don’t know who owns the path that’s the problem, it’s not the house who’s fence it runs to and it’s not on our deeds either, the council or the Highway people must own it?

  430. Comment by Julie posted on

  431. Comment by Alex B posted on

    Good morning,

    Hope you are well and safe.
    We live in a mid terrace and when we moved in 4 years ago, because the rear boundary fence was in a bad state, we decided to put a fence up on our property to finish the "garden design". Last year, my neighbour, the person responsible for that fence according to the deed, he took it down without advising us and instead of putting another fence up he only put 1 panel out of 4, therefore the fence built by us became the "boundary". Since then because he had stuff pushing the fence towards us, the posts started to move causing panels and gravel boards to shift, become noise when windy. Had a chat with him, and he advised me to go to council as he will not do anything about it. I advised him that in the event of me taking my fence down there will be no boundary between our properties. What should be our stance in this case?
    Thanks in advance for your help.

    Kind regards,
    Alex

    • Replies to Alex B>

      Comment by AdamH posted on

      Alex - not something we can advise you on I’m afraid and I’d recommend you seek legal advice. If you are looking for wider online comment then forums such as Garden Law and Money Saving Expert can be useful resources

      • Replies to AdamH>

        Comment by Alex posted on

        Thank you Adam for your fast reply.
        Have a nice day.

        Alex

  432. Comment by Mark Halliday posted on

    A farmer renting a field at the back of my residential property has deliberately piled fence posts at an angle so that the buried section of the posts are actually intruding into my property. Am I at liberty to use a plum-line on my boundary fence & cut off his buried post that encroaches my land. What has occurred in the past is he piles posts at angles & after some time the cattle push the post vertical &/or more acutely into my property & then we end up in altercations when he tries to claim the 500mm at a time that the post has moved.

    • Replies to Mark Halliday>

      Comment by AdamH posted on

      Mark - it’s legal advice you need here as to what rights you and your neighbour may have. We can’t tell you what you can or can’t do
      If you are looking for wider comment and general advice then try online forums such as Garden Law and Money Saving Expert where such matters are often aired.

  433. Comment by Susie Johnson posted on

    According to our deeds and the land registry we own a strip a few feet wide along our gable end to allow maintenance of our gable end, the neighbours have the driveway inbetween our house and theirs, they have now build a shed right up against our gable end meaning we are unable to erect scaffolding to sort out our pointing on that gable end. We have spoken to him a few times but he will not move the shed, where do we go from here?

    • Replies to Susie Johnson>

      Comment by AdamH posted on

      Susie - it’s legal advice you need here as to what you can do here. If you are looking for wider comment and general advice then try online forums such as Garden Law and Money Saving Expert where such matters are often aired.

  434. Comment by Robert Wilson posted on

    Hi
    We have a rear fence with posts on our side and overlap boards on our neighbours side
    Her property sits higher than ours and her gable end overlooks our rear garden.
    When her property was first built a simple path run along the side of the gable and the rest of the garden, a grassed area, sloped down towards the fence.
    She has now removed the grassed area and “built up” this area to accommodate a full sized double driveway.
    This constitutes a large strip of earth and chippings approx a foot high, which are now pushing the base of the fence to the extent that the horizontal strapping is bowing very badly and is about give way and we expect the drive and possibly her car to end up in our back garden.
    What can we do, we feel if a drive was being planned then planning permission should have been sought and some form of retaining wall built rather than use the fence which is on its last legs.
    We’ve already asked her to remove the chippings till they are below or level with the bottom of the fence and she made a token gesture and removed a few shovels full which has made no difference whatsoever

    • Replies to Robert Wilson>

      Comment by AdamH posted on

      Robert - something to get legal advice on to ascertain what rights you each have and best way forward. If you are looking for wider comment or advice then online forums such as Garden Law and Money Saving Expert can be useful resources

  435. Comment by Liz F posted on

    We are in the process of moving house, but our buyers have insisted we ask the Land Registry to re-draw the boundary line on our deeds as it doesn’t currently match exactly (it curves around a few trees and is therefore not straight as shown on the original deeds). We lodged an application with Land Registry at the beginning of April and have heard nothing, only that Land Registry are unable to expedite it due to Coronavirus situation. This is now holding up our exchange and we’ve no guidance on how long this may take. We can’t get any kind of update on whether the application is even going ahead, how far along the process we are, or if it’s even been looked at yet. Everyone is getting understandably edgy and there is a risk the chain may collapse if it’s not sorted soon. Can you offer any advice?

    • Replies to Liz F>

      Comment by AdamH posted on

      Liz F - whilst it is correct that the Covid 19 has impacted on our abilities to complete some registration processes but it has not stopped us from agreeing to expedite an application. I suspect, but if you made the application and request you can confirm, there is something else involved here.
      Can you confirm who made the application, the title number and case reference and how these enquiries/requests have been made please?

      • Replies to AdamH>

        Comment by Liz F posted on

        Hi Adam, thanks so much for getting back to me. We lodged the application via our conveyancers on 6th April: Alex Hoban at DORLING COTTRELL LTD T/A D C LAW, SOUTHPORT BUSINESS PARK, WIGHT MOSS WAY, SOUTHPORT, PR8 4HQ. Land Registry Ref: W841XJR. Customer Ref: 1035207. Application received by Portal. That's all the info we have from the Application Enquiry doc so hope that helps. Thanks.

        • Replies to Liz F>

          Comment by AdamH posted on

          Liz F - many thanks. That confirms the application but there’s no request to expedite it with the application and no enquiry received through any separate channel referencing that title. I wonder if the conveyancer has come to their own conclusions re what can be done/expedited at this time?
          Please ask your conveyancer to consider our current guidance on Covid 19 and to submit a request to expedite through their portal/Application enquiry along with documentary evidence of the urgency
          https://www.gov.uk/government/news/coronavirus-covid-19-impact-on-our-services
          I will flag it with colleagues as well so as extra time is not lost but please do speak to your conveyancer also

          • Replies to AdamH>

            Comment by Liz F posted on

            Thanks so much Adam. Interesting... we'll be contacting our conveyancers straight away today to find out what's going on. If we can get our conveyancers to expedite it, do you know how long the current wait time is?

          • Replies to Liz F>

            Comment by AdamH posted on

            Liz F - it should be considered in a few working days. Everything then hinges on what’s needed as to what can or can’t be done and how quickly. Boundaries/plans can often have quick explanations/results but they can also be complex and therefore slow to resolve especially if they require wider checks/survey. Best bet is to wait and see what your conveyancer is advised after that expedited consideration

          • Replies to AdamH>

            Comment by PatrickF posted on

            Hi Adam
            Following on from LizF's question. We've now submitted an adverse possesion for the land that our side path is encroaching on. As she mentioned we didn't know this land wasn't ours in 2008 when we purchased the house and next door didn't either. Anyway, application is submitted but we've not heard anything and we're very keen to know where we are up to. Our buyer dropped out and we've now got a new buyer so need to wrap this up asap so we can all finally move. The application is J895FLR and we suspect that the land owner no longer exists as it was a ransom strip created in 1926. We're still within the 65 days process but I understand if the owner can't be found that it's a quicker process? We just need to know that things are in motion and we've not missed anything key that you may need to consider it? We will need to explain everything to their solicitors in the next week or so.

          • Replies to PatrickF>

            Comment by AdamH posted on

            PatrickF - I’ll flag it with colleagues to ensure the two applications are matched up ASAP. There’s not a lot we can do via the blog so I’d suggest using our contact form to ask for an update re progress/next steps https://help.landregistry.gov.uk/app/contactus_general
            You’ll get an auto reply initially but reply to that and explain as you have here

  436. Comment by Liz F posted on

    Thank you for your help and quick responses Adam.

  437. Comment by simon posted on

    Hi, we have a boundary wall which is also a retaining wall fro my neighbour's property on higher ground. it need replacing. The house is owned by a trustee of solicitors who had said it's joint ownership are shared responsibility. as the work will be mostly on my neighbour's side and their benefit to retain their land I'm at a loss why I should pay 50%. the house is empty. Any help would be welcome. 6m x 1.5 m rebuild cost 5k

    • Replies to simon>

      Comment by AdamH posted on

      Simon - the blog covers the information we can provide. Resolving such matters though relies in the neighbouring owners. If there’s an issue over it then it’s legal advice you need if you can’t resolve it yourselves

  438. Comment by simon davies posted on

    Ok cheers. As I’m dealing with a solicitor who one the property I feel I’m backed into a corner

    • Replies to simon davies>

      Comment by AdamH posted on

      Simon - all neighbours are unique but if you are looking for online help/advice then try public forums such as Garden Law
      We provide information but not legal advice. Nor do we enforce the law. That’s for the courts

  439. Comment by Irina posted on

    Hi,
    I moved into my semidetached house in 2004, shortly my neighbour moved there as well. Within 2 year , my late husband built a wall between us (at the back of the property), to make a habitable room/conservatory, kind of an open space with roof, against retaining wall. We have been good friends with our neighbours until earlier this year ( visiting for birthdays, parties, bbq's, Christmas, etc).They put an application in, for an extension in November 2019, they came around and we talked and they reassured us that is not going to affect us in any way, so its ok, we didn't complain about it. Earlier this year they told me that they are going to cap the soak away drain but they removed it completely. Now is saying that my wall WILL be taken down as is interfering with his development because is very slightly on his side and since is on his land he can do what he likes. As you can imagine, I am very upset by all that is happening, especially that before corona virus spread , we started the proceedings of selling, to downsize. Yesterday I had the photographer taking pictures, everyone involved, but my Estate agent looked at the problem and said that what he is trying to do is not right because he could see several planning issues and I should sick professional advise. My question is where do I stand with this and since I can only proof 10 years on the wall standing (at the moment), can he just taking it down on his own? He has already started the footing? Please advise, I am really worried.

    • Replies to Irina>

      Comment by AdamH posted on

      Irina - 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

      • Replies to AdamH>

        Comment by Irina posted on

        Thank you Adam, I will look into that.

  440. Comment by Tina homer posted on

    Hi my neighbour has taken my fencing out on my back garden without my permission, in a council property has far as im aware i have to replace the left side myself, but the neighbour already has without asking me, i now have put lights on the fence and want to paint it, the neighbour is complaining that i should not be touching their fencing, where do i stand can i remove their fencing and put my own in

    • Replies to Tina homer>

      Comment by AdamH posted on

      Tina - not something we can advise you on I'm afraid and it is very much legal advice you need. Such matters are often only resolved by you both as neighbours
      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

  441. Comment by Steven Hollman posted on

    Hi, my garden border is against council land that is not up kept by them, multiple trees have fallen onto my land from their. I wanted to move my boundary fence about one foot over to this land, who do I need to speak to, is it the local council?

    • Replies to Steven Hollman>

      Comment by AdamH posted on

      Steven - we can’t advise you on who to speak to. If there’s an issue over trees on someone else’s land it’s something to discuss with the landowner. If there’s an issue over where the boundary should be then likewise. If you are going to just move the fence and try and claim extra land I’d suggest getting legal advice

  442. Comment by Donna LeFondre posted on

    Hi , I’ve just found out by my neighbour that we own land at the back of there house and next door but two . We own a lot of land can we claim this back
    Thanks Donna

    • Replies to Donna LeFondre>

      Comment by AdamH posted on

      Donna - if it’s yours and the neighbours don’t have a legal claim on it then probably yes. But very much something to get legal advice on

  443. Comment by Lance posted on

    We have had problems with our local council who won't fix the huge ruts in the road outside our property , this has coursed cracking to our walls and river bank that they claim is our responsibility and our insurance company sent down some engineers to monitor the vibration and they concluded- It was clear from the data collected that the vibration felt within the property is caused by the road traffic travelling along the road which is close to the property frontage. It is understood that the road surface was re-surfaced in June 2019 however there are undulations seen in the road and if the road surface is repaired to a better standard to eliminate the undulations this would reduce the vibration being generated travelling through the road surface to the property.
    If any items such as windows and doors to the exterior or wall mounted and free standing display cases in the interior of the property, have the same resonance frequency as those being generated by the passing traffic, even at a low levels of vibration being generated, could excite them to vibrate excessively and cause damage.
    The overall vibration amplitude levels apparent at the time of the survey would not cause any major structural damage to the building structure but if left as a continual vibration impact, minor damage will continue to occur over time as the vibration combines with other building stresses. The impact of the vibration will also be of a human annoyance value as these vibration frequencies would be felt by the occupants within the building.The council say we are responsible for the River bank next to our House , should we have been made aware of this before we purchased the property ? .

    • Replies to Lance>

      Comment by AdamH posted on

      Lance - it’s not something we can advise you on. This is a blog rather than a forum so if you are looking for wider comments I’d suggest trying forums such as Garden Law and Money Saving Expert to name but two. But I’d also recommend legal advice

  444. Comment by Hazel posted on

    My neighbour has asked to buy a strip of land 8x13 feet approx behind our adjoining garages , this is part of my garden. We have lived at our address for 42 years and they have been our neighbour for all that time and the boundary fence has been in place, before we moved in. Also, they have always maintained it. Our conversation was amicable and I agreed to talk it over with my husband. Also, that we would need to check the title deeds as this may effect any future house sales. We both agreed it should be done legally if we were to proceed. However, I have checked the title deeds and it would appear that it is their land.
    My question - Is there any legal precedant or fact in law, that grants me possession or the right to continue to use it, given the amount of time, if I wanted to? On consideration, I would probably oblige them if they were to pay something as a "gesture of goodwill" but they would now probably be disinclined to pay . How do you suggest I proceed to obtain a mutually agreeable outcome?

    • Replies to Hazel>

      Comment by AdamH posted on

      Hazel - 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

  445. Comment by Nick posted on

    Hi Adam,
    I recently bought an end of terrace and one of my neighbors told me that I own the side access to the back gardens because one of the previous owners bought that land. I checked the land registry and that actually belongs to me. Can I fence it off? Is it illegal to do so? What if my neighbors need access for bins and stuff? Thanks

    • Replies to Nick>

      Comment by AdamH posted on

      Nick - 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

  446. Comment by Hazel posted on

    Many thanks for the response.

  447. Comment by John Boardwell posted on

    This should be an easy one but things are never that easy. We live in a bubgalow and have done so for 50 years. New neighbours have rengineered their garden and put in a fence thay has ended up some 2-3 feet above the the original one which was 2 metres, the reason for this was that they wished to level the garden (we are on a sloping site and in the downwind position) We knew nothing of this and assumed the fence would be a like for like replacement. The result is that they have been forced to submit a retrospective planning application. They have not yet done so. They now plan to reengineer the front garden by basically tarmacing it all over, We have had a brief discussion about this and have asked them to provide detailed drawings so that we will not be caught out a second time. We do not dispute their right to do so but want to ensure that they do so in a fair reasonable and considerate way, We feel they are trying to bounce us into a quick decision, What are our rights?

    • Replies to John Boardwell>

      Comment by AdamH posted on

      John - 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

  448. Comment by John Boardwell posted on

    Thanks for that and we are trying to find a good planning law solicitor to advise us. I should have added that we paid half the cost of the when we assumed a like for like replacement.

  449. Comment by Chelle posted on

    Hi,
    In our semi detached house the rear garden is separated from our neighbours by a retaining wall (approx. 2ft high) which retains our garden and is on our land (looking at the line from the chimney down). However, on the plan the 'T' is showing that the wall is the neighbours responsibility. In this instance who owns the wall? How can this be confirmed and how do we know where the boundary for each property is?

    Thanks

    • Replies to Chelle>

      Comment by AdamH posted on

      Chelle- the blog explains this for you so it’s a question of obtaining information and shar8ng that and understanding with your neighbour and agreeing a way forward normally. If you can’t do that then I’d suggest seeking legal advice

  450. Comment by Nazir posted on

    Hi,
    I am building an extension and part of the work is to replace my old hedge boundary with a walled fence.

    Before starting I spoke to my neighbours letting them know of my plans and agreeing to cover the costs 50/50 respective (to my right and to the rear of the property - 2 neighbours).

    I instructed the builders to clear my garden hedge and start digging for the foundations to be poured. At this point the neighbour at the rear claimed I was encroaching on his land and called a local land surveyor to draw a boundary line. I stopped all work here until this was done.

    The land surveyor came and marked the boundary lines with some stakes (which I left in place). My neighbour was his customer so I was not privy to any correspondence between them.

    Having agreed the boundary lines I confirmed with my neighbour that I can continue to build the wall now explaining that half of the wall would be on my land and half on his side as originally agreed. He decided to change his mind and refused to accept half the cost telling me to build on my side only.

    I decided to go ahead and build on my side only leaving the stakes marking the boundary still on the ground.

    I am now adding an outbuilding (max heigh 2.5 metres) taking advantage of this wall on my side of the boundary line.

    The neighbour again started to dispute going back on his agreement about the boundary line saying he would break the wall as he was not happy with the recommendation made by the land surveyor. I told him, then why did he wait until my wall was built to tell me this. I also told him that I proceeded as agreed following the lines set by the surveyor and if he now has an issue he could go to seek legal advice.

    I am thinking of seeking an injunction to stop him from touching this wall or making any kind of changes to it (paint) since it would be deemed as trespassing.

    My question is having followed the land surveyors recommendation of the boundary line I built the wall, can the neighbour now change his mind?

    • Replies to Nazir>

      Comment by AdamH posted on

      Nazir - we can't advise you on such matters and it’s legal advice you need here and very much on how any agreements were made and therefore how legally binding the6 are. 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

      • Replies to AdamH>

        Comment by Mahomed Nazir posted on

        Hi Adam,
        Thank you for the prompt reply. I was looking to see if anyone had any experience of neighbours who changed their mind even after being advised by their own land surveyor.
        I built the wall in good faith believing it to be along the boundary line drawn by the neighbour's land surveyor, why should I now have to entertain any issues he might have as the wall has been built for over 6 months?

        • Replies to Mahomed Nazir>

          Comment by AdamH posted on

          Mahomed- these things can be tricky but it’s legal advice you need.

  451. Comment by Aranya posted on

    Hi Adam

    I just wanted to understand a few additional things please from my question on 01/06/20. As mentioned the neighbour wants to render the front of their property and the centre point of both walls is past our fence line. Can they render up to the centre point even if its past our fence line? They would need us to take the fence post off against the wall and access our side of the fence to do this. I assume we would need to give them access to this and it is not a right?

    Thanks

    • Replies to Aranya>

      Comment by AdamH posted on

      Aranya - that’s not something we can advise you on. It’s legal advice you need if you and your neighbour can’t agree for example.
      We supply the registered information. We can’t advise you on the law or what rights you/they may have. Sorry.
      I understand you also rang us but there’s nothing we can advise you in here and I hope you find a way to resolve things

  452. Comment by Simon posted on

    Hi Adam, I own an old GII listed property in a city centre. The garden is bound buy thick rubble walls up to 600mm thick and up to 4m in height though this varies along the length of the garden. These are of such an age (a few hundred years at least) that I don't know if the wall is a party wall or my boundary wall. There are some piers on our side of the garden rather than the neighbours and I have read these can indicate ownership. Have you any tips for helping to establishing ownership? Secondly, our immediate neighbour proposes the removal of a listed wall of similar age and construction which attaches to the boundary/party wall. Given the age and construction of the listed feature and the fact that it is probably supporting the wall as a whole given it's movement over the years, do they have a duty to ensure the integrity of the party/boundary wall is ensured?

    • Replies to Simon>

      Comment by AdamH posted on

      Simon - the only tips we offer are to try and agree what to do with the neighbour and/or seek legal advice, especially if you can’t agree. I would also imagine the GII listing might impact but you’ve probably researched that.
      If you are looking for wider comments then try Garden Law, which is a useful forum, not a blog, re such matters

      • Replies to AdamH>

        Comment by Simon posted on

        Thank you Adam, appreciate the speedy response. I will take your advice re. legals but for and informed opinion given your experience: I have dug out and waded through a lot of deeds paperwork that came to us with the purchase which has a carefully rendered hand drawn drawing at approx. 40ft to the inch created in 1923 which features our garden and house (an area of red outline in black - abutting our neighbour's wall on one side. The remains black and white (tramlines 1mm apart) which has small 'T's adjoined on their side. On the other side of our garden our wall thickness is accurately coloured red with a black outline but with 'T's on our side for part of the length of the wall. Any thoughts on this as being indicative? I haven't seen a larger scale plan in the pack though we have an 1846 plan at about 80 ft to the inch which appears to reflect the above with a sort of square 'chain link' to indicate walls, one inside a coloured area outlined with a thin line in black indicating our property, the other outside the thin solid line and coloured area. Is this further evidence of ownership? Thank you once again for any opinion you can offer - and for the recommendations, a great service.

        • Replies to Simon>

          Comment by AdamH posted on

          Simon - it’s all indicative but very rarely defining. Why? Because a plan is a plan and drawn by a person at a moment in time to visualise their measurements and understanding. Roll on 174 years and you might use that plan but things have moved, changed, you use new measuring techniques, you measure from the outside of a brick or fence post when he didn’t etc etc
          So it’s all indicative and useful but its not defining. What is defining is any agreement you can come to now with your neighbours and which you formalise

  453. Comment by Simon posted on

    Adam, ps. The neighbours wall attaches at right angles.

  454. Comment by Helen Ruggles posted on

    I’m a nightmare,
    Lived in semi detached that we own to left no attached side we have what it seems neighbour from hell
    We have a fence put up on 2017 we offered to pay for fence We discussed what type of fence they wanted
    The fence was erected wrong due rogue trader
    It was all wonky and on our side making our ally way less than a metre 75 theirs ally 125.

    We could put it up in middle equally between us
    Because of our neighbours concrete that was built behind our fence
    we told neighbours we paid again but because it’s concrete posts we didn’t think it was as bad as we realised untill we can’t to move our furniture out less than two years later.
    We add had a disabled facilities grant part off the money we paid
    Plans wasn’t done to sort this out so council signed it off
    Our neighbours recon they have Aquired our land their side
    But we can’t even get our sons wheelchair down like before or even a bin or even a bike.
    Builders come and they all say this is Ilegal
    Our neighbor is vile

  455. Comment by Shax posted on

    Hi hope you're well..

    I have a question regarding land owner ship. If I own the land where the red outline is. Does this mean I have the right to accept or decline passage for my neighbour to get to the back of his house. I currently do not have an outbuilding but the idea is to plan and build. But will mean my neighbour wont have access. My fear is that this may get raised by him but I have no legal documents in place to state that i owe passage. Can you shed some light on this or please let me know where I can obtain information on the property which states passage was allowed by former owner etc. Thank you

  456. Comment by Erin posted on

    Our neighbour, Fulham Football Club, recently replaced their old fence and when doing so placed the fence 20cm onto our land. This has drastically narrowed our access to the rear of our property from 80cm to 60cm. This means we can no longer get the baby pram or bins in and out of the side access. Our property runs next to an access road (driveway). As everyone on here suggests, the red line on the land registry does not truly indicate what people own. The law seems to work in favour of the trespassers, and now we are the ones that have to prove what they haven taken from us. We have already tried to have a conversation with them, but they refuse to acknowledge any wrong doing and claim we are mistaken. We have clear photographic evidence which shows how much the fence has been moved by. Is there any way we can resolve this without costly solicitors fees? Any advice would be greatly appreciated.

    • Replies to Erin>

      Comment by AdamH posted on

      Erin - we can’t advise you on the law so would always recommend legal advice. This is a blog so you won’t find others commenting on your post although reading the experiences of others may help
      I would suggest using a forum such as Garden Law instead

  457. Comment by Stephen posted on

    Hi,

    Wondering if anyone may have had a similar experience:

    I am in the process of buying a house and noticed one of the neighbouring gardens appeared to take a little chunk (12ft x 5ft) out of the corner of the garden. It appears that the boundary has been like this for 15+ years judging from OS data and Google. I am not bothered about the land but I am just concerned it may cause future problems if ever the property is sold?

    Any ideas on the cheapest resolution if it will be a problem - possibly drafting a new deed plan to match the existing physical boundaries as they are now?

    Any help is really appreciated, thanks!

    Stephen

    • Replies to Stephen>

      Comment by AdamH posted on

      Stephen - this is a blog rather than a forum so you are very unlikely to get any wider comments. I’d suggest getting legal advice but if you wish to try online then forums such as Garden Law can be useful resources

  458. Comment by Andrew B Thomas posted on

    I have a dispute over repairs to a stone boundary wall that is 'silent' on the plans. The wall separates my house from a group of 6 flats. The land on the side of the flats is used as their common car park. The stone wall is in bad condition and has been for many years. I have just moved in and now they want to force me to make repairs to the wall. As I have dogs to consider I have already erected a fence on my side of the boundary at considerable cost to myself and as a result I can no longer even see this wall in question.
    The group of flat owners have formed a management group and they claim that I am responsible for 50% of the maintenance costs and all 6 of them are responsible for the other 50%. My questions are:
    1. As the boundary is silent on the deeds does it means that the boundary is shared because it does not state otherwise?
    2. Can I demand that any maintenance is split between the 7 parties ( 6 flat owners plus myself) rather than 50% and 50% as explained above.

    Regards,
    Andrew B Thomas

    • Replies to Andrew B Thomas>

      Comment by AdamH posted on

      Andrew - 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

  459. Comment by Edward posted on

    Hi we own a house with a brick wall to the side of us
    On the other side is a footpath owned by the council
    Our side of the wall is 3ft lower than the path
    The wall is in need of repair as big cracks and leaning
    We own the wall and there is no other information on LR
    Can I get the council to repair it.
    Or can I take it down in protest the council don’t offer to repair it, and let the pathway subside as there will not be anything to hold it back.
    Many thanks Edward

    • Replies to Edward>

      Comment by AdamH posted on

      Edward - 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

      • Replies to AdamH>

        Comment by Nikkib posted on

        Hi we are having a driveway put in our front garden & new wall built , the title deeds red line extends out past where the current wall is so does this mean we can build our new wall further out to the red line please ?

        • Replies to Nikkib>

          Comment by AdamH posted on

          Nikkib - the red line confirms the registered extent a general boundaries only. If you are thinking of building anything then it’s not registration advice you need

  460. Comment by AJ posted on

    Hi,

    We have had a single story structure erected for over a decade in the rear of our garden. My neighbour has very recently commenced building a similar structure of his own however he is building on the boundary line (replacing the wooden fence) and there will be approximately a 3 inch gap between the two structures.

    I spoke to him about wanting to re-plaster my exterior wall which before he builds his wall as it will be impossible or to do so afterwards but he has denied us from doing so.

    My questions. 1) Is he allowed to build on the boundary line? 2) Was he supposed to give notice for these works? 3) Can he prevent us from re-plastering our wall?

    Any help will be much appreciated. Thank you.

    • Replies to AJ>

      Comment by AdamH posted on

      AJ - 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

  461. Comment by Sammy posted on

    We had a lovely 3 metres hedge between us and our neighbour over a long boundary (about 30 metres in length) for many years. It is in his land and each has been maintaining his side of the hedge. Suddenly, and without any notice, he removed the hedge and now he wants to erect a fence and he is asking me to pay half the cost. Iam upset about losing the hedge as it used to attract alot of birds but to have to pay for an ugly fence I did not want is adding insult to injury.I have told him that I will be starting a new hedge on my side and he can do whatever he likes on his side and I will not be contributing to it. Can he force me to contribute to his fence? The deeds are not clear about the boundary and the houses are over a 100 years old.

    • Replies to Sammy>

      Comment by AdamH posted on

      Sammy - 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

  462. Comment by Dave at EBH posted on

    Hello, we have a large house, where the land was divided up well over 20 years ago and sold to several different neighbours by the former owner. For the past 23 years or so, have had right of access/way for agricultural vehicles etc to another part of my land inaccessible otherwise, across the boundary between myself and the neglected agricultural derelict land of some 4-5 acres held jointly by 3 neighbours at the back of their respective properties. The original 3 owners failed to erect a boundary fence as I believe they were instructed to do on purchase some 40 years ago (now only one of the original purchasers remain), and I am now re-fencing the entire perimeter of my property and wish to establish a fence on their boundary with me, so that I may keep stock in it again, however, in so doing the fence will block safe vehicular access to pasture land at the far side of my property. Given I have been utilising a route to this pasture land for some 23 years, which involves a short diversion around a corner obstacle onto their land by some 15-20 feet, can I include this piece of land in my fencing without their agreement; or perhaps the more expensive option of installing two gates in and out on the corner of my property? The neighbours do not maintain or use the land other than walking across it occasionally, however, one of their number is extremely hostile, abusive and aggressive and seems to speak for the other two frail elderly owners and so negotiations are fraught to say the least. Any advice or comment welcome.

    • Replies to Dave at EBH>

      Comment by AdamH posted on

      Dave - it's legal advice you need here as to what your rights and indeed what rights others may have in such cases. If you are looking for wider advice/comment then online public forums such as Garden Law and 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

  463. Comment by JayneB posted on

    We live in a rural semi detached house which we extended 5 years ago. We have shared access with our neighbour who over the last 40 years has acquired both pedestrian and vehicular access down a drive to the right of our property and across the back of our house. This is due to both properties historically being in her family with open access to gardens at the rear. We have since put up hedging down part of the garden but now need to fence off the rest of the open boundary due to having a puppy. We have received a letter from her stating that a previous purchaser who wanted to do the same was informed by her solicitor that " the proposed fence and gate would severely compromise and restrict the movement of vehicles to the point where it would be impossible to exercise...right of access, ingress or egress, as is currently and has been previously enjoyed. We don't consider this to be the case at all and opening 2 gates would not restrict her vehicular movement. Moreover, access is for amenities and emergencies only yet friends use the shared access and park directly outside our back doors and use our garden to turn around as does our neighbour when her garden if adapted is big enough for her to turn in. Has she the right a) to dictate to us whether we can put up a boundary and b) has the right to use our land at her discretion and turn her vehicle where she chooses? What exactly defines 'access' and what has she rights to?

    • Replies to JayneB>

      Comment by AdamH posted on

      JayneB - the registered titles will confirm any registered rights for you but it's legal advice you need here as to what your rights (and his) are in such cases. If you are looking for wider online advice/comment then online public forums such as Garden Law and 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

  464. Comment by DL posted on

    I live in my current property for 23 years. I look after my fence and maintain it. My new neighbour now has an approved plan (by council) and the wall of the extension will be on where the fence is. Can they take away my wooden fence without my permission? Also can the gutter of the extension occupy my air space as from the plan it will pass the boundary and hang over to my side.

    • Replies to DL>

      Comment by AdamH posted on

      DL - 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

  465. Comment by Tracey posted on

    Hi, hoping someone can help. we live in a terrace house and the boundary wall to the left, if looking ahead from the front of the house, is in poor state of repair as the neighbours to the left have overgrown bushes which is causing damage to the wall. Would anyone know if this would be our wall and if so whether we can remove the bushes.
    thanks Tracey

    • Replies to Tracey>

      Comment by AdamH posted on

      Tracey - the blog explains how you can check and discuss ownership/responsibilities. Usually matters to discuss and resolve with your neighbours.
      As this is a blog but you want wider comment you could try online forums such as Garden Law

  466. Comment by Suzanne Mayo posted on

    Would it make any difference if the neighbours who acquired adverse possession over 12 years ago are only leaseholders and not freeholders of their property.
    Surely only the actual owners of the freehold of their property should be able to claim ownership under the 12 year rule, but in fact they know nothing about it.

    This example is actually happening to me at this moment in time and I am hoping that someone may be able to confirm that my neighbours do not have legal ownership because they do not themselves own their garden/land.
    Also, I have been reliably informed that the actual owners of their freehold are not aware of the circumstances.
    I personally believe that this is illegal occupation of my land and the leaseholders should hand it back to me immediately.
    What do you think is my legal situation on the above.

  467. Comment by Jacquin posted on

    When I bought my property, it came with a ‘right of way’ (Alley)at the back into the road at the back. The alley passes alongside the house at the back of my property (In the other road) My house is on a V in the road.(on the deeds this piece is land is called a Messuage). My deeds say that this alley should be a minimum of 30 inches wide. Over the years the fence belonging to the house at the back, came into disrepair and I have not been able to use the ally for many many years and not known what to do about it.

    Today I find that this neighbour is having his fence renewed, but has moved the fence over, so it now makes the alley very narrow.

    Is there anything that can be done about this, as should I decide to sell my property, the rear access is now quite impassable?
    Thanking you in advance.

    • Replies to Jacquin>

      Comment by AdamH posted on

      Jacquin- it’s legal advice you need to understand what your rights are here. If you are looking for wider comment then I’d suggest forums such as Garden Law as a useful resource

  468. Comment by Angela Chamb posted on

    We have replaced some fencing on what we thought was our land. The deeds t the property show 3 gardens, all of the same boundary. Today, 11 years later my neighbour has entered into a dispute with me in relation to another matter. Whilst speaking he informed me that I have illegally fenced the land at the bottom of my garden an that he should not have let me do it. I am concerned that land which I thought I owned is not mine. The deeds clearly show all three gardens at the same boundary. However, my neighbour has informed me that the neighbour to the other side of me used AP to claim the land prior to my moving in. I really don't know a I can only go by what was shown on the deeds. Please advise

    • Replies to Angela Chamb>

      Comment by AdamH posted on

      Angela - you should go by your own registered title as to what you own, namely your red outline. Title plans don’t show what other properties own as well, they merely show the surveyed features added by Ordnance Survey.
      It’s legal advice you need here though 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 and advice then try online forums such as Garden Law and Money Saving Expert where such matters are often aired

  469. Comment by Sasha posted on

    Hi Mr Hookway and colleagues,

    We have an end of terrace house and our only neighbour built his extension 0.5m beyond the line of junction of the original party wall inside the existing house. Therefore, we believe he has built over the boundary and is now trespassing onto our land. He has also re-configured the fences beyond the extension, adding to the trespassing.

    We now want to build our extension but this is an obstruction to us and will result in us having a stepped flank wall. The re-configured fences will also restrict how far out we can extend.

    They did this under a Certificate of Lawfulness in the Planning Process and their Drawings show that they were supposed to build up to the Line of Junction which evidently they did not do. Is the Planning Dept accountable for any of this? In theory you submit plans to ask for permission and it is approved. Doesn't this mean that they need build it as per the Approved Plans?

    How much time needs to pass for them to acquire Established Use Rights/Ownership? If they claim this, what evidence will they need to prove it?

    What is the next stage for us? What should we do? What help and advice can we get and from where? If we want to take Legal Action what 'evidence' do we need to have to ensure our case will win?

    I understand that Land Registry maps are not accurate and are not to be relied on for Boundary Disputes.

    These neigbours have a reputation for Trespassing in other areas.

    Thank you for your time.

    Regards,
    Sasha

    • Replies to Sasha>

      Comment by AdamH posted on

      Sasha - it’s legal advice you need here as to what rights you and your neighbour may have. If you are looking for wider comment and advice then try online forums such as Garden Law and Money Saving Expert where such matters are often aired

  470. Comment by Sasha posted on

    Good morning Adam,
    Thank you for your quick reply.

    Forgive me but I must admit I don't find your reply particularly helpful.

    Could you clarify something for me? If someone wants to build, they apply for Planning Permission. What is the purpose of this application and the Result ie. Plans accepted/refused?

    What is the purpose of inspectors viewing the works at the start and end?

    Maybe it would help if we spoke privately?

    • Replies to Sasha>

      Comment by AdamH posted on

      Sasha - I’m sorry if you felt the reply was unhelpful but we are a registration authority. We don’t deal with planning applications and can’t give you legal advice.
      Planning applications and requirements are handled by the relevant local authority. We register land with it without a building on it.
      You need help and advice from those who deal with or have dealt with planning. That’s not us.

  471. Comment by Bobby Sharma posted on

    Hello, I was wondering if someone qualified (no offence!) could give me some advice on a problem I am experiencing.

    I’ll try to be be brief. I’m a director on the RTM Co of a residential block of flats. We have an underground car park and have recently begun to discover that people are not parking in their bays as marked out on their land registry plans. One owner recently purchased a flat in the building and someone else is using his parking space (which is clearly marked out on the land reg plan). Does this owner have a legal right to ask this person to stop using the parking bay?

    The properties lease does state the following -
    “ The lessor expressly reserves the right of making from time to time alterations in the mode of laying out the development including without limitation the access way the external common parts and the number and layout of the parking bays and the number and area of the buildings on the development and the layout thereof and also the building itself and also the area and extent of the development in such a manner as the lesser shall think fit.”

    So I guess I’m asking what takes ultimate legal president, the Land Registry ya Title Deed or the wording in the Lease?

    Any help greatly appreciated!

    • Replies to Bobby Sharma>

      Comment by AdamH posted on

      Bobby - this is a blog rather than a forum so you are very unlikely to get wider comment. However we can’t advise you on the legal position here so I’d strongly recommend seeking legal advice on who has what rights.
      The lease is part of the registered details so the lease will always be relevant to such matters and it’s the wording that decides how things might be changed/enforced. And a registered title will refer to ownership so if a parking bay was included in the leases then that would be referred to on both

  472. Comment by SDavies posted on

    Despite explicit objections to the neighbouring owner & the local authority (waste of time), the neighbouring owner has extended his roofline/guttering/waste vents over my boundary substantially interfering with my use and enjoyment of my own property and in contravention of the planning permission he was granted.
    How do I file a notice or caution against this neighbouring property's registered title as to ensure the neighbour (or his successor) does not acquire title -or the right to extend below his new roofline- over my land. I am not willing to 'wait and see' if he tries to claim any entitlement in the future and I am concerned about my position should I wish to sell.

    • Replies to SDavies>

      Comment by AdamH posted on

      SDavies - it’s legal advice you need here to understand what rights you and indeed your neighbour may have. And if any legal challenge might be made. You may also wish to try online forums such as Garden Law where such matters are often aired/discussed. We can’t advise you here other than to confirm a caution is not an option as they no longer exist as a protection for an interest on a registered title.

  473. Comment by Dom1999 posted on

    Can a protruding chimney breast the height of the house from ground level that protrudes 14 inches proud of the main straight wall of a property be used to determine where the straight parallel boundary line lies when all other boundary features front and back of the property are in line with the main wall making one straight line and have been in place in the case of a line of shrubs flowers and bushes dug and maintained at the front dug In a defined flower bed for at least 12 years without any complaints where previously it was just open Grass and The fence at the back in line with the main property wall which has existed maybe 25-30 years and probably has never move as it’s between two lines of trees either side of the fence. I maintain the boundary is the main wall but neighbours beg to differ and say it’s the chimney. The deeds define a chimney breast an easement that can overhand neighbouring properties along with gutters, downspouts and gully’s cables and utilities.

    • Replies to Dom1999>

      Comment by AdamH posted on

      Dom1999 - we can’t advise you on such matters and I’d advise you to seek legal advice

  474. Comment by David Lee posted on

    I have maintained my fencing and grown roses and honeysuckle over this fence for the last 8 years. My neighbour after doing zero gardening over that time has decided to suddenly build a wooden decking 6 inches from my boundary. I have out up a trellis to gain some additional privacy and grown the climbers up onto this trellis. But now I find that my neighbour is blithely putting his hands through the trellis and cutting down my foliage which is clearly inside my boundary. They are also tenants to a Housing association so I am wondering what is the best course of action? and will this be likely to prejudice my position in the future should I wish to sell my property and have to declare it on the selling pack?

    • Replies to David Lee>

      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

  475. Comment by Ray posted on

    Hi Guys,
    I have a question regarding determining mind point of a fence on the boundary of two semi's.
    I share fence with my neighbour which I am responsible for, I am changing the old fence which was installed before we I moved in the house.
    I have noticed that fence is 10 inches on my side of the garden.

    My neighbour has done some research, and is saying that because it is my fence so it needs to be on my side of the plot and not in the middle.

    Is that true ?

    I can not find any information online or in the property registry document.

    My understanding is that the fence should be in the middle of two properties as other neighbours in the street has fence exactly in the middle.

    Any help on this would be greatly appreciated.

    Many Thanks
    Ray

    • Replies to Ray>

      Comment by AdamH posted on

      Ray - we don’t register the exact legal position so it’s wider legal advice you need. Others may have a view such as online forums like Garden Law but in all honestly this is one for you and the neighbour to agree upon. What others think or claim as being true is unlikely to solve things if you/your neighbour disagree

  476. Comment by SeanM posted on

    I have question i hope someone can help with.

    My house is on the left end of a row of houses, looking from the front. It has a public path in front of all the houses, but also a public path that goes across the back of all these houses and that path also goes down the side of my house on the end.

    The path way on the back of the houses is quite wide, wide enough for a car to drive down to give you an idea. Inbetween each side of this wide tarmac path and the back of your back garden fence is a little grass area which measures around a foot or two.

    Now my neighbour has built on this grass area outside her back fence a wooden walled feature measuring around 2 and a half feet off the ground and its filled with stones.

    This feature extends past her fence boundary and over the back of my fence by 3 feet. I find this extremely annoying as anyone can use this to hop over my fence if they fancied, but also the damn cheek.

    My problem is i cannot get a straight answer out of anyone who's land this actually is.
    is this my land?
    is this the councils land?
    does she have a right to build over the back of my fence if it is the councils land?

    im at a loss at the moment as to what my rights are regarding this situation

    • Replies to SeanM>

      Comment by AdamH posted on

      SeanM - this is a blog so you are unlikely to get responses from anyone else. I’d suggest you use online forums such as Garden Law and Money Saving Expert if wider comment is wanted.
      You can check on the registered extent of your property, your neighbour’s and whether the land is registered https://www.gov.uk/get-information-about-property-and-land
      Once you have that awareness then it's really legal advice you need as to wha5 rights each of you has. But if looking for online comments knowing who owns what/what’s registered will make it easier for others to reply

  477. Comment by LeeB posted on

    I am looking to build an extension at the rear of our semi-detached property. I had initially intended to build it within my boundary giving the correct spacing to the adjoining property knowing that if they wished to do the same extension there would be a gap between the two property extensions.

    The neighbors are aware of our plans and wish to have a party wall to be shared by our extension and their future extension, benefiting both parties. Would this need to be updated on both land registry docs? As we both agree on this the wall's location I presume its a simple legal agreement we need to cover both in the event of future sales?

  478. Comment by Morag posted on

    Help! I don’t know what to do

    On Wednesday morning I heard banging about outside. Looked out but didn’t see anything had a shower, hair dripping and towel around me I heard someone at the door this was the back of 8 in the morning. Was then advised by next door he was putting up a new fence.

    I checked my total dead’s. The fence he has ripped out was the boundary fence and it was a mutual fence. I did not give him permission to remove it.

    He has replaced the fence with a 2m and 1m high fence meaning I can no longer see out to the street when leaving my drive way

    The fence post have used some of the old posts wholes so I am not disputing where the fence is. The new fence has far larger posts and the finished side of the fence now faces into his house leaving a 4 inch or so additional ground to the fence which his work men think scraping my stones over to the fence and mixing in earth is an acceptable way of leaving my garden. This is not the way it was. I had weed control fabric to the fence with stones going to that line.

    He gave not notice of this work nor did he ask permission to enter my garden.

    I live in Scotland and would welcome what laws he has broken and what can I do.

    • Replies to Morag>

      Comment by AdamH posted on

      Morag - we deal with land and property in England & Wales. The Registers of Scotland may be worth checking online.

  479. Comment by Lee posted on

    Hello.
    My neighbours have refused to replace the fence panels that are rotten and have mostly fallen in my garden which I have always put back but now they are beyond it. I have checked my Title deed plan which I paid for at the land registry and on the plan the 'T' marks on the rear boundary fence are all pointing to their property which if I understand right means the fence is there responsibility.

    As they have refused which is very annoying. Do they not have a legal responsibility to replace them as with the windy weather there are a dander to my young children as they always fall out of the posts and into the garden where they play?

    • Replies to Lee>

      Comment by AdamH posted on

      Lee - as the blog explains such markings/covenants may indicate responsibility for such matters but it’s not always definitive or binding in some cases.
      It’s legal advice you need as to how the law might view your circumstances. We can’t advise you above and beyond what’s in this article. If you are looking for wider online comment then you could try online forums such as Garden Law but do remember you, your neighbour and the fence are all unique to you so what worked for others may not do the same for you

  480. Comment by Paryn posted on

    Hi. I moved into semi detached house in 2006 so living here for nearly 14 years. Neighbours been good at the start but last 3 over years begun harassing - for instance our houses are not joined and there is a fence boundary that I own; they kept leaning heavy items and fences would cave in, I replaced - and even though I mentioned that their acts were causing damage, the lady laughed it off. Moving on, over the years they have painted the fence facing their side, leaned plants - and tipped cut-off tree branches to our garden. I mentioned and they did nothing - I kept quiet for fear of back-lash. Last year November they asked for access to do building works, I agreed and their builders damaged my property - then when I mentioned to neighbours they asked me to deal with the builders who ignored me - and left with body work damage to the car and other walls, door and drains. I have photos and videos of damage. Then they said they will replace 3 fence panels 3 months ago - I thanked them, only they damaged my plants and left the old fences in my garden. They simultaneously did another repair work done for which they asked if they could replace a panel in the front to make it higher - I saw no reason to say no - but their guttering pipe is over the fence to our side. I explained to them and the owner began arguing that the concrete fence poles are misaligned. Due to this they have started parking on our side, and the rear of car on our dropped kerb - and done constantly to the effect that our visitors park far down the road. Where do I stand?

    • Replies to Paryn>

      Comment by AdamH posted on

      Paryn - it’s legal advice you need here and we can’t provide that. If you are looking for wider online comment or advice then forums such as Garden Law can be useful resources.

  481. Comment by AndrewH posted on

    My property adjoins a petrol station forecourt on one side. There is no information on boundary ownership in Land Registry. The posts for the fence are on my side/land does this mean I am responsible for maintaining this or does the fact that it borders a commercial property change this?

    • Replies to AndrewH>

      Comment by AdamH posted on

      AndrewH - we can’t tell you who owns or is responsible for a boundary. The blog article explains this and in my experience it’s a matter for neighbouring owners to discuss and agree upon.

  482. Comment by Nick H posted on

    Hi,

    We live halfway up quite a steep hill so the neighboring gardens are on staggered levels. We are responsible for the walls in the garden from the ground up, and not below. Our neighbor below has attached a rusty old angle iron on his side of the wall but protrudes by about 8 inches over the top of our wall, are we in our rights allowed to tell him to cut the steel off below the top of the wall so that it isn't an eyesore? At the moment we can't work out exactly what he is planning on doing if it's to support the lower part of the wall or he's planning on growing vines up and above the wall, which will block our view across the valley.

    • Replies to Nick H>

      Comment by AdamH posted on

      Nick - we can’t tell you what your rights are. You’d need legal advice for that

  483. Comment by George posted on

    Hello A have a boundary fence with my neighbour a metal fence, a don’t no who owns it ,it was built before we both moved in, my neighbour has built a new fence on there side, it was done without talking to me, a think both together are a eye sore can I replace the 1 on my side

    • Replies to George>

      Comment by AdamH posted on

      George - we can’t tell you what you can or cannot do. As the blog article explains any changes to boundary features are often best discussed and agreed upon between neighbours.
      All I would say is that the original fence has presumably been there for a while and as such both you and your neighbour have accepted that it denotes where the boundary lies. If you take it down then what happens to that acceptance - are you going to claim the new fence is now the boundary? Is the neighbour going to insist you put it back up or agree in writing that the boundary is there and not the new fence? Lots of Qs to consider depending on what you both do and in my experience only you and your neighbour have the answers

  484. Comment by Monica posted on

    Hi,

    I bought my home nearly 2 years ago and only moved in about 1 year ago due to having internal refurbishments. The garden as I bought it was very overgrown and I have an extra garden space at the back that was like a jungle and since has been cleared. The fence at the rear needs replacing for obvious reasons. This fence backs on the neighbours garden at the back and they have only owned their property for a 1 year or so. The neighbours decided to build a structure at the back of their garden of which a 1 meter wall faces my property and backs onto the fence. Since I have only been at the property for a short time and recently cleared the back area of the garden to expose the wooden fence, I noticed that there are concrete posts behind the wooden fence posts. I spoke to the neighbour and mentioned that these concrete posts are actual in my garden and the edge of the boundary starts from the edge of the concrete posts. My neighbour challenged this straightaway and said these concrete posts are in their garden. To be sure I checked the deed plans which had measurement of the boundary for my property and since I am looking to replace the fence I wanted to be sure of where the property boundary is for my property. I commissioned a local building surveyor and architect firm to come in measure in accordance with the original title deed plans. The measurements were spot on and it turns out that the concrete posts behind the wooden fence are actually in the demise of my property. When the boundary was marked out the concrete posts lined up exactly with the measurement points. Since then the neighbours have been acting up. They have cut the string that mark the boundary and every time I go out to the back of my garden they start recording me, it's not even discrete. I want to check if I am within my rights to place move the fence to where the concrete posts are, which technically are in my demise?

    • Replies to Monica>

      Comment by AdamH posted on

      Monica - it’s legal advice you need here as to what your (and the neighbours) rights are. Whilst you can try online forums such as Garden Law the 3xperiencesbof others are simply that and your own property, your neighbour and the boundary are all unique to you. So best to get legal advice to consider options.
      One caveat to add is that in my experience such matters are best resolved by neighbours discussing and sharing information and understanding before agreeing a way forward. A solicitor, a surveyor or even HMLR are not arbiters in such matters.

  485. Comment by MarieM posted on

    I have the following in my deeds.

    Please can you tell me which are our fences?

    The existing fences adjacent to the retained land are excepted and excluded out of this sale and the boundary between the property and the retained land is along the east and north sides of the said fences.

    thank you

    • Replies to MarieM>

      Comment by AdamH posted on

      MarieM - we can’t and the blog explains why and also offers some ideas for how you/your neighbours can decide

  486. Comment by Michael posted on

    Hi

    In brief when we brough our property there was already an extension and the boundary fence ran down the side of the extension with about a 3 inch gap between it and our wall.

    A while ago our neighbour took down ( without our permission) the fence that ran along side the extension. I asked what they were doing and they said it was an agreement they had with ten previous owner as they got a lot of wasps nests between the small gap etc and not to worry if it need to go back up the n it could do.

    Fast forward to now and they are building an extension which meets the wall on our extension even though when i asked them they said they were build on their own land now the extension is going up it is built up against our wall.

    Can they just build on the land that was in my side of where the fence used to be?

    • Replies to Michael>

      Comment by AdamH posted on

      Michael - we can’t advise you and I’d strongly recommend getting legal advice. If you are looking for wider comment then try online forums (not a blog) such as a Garden Law

  487. Comment by Linda MacKay posted on

    Hello
    This is not a boundary dispute - but I am hoping that you might be able to give me some helpful advice.
    My son lives in a Western Heritable corner cottage flat (a 'four in a block') with different parts of the overall garden area allocated and owned by the upper and lower flats in an illogical and inconvenient way. This is the case, as far as I am aware, for all Western Heritable cottage flats.
    Both my son and his downstairs neighbour would like to swop parcels of their existing garden areas to make their gardens work better for both of them. But, they have been advised that this would probably cost about £5000 between them to make it legal!
    We really don't know how to get advice about this - or even who we would contact for advice. So I would be very grateful if someone would be able to help - or steer me in the right direction.
    Many thanks and best wishes
    Linda

    • Replies to Linda MacKay>

      Comment by AdamH posted on

      Linda - transferring parts can appear quite simple on paper https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
      However if the flats are mortgaged then the lender’s will need to consent and are very likely to insist you use conveyancers.
      If the flats are leasehold then you may not be able to do it anyway as the leases prevent transfers of part.
      So I’d check and confirm the registered position and contact a few conveyancers for quotes. £5k sounds high but if it’s a complex change as it involves multiple parties then it’s unlikely to be cheap

  488. Comment by Linda MacKay posted on

    Dear Adam

    Thanks so much for your very helpful reply. Very much appreciated :).

    Best wishes

    Linda

  489. Comment by Joe posted on

    Hi, can anyone confirm the advice has been given is correct? Semi detached with shared driveway, gates across middle between both houses, we have lived here 7 years and the neighbour on other side of gates has told us numerous times he put the gates up, there was no formal agreement with previous owner in our house, the problem we have is he put the fence over damp course and air brick thus causing over £1200 of damp problems internally, insurance company wont pay for external work out as neighbour is liable, they have told us to give him 2 weeks notice to remove fence in order to fix the damp problems externally before they fix interior problems, we are not allowed to grant them permission to re attach the gate or it will invalidate insurance going forward,can we move post of gate to 3 feet away and re attach a smaller gate? This will still allow use of shared drive for vehicles

    • Replies to Joe>

      Comment by AdamH posted on

      Joe - it’s legal advice you need here. If you are looking for wider online comment then try online forums such as Money Saving Expert

  490. Comment by Emma posted on

    I would appreciate some advice. I moved into my property 23yrs ago a few yrs before my current neighbour. There was only a small wire fence set about 3 foot back between the 2 properties. A few yrs ago i had no communication from my neighbour but i came home to builders putting up fence posts directly on the edge of my drive which was closer than the original wire fence that stood for yrs. My neighbour was nowhere to be seen. My driveway is 6 car lengths long, putting a fence up so close to my driveway edge would have meant i could not even open my car doors so be unable to use my lengthy driveway and it was a lot closer than the original fence that was there before both of us. The builders reluctantly set back the full 6ft fence about a foot from my drive. Ever since the neighbour comes onto my drive, cuts the grass edging. Walks about on my drive. I have asked why but he just smiled and nodded and tbf to avoid an argument i just let him get on with it. The other day i dug up the grass verge my side of the fence to gravel because i genuinely believe it to be mine (in-fact its a smaller border from the old way it was with the wire fence) and he went nuts! Came barging into my garden half 9 at night shouting and screaming at me telling me i had to put it back and to leave it alone. Turns out all this time he thinks its his land and he thinks he has ‘donated’ some space to me for me to get my bin down the drive, which is bizarre in itself! He remembers the boundary about 3ft in his favour. I have pics from yrs ago of the old set up and my title deed suggests my boundary is further over because where we live merges into a culdesac and the lines show my boundary to be within the curvature of the culdesac. I have read all the info and whilst it seems title deeds are a guide surely they arent miles away from suggested street curves etc. How is it best to establish a definite boundary. To me it's there in black and white and old pics. I just want him to respect my space instead of encroaching on the boundary like he has. I also want to have my driveway done in 12months or so and cant be doing with this all over again. I am also going to rent my property in the next few yrs and i also cant be doing with him hassling tenants because they leave the bin where he considers to be his. I need a definite line so its an end to the argument. I dont know where to start or who to contact first. Thanks

    • Replies to Emma>

      Comment by AdamH posted on

      Emma - the only way in my experience to establish a definitive boundary is to agree it’s position and formalise that agreement as explained in the blog. If you cannot reach an agreement you are likely to repeat the same scenarios already played out again and again.
      Sharing and discussing all available information and understanding is the best way forward. If unable to resolve it then a surveyor (RICS) maybe able to assist with dispute resolution if you both agree to be bound by the report. Otherwise it’s legal advice you need.

  491. Comment by Mark posted on

    Looking for advice please, basically on access roads within boundaries.
    We have the freehold on our property and it's clearly shown on the 3 plans (old lease and deeds inc.) that our boundary encompasses the public footpath and 1/2 of the road to the front of our property as well as the entire 18ft access road to the rear. My question is, can I build into that access road?
    Additional things to consider are, the access road is disused and completely overgrown so getting an actual vehicle down it would be impossible, you can however ramble down it in single file if you wanted to, I would not impede this with my build. I only want to build out 4ft into the "access road" leaving ample room for any vehicle to still get down should they so wish. The access road turns into a 6ft footpath halfway into our neighbors boundary so only impacts them as far as a road. What's currently in the space I would like to build is just bushes.
    Any help would be appreciated, I'd really like the extra 4ft on the back of the garage and common sense suggests it wouldn't be a problem, I'm aware that common sense isn't really considered and thus my question.
    Kind Regards,
    Mark

    • Replies to Mark>

      Comment by AdamH posted on

      Mark - we can’t advise you on what you can or cannot build and where. It’s legal advice you need here. If you are looking for wider comment then try online forums such as Garden Law where such matters are often aired and discussed

  492. Comment by Lorence posted on

    Hi There
    I am about to purchase a property, semi detached. However, the garage of the neighbour on the next set of the semi detached house has a garage, but the entry of the garage falls on the front driveway of the property I am in the process of purchasing. This of course is completely putting me off from purchasing the property due the fact that potentially I will not be able to park my vehicles at the front driveway path as I’d be blocking the entrance/exit of the garage owner. ONLY the door (entrance) of the garage falls on the land of the property I am about to purchase, whereas the garage space itself and side walls fall on their side.

    The current landlord of the house only been there for 5 years and does not know why it was built like that.
    What can I do to get some clarity of past arrangements? The way I see it, the entrance of the garage should have never been built there. Can I ask the surveyor of the bank to inspect its history and where we stand ?

    Happy to add email a picture.

    Some advice would be much appreciated.

    Thank You

    • Replies to Lorence>

      Comment by AdamH posted on

      Lorence - it’s professional advice you need here so the surveyor could be asked to look at it if that’s the type of report you are having; or your conveyancer would be asking th3 seller to investigate and clarify re own understanding, the registered information and what the neighbours confirm as appropriate.
      We register the general boundaries/extent rather than what may be built or otherwise on the land. So if the garage is on their land we wouldn’t have any ‘history’ around when or why or how it was built as it was

  493. Comment by Matt Smith posted on

    Hello, I have a potential issue over who has responsibility for a fence that borders my property and my neighbour's. When I bought my property, my conveyancing solicitor told me that my neighbour was responsible for maintaining the fence. I have a copy of the 'property information form' and an email from my solicitor confirming this. Unfortunately my neighbour's landlord has said that I am responsible for maintaining the fence between the two properties. In view of this, I was wondering the best course of action to take, whether to wait for the fence to blow down and then present the neighbour's landlord with my evidence that they are responsible or whether there is something I could be doing now. Any help and advice would be much appreciated!

    • Replies to Matt Smith>

      Comment by AdamH posted on

      Matt - I'm afraid it's legal advice you need here. If you are 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.

      • Replies to AdamH>

        Comment by Matt Smith posted on

        Thankyou I will have a look at those forums first. I am just curious to know what other people have done before I go down the road of taking legal advice.

        • Replies to Matt Smith>

          Comment by AdamH posted on

          Matt - understood but this is a blog so you don’t get people contributing in the way you would on a forum

  494. Comment by Rnm posted on

    Just a quick question that I cannot seem to find an easy answer to ...in terraced houses where one house is higher at the exposed gable than the other by 18 inches ....who owns the gable end and the subsequent brickwork beneath .....I'm not talking party wall issues here ....I talking ownership ....thank you

    • Replies to Rnm>

      Comment by AdamH posted on

    • Replies to Rnm>

      Comment by AdamH posted on

      Rnm - we can’t tell you that and very much one to get legal advice on. If you are looking for online answers try forums, not blogs, such as Garden Law

      • Replies to AdamH>

        Comment by Ray Morris posted on

        I've tried garden law but as yet they still haven't approved my registration unfortunately
        My main issue is .. . Two years ago I replaced a small fence sitting on top of a boundary wall ...the original fence was over 100 years old made from iron and was in disrepair ...the contractor put the new fence on line with the outer edge of my gable end atop a wall that is about 18 inches thick ...it was nearer my neighbours side than the original ironwork by about 4 inches ...the contractor said he is simply following my rightful boundary ...my neighbour ...who he and his family have a history of boundary disputes wherever they go ...say that it's within his boundary ...he claims that his boundary includes the exposed gable and brick and half the cavity between the houses and wants the fence moved back by 5 inches ...they are terraced houses built over 110 years ago with very little information on my deeds ...my house is about 18 inches higher than his at the gable and he claims this is his .

        • Replies to Ray Morris>

          Comment by AdamH posted on

          Ray - understood but such disputes are often only resolved between neighbours especially if neither accepts the legal position/advice on the matter.
          We can’t provide such legal advice so I’d recommend you consult a conveyancer familiar with the law around land/property.

  495. Comment by M posted on

    Hi , Wonder if you can help or point me in the right direction.Between a shop and a Pub there is car park area. Speaking to previous owners from 20 years ago. They both are adamant that this shop has previously had parking spaces. Both gave exact positions of the spaces.
    Before the Deeds were changed into my name. I had seen a red line for 2 car park spaces which is no longer on the current Deeds.where and how can i find out if this property had previously designated parking.

    Thank you any help would be much appreciated.

  496. Comment by Harrison posted on

    Hi I'm selling my house and having issues with my neighbours , when it was first bought the lady owned next door and her mother owned our house. The garden was too large for her mother so her daughter legally took part of it. But told us when buying it the boundaries belonged to our property as at one side are wall in our garden continues round and at the back the we have an apple tree in the boundary chain linked to the one in our garden. It does say in the deeds certain facing boundaries belong to our property what does it mean when it says east facing and south east facing does the hedge row have to run in that direction? For instance facing the hedge row at the back of our house is north but runs from east to west(right to left)

    • Replies to Harrison>

      Comment by AdamH posted on

      Harrison - such references won’t in my experience relate to the direction a boundary runs in. You’d look at the plan, identify the north point and the boundary on the right for example would be east and the one on the left would be west to use a basic explanation

  497. Comment by Gavin Clydesdale posted on

    My title deeds show the red boundry line being in line with a footpath at the front of my property. My back-garden fence steps back from this line of sight by around 500mm. All other properties on the site have their fences in line with these paths allowing for a decent 1200mm access path and over 1000mm gate entering back garden. I pointed this out to the builder when I first moved in as my access to my back garden is by a single slab pathway 600mm wide and a gate at 580mm wide. The fence was mistakenly put up in the wrong position and the builder fobbed me off to avoid cost of moving it. I pointed out that I can't even get a child's buggy or a wheelchair through the space to access the back garden, they never budged. Is there something I can do about this as I am sure I am meant to have another 500mm of width here and although it seems trivial it is more about the access. Who knows what the future holds but god forbid if I or any future owner ever needed to access by wheelchair it would be impossible?

    • Replies to Gavin Clydesdale>

      Comment by AdamH posted on

      Gavin - we provide the registered information which confirms what was transferred by the builder and then registered. What’s happened re the other plots has little or no bearing in my experience and if you want to change something then it’s likely only you and any affected neighbours can sort it out. That may mean them transferring part of their plot but I’d suggest seeking wider legal advice re your options first

      • Replies to AdamH>

        Comment by Gavin Clydesdale posted on

        There are no neighbours on the boundary line affecting me, it a narrow stretch of factored common land which is part of the overall estate. More reason why I felt that there would be little reason for the snatching of 500mm by 10m of land I believe should have been within my boundary line and it was an error by the fencing contractor.

        • Replies to Gavin Clydesdale>

          Comment by AdamH posted on

          Gavin - when we refer to neighbours we mean neighbouring landowners. I assume that owner is still the builder and if so you need to weigh up your options as to what to do next

  498. Comment by Min posted on

    Hi,
    I live in a new build area. I accidentally gained the Conveyance plan from the builder. According to the plan, our garden should be bigger than the actual. I also gained a 1:1250 site plan from a structural engineer, which is consistent with the conveyance plan.

    The division between our neighbour and us is the garden fence, our gardens are divided by this fence.

    Does conveyance plan mean legal ownership? I would assume the deed would take the map from the conveyance plan.

    It matters as our garden is very small.
    How should I proceed?
    Many thanks.
    Best wishes

    • Replies to Min>

      Comment by AdamH posted on

      Min - you need to look at what is registered and what deed induced that registration for example the transfer from the builder. Then decide what’s included in your legal title.

  499. Comment by John Woodcock posted on

    Hi Adam,
    We've lived in our house for 22 years and the back of the house is directly attached to my neighbours land (no boundary wall or anything like that). At the time of purchase our solicitor insisted that we have a private right of way negotiated as we have two doors to our property on that wall. This we did (fortunately). My wife has tended flowers in a small border next to our wall and I vaguely remember seeing somewhere that we owned the first foot out from the wall, unfortunately I can no longer find this documented. The property next door was sold a couple of years ago and the new neighbour has prevented my wife tending the border. Have you come across anything like this before? Any idea where I might find the "one foot" clause documented? I checked our deeds but it doesn't seem to be in there.
    Many Thanks,
    Jonn

    • Replies to John Woodcock>

      Comment by AdamH posted on

      John - I’ve come across lots of different scenarios re boundaries and land over the years all of which have come about for a whole host of reasons starting with the historical vagaries of land ownership/law through to arrangements agreed between neighbours, not always by deed but verbally.
      If there’s no registered details to assist then my advice would be to ask the neighbour why they have taken the stance the6 have and work from there.
      Much may depend on what they were told when they bought; what their understanding is re boundaries and more. And then share your own information and understanding and try to resolve, agree and formalise things as explained in the article.
      If things have gone too far then get legal advice and take a look at forums, not blogs, such as a Garden Law where such things are often aired discussed.
      But remember You, your neighbour and your property/boundary are all unique so what works for others may not for you

  500. Comment by Peter Smith posted on

    Hello Adam. My 1930 deeds state the requirement for a concrete and wire fence along a line agreed by the Vendor or their Surveyor and the Purchasers. When the adjacent plot was sold, that purchaser was to pay 50% of the cost of the fence and the fence would then be maintained as a party fence. Until 2 weeks ago the posts were still there along with plenty of rusted wire and for at least the last 35 years a 60 yard hedge had grown around the fence. Our new neighbours asked to remove the hedge and replace it with a fence, at no cost to me and I would get the 'nice side'. I agreed subject to the two 5"sq concrete Straining Posts at each end of the fence remaining. What I wasn't told was that over 95% of the fence would be on my side of the boundary. The fence is substantial, being some 16cm wide. But instead of straddling the boundary and abutting the straining posts, the fence has been built to my side of the straining posts. All but two of the intermediate concrete posts have been snapped off at ground level and they are all on the other side of the fence. The closest the fence comes to the boundary line is around the halfway point where four of the new 10cm square posts cross over by no more than 2cm. So 20 of the posts and all of the rails and slats are on my side.
    Should I be worried and do I need to do anything?
    Thank you.

    • Replies to Peter Smith>

      Comment by AdamH posted on

      Peter - we can’t really comment on whether you should be worried or do anything as such matters are invariably between neighbours. We register the general boundaries so which feature is put in place to define it in the ground will always vary in thickness/type. How it’s erected as a result is a neighbour discussion/agreement.
      If you are concerned that a new neighbour or a buyer might think the boundary line is one side of the feature then you may wish to consider formalising matters now to clarify, agree or determine where the boundary is.
      If you are looking for wider comment/discussion then forums such as Garden Law can be very useful resources

  501. Comment by Peter Smith posted on

    Many thanks Adam. I think the answer is as you suggest and to draw up a Boundary Agreement as soon as possible. With the original posts still in situ it should be possible to 'Agree' rather than 'Determine' and £40 is a small price to pay for piece of mind.
    Kind regards
    Peter

  502. Comment by Charlotte posted on

    Hi, we need some urgent advice. We bought a house 5 years ago that we knew had been the victim of a ‘land grab’ to our adjoining neighbour. We are now doing building work and our neighbour is insisting we cannot touch, rebuild or damage the garden wall. We have changed our plans to this effect, despite the fact that the wall is very old and in a poor state of repair, and therefore somewhat dangerous.
    Two surveyors (including hers) who have inspected it for the party wall award have said there can be no doubt it is actually our wall.
    If this is the case presumably we can knock it down and rebuild it ourselves. Would the onus then be on her to prove she owned it and take legal action against us if she wanted to?
    What exactly would happen next if we did this?

    • Replies to Charlotte>

      Comment by AdamH posted on

      Charlotte - this isn’t something we can advise you on. This is a blog so if you are looking for wider comments then I’d try public forums such as Garden Law where such matters are often discussed
      It’s really legal advice you need though as such matters are often only resolved by neighbours but it’s good to know what the legal views are

  503. Comment by Rebecca posted on

    I have bought the last property in a terrace and by my house there is a wall (a dead end)which separates our row of terraces’ access path from another access path to another row of houses. There are two access points for people to access this other row of houses but it would take them a couple more minutes to walk around by the designated footpath.

    Quite a lot of people are jumping this wall (5ft high) right by my window as a short cut to the next row of houses. I believe our access lane and the wall belongs to the housing company who built our development. Should I contact the housing company or the local council to see if there is anything that can be done to stop people jumping the wall? Or do the people have the right to use it as a shortcut? It’s alarming when I am working and someone jumps into view right by the window.

    • Replies to Rebecca>

      Comment by AdamH posted on

      Rebecca - it’s legal/wider advice you need here. We provide registration advice. The key is usually who owns the land and whether they have a right of access. If there’s a wall then the latter seems unlikely.
      You can check if the land is registered and if so who owns it. https://www.gov.uk/get-information-about-property-and-land
      If you think the council or housing co have an interest then you can try them

  504. Comment by MichaelS posted on

    Hi Adam,
    We have lived in the same semi detached property for 30years.
    Originally separating the the rear gardens was a very small two horizontal slatted fence. We had our garden landscaped and the remaining area to the house flagged. As part of this we replaced the old fence with a new one. Upon building the fence the builder measured between our rear window and our neighbours window and found that the old fence was sat on their land.
    He erected the new wooden fence in the middle of the two windows. This has been like this for around 15 years.
    This week we replaced that fence with a composite panelled fence with concrete posts.
    After the builders had finished the work I asked my neighbour if all was ok on their property and had a complaint that we had left them with 6" of our garden to maintain.

    This is based on the fact that when the original (to me) fence was in place we had a garden wall built at 90 degrees to the fence as a retainer for our tiered garden.
    This wall now sticks out 6" past the previous new fence we erected and has been like that for around the last 15 years.
    Were we wrong 15 years ago to move the fence further towards our property which we believed should have been in the centre of the two properties.

    • Replies to MichaelS>

      Comment by AdamH posted on

      MichaelS - whether it was right or wrong is really something for you and your neighbour to decide. We don’t register titles to the nearest inch for example. Similarly boundary lines are not always ‘logical’ in the way you may have assumed and much really depends on what’s there and to what extent it has changed over time with or without the agreement of both neighbours/their predecessors.
      My advice would be to resolve it amicably between the two of you and if it needs formalising then follow the blog guidance

  505. Comment by Rosy Blackmore posted on

    Adam H on 21September 2020

    Rosy B- I see by your replies that most people are advised to consult a solicitor
    In response to their questions,but all I I would like to know if I have rights in my situation

    I have a rear garden of almost 200 ft When I moved there 50 years ago there was no boundary fence the neighbour accidentally burned it down in the 1940s and never renewed it There were parts of old fence palings in places on the boundary But the boundary was clearly defined as the adjoining garden was over a foot higher than mine' I had a flower bed all along by the boundary A temporary 3ft wire fence was put up 2 ft from the boundary to prevent two young children going into the gardenf the bottom of the garden has always been used as a dump of about 5ft high with all the rubbish rolling into my garden 50 years ago we planted a privet hedge away from the boundary and was kept at 5ft high Between the two houses another hedge was grown as it was all open again 3ft fro the boundary This was again well cut Recently, I have had someone to give me an estimate to reduce the height of to about 5/6 ft a manageable height I would hardly be prepared to pay several hundred pounds for this if they wern't my hedges My son was cutting a hedge the neighbour appeared claiming they were his hedges and not to touch them or he would call the police, he tried but no police arrived He has already planted laurel plants in my flower beds while I was out he was asked to remove them The plants are now 12 ft high putting my garden in 12 ft of shade He already has a hedge about 20-30 FT high on the other side of the garden and wants my side to match that

    what I would like to know is;
    is there a maximum height of a boundary hedge in a private garden?
    how can this man be made to clear out the rubbish weeds etc that have rolled to my garden as there is no fence at the bottom of the garden

    I would like to settle this reasonably as the neighbour has a volatile temper and threats and harassment are not ascceptable
    Any advice would be welcome

    • Replies to Rosy Blackmore>

      Comment by AdamH posted on

      Rosy - the recommendation to seek legal advice is provided to establish what legal rights you each have based on the specifics involved, including what has happened over time.
      They can also answer your Qs re height, how you can try to make him do something and what happens next if he does not wish to discuss or agree matters. We can’t give such advice I’m afraid.
      If you are looking for wider online comment then take a look at online forums, rather than blogs, such as Garden Law where similar matters are often discussed

  506. Comment by S Pressler posted on

    This may seem trivial but I have lived in my semi-detached dormar bungalow all my life, it was my mum and dad's house till dad died 5 years ago. 4 years ago the house next door changed hands and it has been one thing after another firstly they placed a trampoline right next to my garden fence, then they raised their garden by 2 feet so my 6 foot garden fence offers me now no privacy, they then wanted me to buy another fence as they complained they had no privacy. Then they altered the house removing walls, the fireplace and presumably putting down hard floors as I now hear every footstep, word spoken, everything really. Now this month it's back to my back garden fence dad paid £1400 for this 7 seven years ago,it states in the deeds it is our fence, it is slightly over into my garden by two inches as the previous owner could be awkward I have had garden pots on it for 2 years during the last month my neighbour has again begun yelling at me over the fence (literally and regarding the fence) she removed my pots and told me they have attached lights to my fence and I cannot have pots on the fence. I said it was my fence and I wanted pots on there and that she couldn't attach things to my fence without my permission, she then removed my pots again and said I was stupid and mental and that I could not have pots on my fence. So the pots are now on the floor where she threw them and I literally dare not go in the garden she has a very bad temper and I hate confrontation. Is she allowed to do this remove my pots as she has attached something to my fence, surely it's my fence? I would appreciate any advice to help me with this. Thank you

    • Replies to S Pressler>

      Comment by AdamH posted on

      S Pressler - I’m sorry to read of all the issues you have had re the boundary/neighbours but it’s not something we can really help you with. It’s very much legal advice you need here re what rights/options you may have
      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 discussed but it's still legal advice we would recommend

  507. Comment by John M posted on

    As part of an amicable settlement of a dispute over a boundary, we have agreed with our neighbours to transfer responsibility for the boundary fence to them. There is no reference in the title register or plan to who is responsible for the boundary (though we don't dispute it's currently ours).

    What should we do to formally transfer responsibility for the boundary? Is there a way to register the responsibility change, or a need to do so? Or is it enough just to have a letter on file, in case of any future questions?

  508. Comment by Diane Keller posted on

    Half of the fence at the end of our garden has blown blown down. On the other side of this is a meadow. We have said we are willing to erect a new paddock style fence (by a reputable builder) so we get a nicer view but the person who owns the meadow claims the fence is his (since the previous owner of his home erected it) and he doesn't want a lower fence there as he objects to anyone 'gauping over his land'. He wants to replace the rotting posts and then put the old fence back. Do we have a choice in this?
    Any advice appreciated! Thanks

    • Replies to Diane Keller>

      Comment by AdamH posted on

      Diane - very much something for you and your neighbour to resolve. We can’t advise you on it other than what’s in the blog but you could seek legal advice to see whether you can legally challenge the position. If you are looking for wider comment/advice then you could try online forums such as Garden Law where such matters are often discussed.

  509. Comment by Nicole posted on

    Hi so we have a restrictive covenant in place on our land that states:
    “Covenant by the said Lewis Ellis for himself his heirs executors administrators and assigns to erect a boundary fence along the north and west sides of the said plot of land firstly thereinbefore describes 5 feet in height at least or above the surface of the land adjoining the same and would thereafter maintain and keep the same fences in good and substantial repair and would allow the owner for the time being of the adjoining land to have the free use of the said walls or fences for the purpose of affixing nails hooks and fastenings thereto or for any other reasonable purpose provided he cause no important injury thereof.
    NOTE: the northern and western boundaries of the land in this title form the whole of the north and part of the west sides referred to respectfully. Cemetery road is one of the roads referred to. “

    I’m unsure what this means, does it mean we have responsibility of looking after the north and west boundaries. And does north and west boundaries mean north and west on a compass or as in when look at the property/out from the property. Thanks!

    • Replies to Nicole>

      Comment by AdamH posted on

      Nicole - it’s really legal advice you need here to understand what your legal responsibilities are
      The covenant is a personal one, rather than restrictive, as he covenanted to do something rather than not to do something. Conveyancers would often include such personal covenants in with restrictive ones and as such they appear in register entries referring to restrictive covenants.
      Whether you are now legally responsible for maintaining the same fencing is likely to depend on whether on each subsequent sale the purchaser agreed to be bound by it. That’s where your legal advice would come in but do remember the restrictive ones are binding.
      As far as north and west go as a rule of thumb you’d go by the north point on the title plan.

      • Replies to AdamH>

        Comment by Nicole posted on

        Thankyou I will do, the issue is the wall to next door (the north wall) retains next doors land and is collapsing. I’ll have to get some more advise. Thanks

  510. Comment by AdamH posted on

    Kath - none I’m afraid other than I would suggest seeking legal advice. If you are looking for wider online comment or advice then try online forums such as Garden Law where such matters are often aired

  511. Comment by Eileen posted on

    I have a dispute with my neighbour. He as erected a fence while I was incapacitated. There is a boundary wall from his property that was put in buy the builders for the 1st tenant. The wall stops approx 21 " from my property.

    The previous tenant put his fence inside his boundary wall but the present one as gone the shortest distance which was to put the part of his fence to the otherside of his boundary wall and dug earth away on my property to accomodate his fence. Two of the fence posts are on my property.

    Can I insist he removes them from my property.

    • Replies to Eileen>

      Comment by AdamH posted on

      Eileen - we can’t advise you on your rights here and I’d recommend you seek legal advice. If you are looking for wider online comment then try public forums such as Garden Law which can be useful resources

  512. Comment by Madge posted on

    With every amendment to the properties the boundary line is being moved further onto my land my my neighbours - from this blog my understanding is that this does not constitute the actual boundary but an approximate? The problem is he has built a wall on what is considered my land (easily seen in places where the old original pillars are in place, wall is on my side). I am concerned that if I don't complain and challenge this, it becomes the deficit boundary, where the original deeds (divided property) shows the boundary against his barn , it's now crept into the middle of the track. Also he is using my property name on the latest modification planning application submitted (xxxx barn, my property being xxxx), but I also have a barn with full planning permission. His property is registered per deed as the property adjoining xxxx). What can I do about this as it causes confusion for visitors, deliveries, postmen etc and is very annoying. He will not discuss with us and refuses to even greet us, so cannot try to resolve amicably. Is my only option the law?

    • Replies to Madge>

      Comment by AdamH posted on

      Madge - essentially yes as if you can’t resolve it between you then it’s only a court that is likely to be able to arbitrate on matters. I’d recommend you get legal advice and go from there

  513. Comment by Scott Moore posted on

    We moved into a property in 2018.
    Our neighbor has a garage that is right on the fence line between our properties.
    The garage was built possibly 15 years ago.
    However, the fence line clearly has a bend in it where the garage is. From an aerial view, following the fence line from the very front of our properties to the very rear, it would pass through our neighbors garage by about 50 to 60cm.
    I haven't checked the deeds yet to see if the boundary had been encroached by the garage, but is there a time limit in which one could complain? The garage has been there for 15 years...
    Thank you
    Scott

  514. Comment by NICOLA ROWLAND posted on

    My house is on a corner. Am I automatically responsible for borders all sides?
    My neighbour on left (as you look out of the house) had a tree which cracked the adjoining retaining wall. He acknowledged and cut it down. 2 years later the crack is much worse. I am asking of I am am obliged to pay for repair of the wall that was damaged by his tree?

    Any help on this is much appreciated.

    • Replies to NICOLA ROWLAND>

      Comment by AdamH posted on

      Nicola - there’s nothing automatic re such matters and as the article explains it’s really down to a mix of information as well as understanding and wants of each neighbour that prevails.
      The real issue is the tree/crack and the legal impact of actions taken to date. I’d suggest you get legal advice

  515. Comment by Sam Sosa posted on

    Myself and other neighbors have an allotted parking dispute. Our parking area does not have bays or numbers marked has been confusing for all. I have the original land registry and deeds at hand for the property I live in, however one of my neighbors has a copy of theirs which isn't as detailed as mine and my next door neighbor's, which has made it confusing as to whom's parking areas who's. Is there someone who we can get in touch with to help clarify the parking bays?

    • Replies to Sam Sosa>

      Comment by AdamH posted on

      Sam - I’m afraid not. We can supply the registered information but we can’t then look at that and explain who can use which bay for example. I’d start with the registered details for each and go from there. Other information may help understand wider issues/history but it reads more a case of who thinks/wants what and that can complicated matters.
      I’d suggest identifying a conveyancer/surveyor to take a look and offer an independent view that you can all accept/rely upon

  516. Comment by ElizabethF posted on

    I have a property which was built in 2017 and the Land Registry title plan shows the property and the land behind it (parking). A nearby house (purchased in 2001) is in the process of being sold and the owner has sent me a conveyance document from 1977 (not his then) showing a right to park on the land registered as mine when the house was constructed. I'm guessing as he's relying on this historic document that his own conveyance document of 2001 doesn't mention this. Is he correct please? Thanks

    • Replies to ElizabethF>

      Comment by AdamH posted on

      ElizabethF - we would rely on the registered information for both properties to confirm rights etc. If someone is claiming a right exists, but it’s not registered, then it’s really legal advice/assistance you need here to understand the claim from a legal perspective or to challenge it.
      The latter tends to cone from a position of ‘Understood but neither registered title refers to the right so if you are claiming it as being a legal right then you should look to get it registered’
      The registration requirements for rights (easements) are explained in our Practice Guide. But it’s legal guidance you really need here
      https://www.gov.uk/government/publications/easements

      • Replies to AdamH>

        Comment by ElizabethF posted on

        Thanks for your quick reply!

  517. Comment by Andrea Aston posted on

    hi there
    I am in desperate need for some answers .

    My partner, has been living in his house for over 30 years.
    years ago he had the offer to buy the little land in front of his property
    where there is a ditch included .
    As its his property is he aloud to pipe and fill it. Or does he need building permission ?

    hopping to get a reply
    Andrea

    • Replies to Andrea Aston>

      Comment by AdamH posted on

      Andrea - it’s legal advice you really need here, we can’t advise you on your rights for example. If you are looking for wider online comment then I’d suggest trying online forums such as Garden Law where such matters are often discussed and aired. You may need to provide more details though such as does he own it, what’s the ditch for and more

  518. Comment by Andrea Aston posted on

    thank you very much
    Andrea

  519. Comment by Vanessa posted on

    I live in a terraced block of housing with a broad sweeping, unmarked but tarmacked driveway stretching across all the houses. The property was bought from a housing association, indeed I think all but one or two of the 7 houses are now privately owned. I was told the boundary lies along the build lines of the terraced block - does this extend to the driveway area? I'm having a lot of difficulty with my neighbours who insist on parking both their cars in front of their/my house which often means I can barely squeeze onto my own driveway. Essentially each house has one generous parking space. Am I legally able to mark out my driveway in some fashion? Or, because when originally built it was probably considered 'communal' by the housing association, would I be assuming ownership of a space that was never formally marked out? The housing association won't advise and I'm getting very frustrated by my neighbours' lack of consideration.

  520. Comment by D. Prescott posted on

    I wonder if anyone would be able to tell me where I stand on ownership of a piece of land (part of our garden) that was fenced off as part of the newly built house we bought from a private builder who owned the land at the time.
    This builder built the house and fenced all the boundaries over 20 years ago when we bought it. The land on the other side of the fence has now been sold for housing and the new builder says that according to his deeds the land he bought comes 4 metres in to our garden. Our deeds clearly mark the land as ours but doesn't give any precise measurements. We never looked into the boundary fencing as it was all done by the time we moved in. As far as we were concerned the oringinal landowner/builder had measured the land and had fenced it off accordingly. As this was over 20 years ago can the new landowner dispute it? Also he only lives across the road and has always seen it as part of our garden for this whole time!

    • Replies to D. Prescott>

      Comment by AdamH posted on

      D Prescott - it’s legal advice you need here on a complex area of the law. Our Practice Guides 4 and 5 explain the registration requirements if there’s a claim of ownership to be made.
      https://www.gov.uk/topic/land-registration/practice-guides
      If you are looking for wider online comment then onl8ne forums, not blogs, such as Garden Law can be useful resources

  521. Comment by Kerryn posted on

    Hi Adam
    When I bought my property 2 years ago, the previous owner showed me where the boundary lay, explaining that the neighbour had put up a fence on this side of their own tree, near a ditch on my land, then my vendor (approximately 20 years ago) put up some willow trees to assist with drainage along the ditch, he then put up another small fence to keep his pigs from destroying the trees. There are now new neighbours who are saying that not only are the trees theirs and on their land, but that they also have joint resposibility for the 2nd fence that was erected and if I wanted to change it I would need to ask their permission. The have got a RIC's surveyor involved who has said in his opinion the boundary is the line marked in blue and not in green (the original fence), but they don't have all the facts and also, when I was looking for a surveyor to buy this property, this particular surveyor refused as he said he had a falling out with my vendor. Luckily I have some historic photos from my vendor, one of which shows only the first fence in place in front of the tree (which they had cut down 6 weeks ago). Would this be enough to prove where the boundary lies or even an easement if nothing else?
    On Tuesday night I received an email from the neighbour saying they owned it and were removing it shortly. I asked for evidence of this and until they provide and my solicitor confirms to not proceed with any works or I would call the police. They said that my solicitor could request it if I wanted it and then at 9am yesterday they started tearing it up. we called the police station, who sent officers down and told them to stop until it's sorted out. I have 2 children under 4 and I'm worried that this could cost me a fortune in solicitors fees, any advise to help speed this up would be greatly appreciated.

    • Replies to Kerryn>

      Comment by AdamH posted on

      Kerryn - it’s legal advice you need here. You already understand how such things rely on a much wider understanding of what has happened over the years and what variety of information, nit just the registered details, can impact.
      We can’t offer anything more to what you already have and know it seems. If you are looking for wider online comment then online forums, not blogs, such as Garden Law can be useful resources. However it’s really a matter for you and your neighbour to resolve and if you can’t and they have involved a solicitor and surveyor, and the police have been involved, then your next best step is to seek your own legal advice before doing anything else.

  522. Comment by Ian posted on

    Morning. We have a double garage that lies next to a strip of land bordering neighbours drive which they have always said is theirs (borders right up to our driveway). The boundary outline (in red on our plan) we think shows the garage roof edge as being the boundary ( our guttering and soffits extend from our garage wall by a foot or so) rather than the wall. Is there any way of knowing which is the correct boundary- wall edge or roof edge?

  523. Comment by ben posted on

    Hi,

    We have a retaining wall between our boundary and the 3 houses adjacent to us, we are on the higher ground, the wall id roughly 30m long and on average 1.5m high, it is stone built and forms the lower houses rear garden wall and boundary, and as such retains our drive way and small patio area.Part of the wall has collapsed so we now have the isssue of who owns it and who is responsible for its maintenance. Our deeds have no details at all and nothing is shown on the land registry drawing. I have seen one neighbours deeds with show a T on our drive indicating it its our wall, but after speaking to my solicitor he says the T is meaning less withour reference to it my neighbours title deed, there is no such reference, the solicitor also points to our property being built long before the land was cut to form a lower level some time before the houses on there were built, stating the need for the wall wasnt created by our property, any help would be greatly appreciated.

    • Replies to ben>

      Comment by AdamH posted on

      Ben - there’s not much we can advise on here as the article covers it; you have the registered details; and you’ve sought legal advice.
      How important the covenant/T Mark and no mention on the neighbours’ titles depends on how you all view/interpret that information. And how you all want to deal with things going forward.
      If you are looking for wider comment or advice then online forums, not blogs, such as Garden Law can be useful resources but it still comes back to you and your neighbours and the specific wall.

  524. Comment by Ben posted on

  525. Comment by Usman posted on

    Hi, I purchased a house in September 2017. The house was semi detached, but the adjacent was dropped to build a through road to the newly build flats behind the properties, so now it’s a detached house. The previous owner built a fence around the property in 2014 (which was built on the other parties land) and an annexe (partly built on their land). Both are around 1 metre on their land. Now last month I got an email and letter from their solicitor saying I need to move the fence so that it’s not on their property at my cost. No mention of the annexe though. I am the owner of the property but did not build the fence or the annexe. Where do I stand with this?

    • Replies to Usman>

      Comment by AdamH posted on

      Usman - it’s legal advice you need here as to what your rights and theirs too might be. We can only supply the registered information which you already have

      • Replies to AdamH>

        Comment by Usman posted on

        Hi Adam, thank you for the fast reply. Is it advisable to go back to the solicitors we used to purchase the property? Can you recommend any company? The property is based in High Wycombe

        • Replies to Usman>

          Comment by AdamH posted on

          Usman - they could help but it’s really the here and now that matters. We can’t recommend anyone I’m afraid.

  526. Comment by Mark posted on

    I have a hedge at the bottom of my garden that backs on to a farmers field. There is a covenant that contains a clause in respect of my obligations to erect and maintain a fence between my land and the field.
    The farmer is saying that there is a clause with the Land Registry documentation stating that I must erect and maintain a stock proof fence - although I haven't seen this clause.
    Is a hedge a type of fence?
    Is there a case where this has been defined?
    The farmer is now saying that the fence must be suitable for his needs and it is my responsibility to build fencing.

    • Replies to Mark>

      Comment by AdamH posted on

      Mark - a fence isn’t a hedge. If you are in dispute I’d suggest getting legal advice as to what your obligations might be
      In my experience if a neighbour states something then it’s an idea to just ask them to produce the documents that confirm that or the legal basis for such a statement. Nothing more than that should be said but as mentioned it’s really legal, not registration, advice you really need here

  527. Comment by Angela posted on

    Our property back wall is right on the boundary. Our neighbours have built a shed right against it causing us so damp coming through. We cannot repair the wall as their shed is built up against our house wall. Is there any law that means they cannot put anything up against our wall?

    • Replies to Angela>

      Comment by AdamH posted on

      Angela - one for a conveyancer to answer rather than us as it’s legal advice you need. If you are looking for wider online comment then I’d suggest trying online forums, not blogs, such as Garden Law and Money Saving Expert to name just two

  528. Comment by Georgie McCarthy posted on

    My mother lives in a semi-detached house. Between the 2 houses is a brick wall of approx 3m followed by a fence that separates the 2 gardens. There is nothing registered in LR as to which property owns the wall. Can one assume that the default position is that the boundary falls down the middle of the brick wall? The neighbour wishes to build an extension and thinks they can knock the wall down and rebuild. I have said that this is the party wall (because I am assuming its owned by both parties by default) and they need consent from my mother to do that. My mother will not consent to this because she has long established plants attached to the wall that she does not wish to disturb. Does my mother have rights to refuse knocking down the wall? Thanks for any advice.

    • Replies to Georgie McCarthy>

      Comment by AdamH posted on

      Georgie - it’s legal advice you need here as to what rights you each may have and what legal assumptions might be made. If you are looking for wider online comment or advice then try online forums, not blogs, such as Garden Law and Money Saving Expert
      Whilst we can provide the registered information we can’t provide the wider advice you need here

  529. Comment by Georgie McCarthy posted on

    Thanks, that's fair enough.

  530. Comment by J Lees posted on

    hi our local council has moved a boundary that existed between their land and my father's. They moved the boundary to be the wall that my father had on his property that was defined on his deeds as the face of which was his boundary (the council boundary was previously a wall adjacent to this wall - with a small parcel of land between). No discussion/interaction was carried out by the council to agree this and subsequently my father has been informed by the council that he has contravened the Party Wall Act and is being asked to pay reparation damages. There was a gap of several years between their undisclosed change to the boundary and my father's perceived contravention. Does my father have a case to stand up to this - the bill that is being levelled at him is over £10,000 and the council and previous owners (Church of England and local education authority) have neglected drainage works on this land for several decades to the extent that damage has been caused to my father's property and land.

    • Replies to J Lees>

      Comment by AdamH posted on

      J Lees - very much legal advice you need here and we can’t provide that. If you are looking for wider online comment or advice then try online forums such as Garden Law

  531. Comment by CES posted on

    Hi there
    We purchased land in two parts - the previous owner used and maintained a small strip of land which connects the two pieces for 24 years to get from one piece of land to the other and believed she owned it and that the land registry title was wrong.
    Currently (according to the land registry title) the strip of land belongs to our neighbour, but it is is a clear walkway from one piece of our land to the other, with a hedge one side and a barbed wire fence the other side.
    If we were unable to use the strip, we would have to walk onto the road and around the strip to access our land. Our new neighbours are insisting the land is theirs as per the land registry and will only give us a 'gentleman's agreement' that we can use the strip and they want to remove the barbed wire fence and re-fence to reflect the land registry boundary.
    What are our options here please? What are our chances of being successful if we apply for adverse possession? Or could we enforce them to give allow us a right of way as it has been used unchallenged for so long?
    We are worried that if either party wishes to sell their property then this 'gentleman's agreement' would cease to continue and we would lose access to the crossing strip.
    Thank you.

    • Replies to CES>

      Comment by AdamH posted on

      CES - we can’t advise you on this as it’s legal advice you need as to whether you have a legal claim/rights and whether your neighbour does too.
      If you are looking for wider online comment then online forums, nit blogs, such as Garden Law can be useful resources but it is very much legal advice I would recommend here

      • Replies to AdamH>

        Comment by CES posted on

        Thanks AdamH, we plan to seek legal advice but just wondered if anyone else might have ideas. Thank you 🙂

  532. Comment by martin posted on

    we are just purchasing a house which was built as one of 3 on a plot of land back in 1982.
    on the title deeds a small triangular bit of land has been taken out of our plot - it has a separate title number and we purchased the title deeds for it thinking it would be part of our neighbours plot,however it doesn't belong to them,it belongs to the previous owners who left in 2004.
    The boundary fence runs alongside one edge of the triangle in a straight line dividing the two gardens as you would expect - effectively the full patch is in my garden.
    i don't believe anyone except me will be aware of this issue as its over 16 years since the rightful owners sold up.How can I claim this title so that if I sell in the future it isn't a problem?
    Is it an easy process?

  533. Comment by Ionel Petcu posted on

    Dear Adam
    Please help me. I have bought a 1st floor maisonette resulted from a 3 bed semi detached house conversion. At that time I didn't know what is the story with the boundaries/deeds and so on. Unfortunately I have found out the hard way 2 years later when I had to re do 30 odd meters of fencing as apparently mine. I also had the ground floor landlord start using the side alley after his tenants moved out. This alley was and is gated as it's the access to my front door. It's also leading to their garden gate and for whatever reason a side door(rubbish design). Do I have to allow the neighbour to access that even though he didn't pay a penny for the fence/gate/labour? Can I claim that in any way? Can I buy it of him and add it to my deed?

    • Replies to Ionel Petcu>

      Comment by AdamH posted on

      lonel Petcu - we can’t advise you on your rights here so I’d suggest you speak to a solicitor. If you are looking for wider comment online then forums, not blogs, such as Garden Law can be useful resources for ideas but it’s specific legal advise you really need

      • Replies to AdamH>

        Comment by Ionel Petcu posted on

        Adam

        Thank you very much.

  534. Comment by Dan posted on

    Hi.
    Few months back i buy terraced property on 2 floors. I started refurbishment, mostly inside. Now one man say he's owner neighbour, on abandoned houses next to my house, he claims that i take part of his yard, i show him the title plan from LR, but he don't believe it..
    I buy the property like that, but he clam that will go on court and look for compensation. I see the official title plan and is right.
    This happen 3 days ago,.. Thx Dan

  535. Comment by Charles Chanter posted on

    Dear Adam,
    My daughter purchased a property which had a dilapidated fence boarding a watercourse and unregistered land. About 4 years after moving in she replaced the fencing (it complies with pp directives) and then received an enforcement notice from the council to say the garden curtilage had been extended and she needed to apply for pp to do so. A company of land surveyors looked at the garden historically and presented the council with a report to say no breach of planning rules had occurred but unfortunately the enforcement officer doesn’t accept this. The portion of land they dispute is held by by daughter under a 999 year lease from the 1930’s but it has come to light that this has never been registered, she is applying to Land registry to rectify this.
    What are your thoughts on the council’s stance in this.
    Thank you

    • Replies to Charles Chanter>

      Comment by AdamH posted on

      Charles - none as we can’t and don’t offer a view. We register titles and general boundaries but it reads as if it’s a case of understanding and discussing the legal position for both you and the council.
      If you are looking for online views then I’d suggest trying onl8ne forums, not blogs, such as Garden Law and Money Ssving Expert

      • Replies to AdamH>

        Comment by charles chanter posted on

        Thanks Adam, the conveyance solicitor is going to submit an application to register the lease with LR so we will have to wait and see how the council respond.

  536. Comment by alan fraser posted on

    Can amenity land, in a private housing estate, that comes under 'to be maintained under Deed of Burden' be included in any of the garden land shown in an owners land register.
    e.g ( house then garden then, a council adopted footpath--then, a piece of grass land, all shown in land register)--- then, main road?
    its the 'piece of grassland' that is in question.

    • Replies to alan fraser>

      Comment by AdamH posted on

      Alan - if it was included within the transferred/registered extent then yes. Whether that was the intention is another matter but if it was transferred then it would be included.

  537. Comment by Alan Fraser posted on

    Thanks Adam,
    The house, back and front garden with, footpath and additional piece of grass were shown on the original Land register.
    If I read into your answer correctly, the ‘piece of grass’ is part of the amenity and therefore should be managed under 'deed of burden' by the 'Feuars' ( Fuears no longer applies in Scottish law but the 'Deed of Burden' still applies to the 140 Land Owners Association).
    If that be so, does all the land shown in the area on the land register of each property be an ' amenity' and the 140 Land Owners Association become responsible for all land within each piece of property not just individually but as an Association?

    • Replies to Alan Fraser>

      Comment by AdamH posted on

      Alan - if it’s in Scotland then you need the Registers of Scotland. We deal with England and Wales

  538. Comment by Stuart Baynes posted on

    Hi,
    the official copy of Register of Title states that:
    "The Purchaser Hereby covenants with the appointer.
    (a) to erect and for ever after maintain good and substantial fences along the Southern and western boundaries of said land"

    However I have a copy of the transfer of title from 28 May 1965 that states: "the transferees shall at all times hereafter maintain good and sufficient boundary wall or fences on the sides of the property hereby transferred which are marked with a T inside the boundary"
    The T marking is on the Northern and western boundaries

    Which is correct?

    • Replies to Stuart Baynes>

      Comment by AdamH posted on

      Stuart - both if the register and Transfer refer and the latter relevant to the same title. Such a covenant can be made at any time and the key thereafter is whether they are legally binding on a later owner.
      So the Q needs to look at the age of each covenant, who was involved and whether subsequent owner(s) are still bound by the specific covenant. The details quoted won’t confirm that for you so I’d suggest looking for more and seeking legal advice if unsure/in dispute over who is responsible for which boundary

      • Replies to AdamH>

        Comment by Stuart Baynes posted on

        Adam,
        The transfer of title in 1965 was from the estate builder to the first owner. The plan that accompanies it was not drawn North pointing up so it looks as if someone has misinterpreted the drawing in the written register. How can this be confirmed?

  539. Comment by D winn posted on

    I have an Ex police house, we are the last in a row of 4 onto a cross road and the old deeds show that the collection of properties had contained the small corner of land at the end adjoining my house...

    When the houses were split up why has the council assumed ownership of this land ?

    Can I claim it in some way because it is on the old deeds? Who is likely to have the information about splitting the properties up and any transaction of land I have most of the documents from the sale of land for the housing estate and police usage etc and then skips to sale of the house and boundaries as they are without the chunk of land on the end,

    There's a path in the middle and the council won't let me 'purchase it even though there's a path on the other side also contouring the road.

    • Replies to D winn>

      Comment by ianflowers posted on

      It's unlikely that the council have simply assumed ownership of the land. It's more likely that they have legal title to the land and for whatever reason this land was not included in the ownership of any of the individual houses when they were split up. So you wouldn't be able to claim ownership simply because it was included in an old deed.

      If the land has not been registered with us for the first time, we wouldn't hold any information and so you'd need to make further enquiries with the council regarding their basis for claiming ownership. If the land is registered, the council should be able to provide the title number and you can then purchase the title register for £3- https://www.gov.uk/search-property-information-land-registry. The register shows the current registered ownership and may give an indication of the ownership history.

  540. Comment by TM posted on

    Hi - Hopefully a simple question. I am selling a flat and on the Property Information Form need to provide details of boundaries. I have no idea! Its a ground floor flat with 2 above and there is a small patio for each flat at the back which then leads onto the overall main garden which can be accessed by public too. I don't think the purchaser will have any responsibility to maintain boundaries etc. Its leasehold flat so the managing agents and landlord manage maintenance. Have I got it wrong? Thanks very much. Kind Regards. TM

    • Replies to TM>

      Comment by AdamH posted on

      TM - the Property information form isn’t one of ours so in my experience it’s one for you to complete based on your own understanding only. So you’ve answered it with the “I have no idea” although I think most put Don’t know or No depending on how the Q is worded

      • Replies to AdamH>

        Comment by TM posted on

        Thanks very much for your swift response. Appreciated.

  541. Comment by Paul Harrison posted on

    There is a 215mm brick retaining wall along a boundary which is flush on one side. The top part of the wall is visible from both sides but the majority is not as it is buried on one side. Retaining walls become wider with height -330mm/450mm etc. How would the OS indicate this wall on a map as the centre line of the wall would differ along the height of the wall?

    • Replies to Paul Harrison>

      Comment by ianflowers posted on

      Paul - The following information is taken from our published guidance which may be of use: Generally the Ordnance Survey map shows features more than 30cm high such as walls, fences, hedges or building outlines by firm black lines. Utilising their standard surveying and mapping processes, it is not possible for Ordnance Survey to replicate the exact position of each physical feature on the ground. The degree of variation between the ‘real life’ position and that recorded on the map is known as the specified accuracy tolerance. This will mean that measurements scaled between features shown on Ordnance Survey mapping may not exactly match the actual distance measured between the same features on the ground. Different levels of accuracy apply dependent on the scale of the map and the original survey method used to create it.

      Section 3 of our guide - https://www.gov.uk/government/publications/land-registry-plans-the-basis-of-land-registry-applications/land-registry-plans-the-basis-of-land-registry-plans-practice-guide-40-supplement-1 goes into more detail about OS plans' accuracy and tolerances.

      If you require further information on OS detail, you'd need to contact Ordnance Survey or an Agent directly.

      • Replies to ianflowers>

        Comment by Paul Harrison posted on

        Thanks Ian. I understand and appreciate the points you are making - thank you. I understand the the OS generally measure to the centre line of boundaries (eg fence/wall) and it is these lines that are recorded on OS maps. This is obvious if a wall is freestanding but less obvious if it is a retaining wall whose thickness may not be apparent particularly lower down. Talking to someone who used to work for the OS, retaining walls are/can be measured to the visible face and recorded as such rather than the centre line which can be indeterminate. I presume the OS has a set of rules for such eventualities but I cannot find anything on their website. My query relates to older OS maps. I just wonder what the experience of others might be?

        • Replies to Paul Harrison>

          Comment by ianflowers posted on

          Paul - You're welcome. There will be limited opportunities to get others experience here as it's essentially a comments page. You could try online forums such as Garden Law or one specifically for OS Maps.

    • Replies to Paul Harrison>

      Comment by AdamH posted on

      Paul - you’d need to ask OS. Our Practice Guide 40 series of supplements may help re a boundary on a plan also. https://www.gov.uk/topic/land-registration/practice-guides

  542. Comment by Paul Harrison posted on

    Thanks - as both of you appear regular contributors and this is a government website, I assumed you both worked for the OS?

    I understand the various potential inaccuracies of OS maps. It was more of a general question about boundaries where there are retaining structures between two parcels of land.

    I understand OS maps generally measure to the centre lines of boundaries, eg fence/wall and this is what is recorded on OS maps.

    If a boundary wall is a retaining wall whose thickness could easily be indeterminate then speaking to someone who used to work for the OS, then the face of the wall is that which is recorded. I assume that the OS has some rules with regard to such matters.

    I just winder if either of you had any knowledge

    • Replies to Paul Harrison>

      Comment by AdamH posted on

      Paul - we are both HMLR and this is one of our blogs.As such you won’t get too many comments from anyone else as it’s not a public forum for example.
      If you are looking for wider comment then online forums such as Garden Law can be a useful resource
      But only OS could tell you what their measuring/survey rules are
      Our knowledge will extend to the guides I linked you too previously.

  543. Comment by Marie-Louise Morley posted on

    Hi there
    We would like to landscape our front garden but it appears that a strip of the garden and drive is owned by the council - ie the edge of our drive and side of our garden that runs parallel to and next to the road. There is no kerb. We had not realised this when we bought the property. A neighbour of ours had the same problem but sorted out his boundary with his surveyors (I think) at the time of purchase. Our surveyors did not raise this as an issue with us so we had not realised this until now. Who do I speak to about claiming or asking to buy this strip of land so we can sort out our front garden. Any help would be appreciated. Thank you!

    • Replies to Marie-Louise Morley>

      Comment by ianflowers posted on

      Marie-Louise - Hi. If you wanted to ask about buying the land, then you'd need to explore that with the council concerned. Seeking to claim the land, i.e. by possession is a complex area of the law and you may want to consider seeking independent legal advice before proceeding down that route. The Royal Institute for Chartered Surveyors (RICS) have a helpline for boundary issues which may be of interest to you.

      • Replies to ianflowers>

        Comment by Marie-Louise Morley posted on

        Hi Ian thank you so much for your speedy response. I agree with Paul Harrison above - this services is amazing. Do you know what Council department I should approach?

        • Replies to Marie-Louise Morley>

          Comment by ianflowers posted on

          Marie-Louise - You're welcome. You could try the Property and Assets Management department if they have one or possibly the Planning department.

  544. Comment by Paul Harrison posted on

    Thanks - I did not mean to send the same query twice but was not sure if the first one sent. Really weird that a government website sends such quick responses, normally queries disappear into the proverbial black holes and you get a response may weeks later!

  545. Comment by Ray posted on

    My property is situated next to a house which is on a very small private estate. My house is in one road and the house next door in another on the private estate. The Land Registration quite clearly shows where the private estate road begins, however some of the residents in the private estate are now trying to say that their road begins much sooner taking in some of the road in which I live and outside a part of my property. Is it possible to find out the exact 'invisible' boundary separating the two roads? Would appreciate any advice. Thanks.

    • Replies to Ray>

      Comment by AdamH posted on

      Ray - unlikely for the reasons set out in this blog and the linked Practice Guide 40 series of supplements
      https://www.gov.uk/topic/land-registration/practice-guides
      If the titles are registered and ‘much sooner’ reads as if that’s a significant distance id expect the title plans to resolve. However if they don’t then it’s really legal advice you need from here

      • Replies to AdamH>

        Comment by Ray posted on

        Many thanks for your swift reply Adam.

        Yes 'much sooner' in my message does mean a significant distance.

        Can title plans be obtained online and should the title plans show where one road ends and the other begins?

        • Replies to Ray>

          Comment by AdamH posted on

          Ray - vast majority of title plans are available online. They’ll show the Ordnance Survey detail available at time we added the red edging.
          That edging shows the general boundaries of the registered extent only. It won’t show where one road ends and another one starts but the title plan(s) (if any) for the road(s) would confirm those registered extents.

          • Replies to AdamH>

            Comment by Ray posted on

            Thanks for that and I shall report back.

  546. Comment by Natasha Ross posted on

    My partner and I have just moved into our first home, our driveway is next to a shared driveway, half of the drive has a brick wall between us and the shared driveway, the front of the driveway is left open. We would like to put up a low fence between the open part of the driveway and the shared driveway, only a low fence to distinguish between our boundary and the shared one, we have a problem with people driving over our driveway near to our cars and using it is a cutover. Do you think we would be allowed to erect a low fence ? It would be on our boundary, in line with the brick wall. Many thanks

    • Replies to Natasha Ross>

      Comment by AdamH posted on

      Natasha - not something we can advise you on and I’d recommend seeking legal advice if uncertain as to your rights. If you are looking for wider comment then try public forums such as Garden Law and Money Saving Expert where others may comment and offer a view

  547. Comment by Debbie posted on

    Hi- we bought a semi detached 2 years ago. The wall between the two properties at the back of the house encroaches onto our part of the building by a metre. Meaning we occupy that area internally but the neighbours occupy that area externally. This is not the case at the front-the dividing wall is accurate to the roof line and internal space occupied. We do not know how long the wall has been built but wish to move it to reflect appropriate boundary. Any advise on how to demonstrate mis placement of the wall to the neighbours?

    • Replies to Debbie>

      Comment by AdamH posted on

      Debbie - not something we can advise you on. It reads as if it’s something you and the neighbour need to discuss and agree. If they don’t you may have a tough ask.
      Legal advice is warranted to clarify if it is a misplacement etc as what’s been built is likely to count more than a roof line.
      If you are looking for wider comment/advice then try public forums such as Garden Law which can be useful resources. But remember you, your neighbour and boundary are all unique so what works for others may not work for you

  548. Comment by Kelly posted on

    Hi, wondering if anyone can help. My parents moved into a property a few years back and have had no end of trouble from their neighbour. My father went round there to advise the neighbour that he intended to replace an old fence that divided their properties. My dad proposed to pay all costs and labour so there was no mention of who owned the boundary at the time. Weeks after the job was done the neighbour decided the original fence that my dad removed was his and my dad has erected it 2 inches further into his garden. The man is desperate to claim the fence as his and move it. Any help?

    • Replies to Kelly>

      Comment by AdamH posted on

      Kelly - you really need legal advice here. But if you are looking for wider comment then it’s public forums you need rather than our blog. Try Garden Law or Money Saving Expert where this type of thing is often aired/discussed.

  549. Comment by ray ward posted on

    We have just sold our mothers house as part of her estate, the solicitors involved in the sale are saying that we have to register, with HMLR, a 3 foot high front garden wall built in 1968, on the front boundary line, for the sale to go through,

    It is not a party wall. This doesn't seem correct.

    They are saying it will cost £95 and will take up to 65 days months

    • Replies to ray ward>

      Comment by AdamH posted on

      Ray - we register land, not walls so best to ask them to clarify matters for you

  550. Comment by IanR posted on

    Hi. A most useful blog! A small group of neighbours have agreed elements of a boundary agreement between properties which we wish to register with LR to sit alongside the respective LR entries. We have agreed a boundary line with supporting professional survey and maps, etc. but some would like to include an agreement regarding maximum hedge heights of hedges that sit just inside the agreed border (ie they do not form the border). Can such agreements on hedge heights form part of a boundary agreement? I assume such agreements would fall under personal covenants and could be set aside at a property resale? We are using LR form AP1, currently without solicitor input. TIA

  551. Comment by Anna Johns posted on

    We are trying to buy 1980s former vicarage facing a disused burial ground. The property is on the market for the first time and is owned by a different church entity to the churchyard. The house Deeds do not describe the land and the Land Registry map is 'general'. The Vendor says we don't own any land between us and the burial ground; other maps online show we could have a little land. Each of the rooms on the church-facing side have windows opening onto the burial ground. Can they refuse to consider 1980 Building Regulations in regard to the windows opening and refuse to Determine the boundary as requested?

    • Replies to Anna Johns>

      Comment by AdamH posted on

      Anna - Qs for your conveyancer and not us I’m afraid. Very much legal advice you need here

  552. Comment by Katarzyna Matty posted on

    Hi my utility room is our boundry from neighbour, he lifted soil around 30cm high is any regulation that it need be ground level and how far back from the wall without drainage and securing wall.

    • Replies to Katarzyna Matty>

      Comment by AdamH posted on

      Katarzyna - it’s legal advice you need here. If you are looking for wider comment then try online forums, not blogs, such as Garden Law

  553. Comment by Moto posted on

    Hello.
    We received a note from nextdoor neighbor yesterday saying that he would be taking down the fence as he thinks our pond is in his garden and it wouldn't be put back until we moved the pond.
    The fence was never taken down when we bought the property and built the pond.
    We are really shocked to receive such a notice and upset. We have never had problems with him in the last 10 years!
    What is the way forward to solve this issue?
    Thank you.

    • Replies to Moto>

      Comment by AdamH posted on

      Moto - it’s legal advice you need here. If you are looking for wider comment then try online forums, not blogs, such as Garden Law

  554. Comment by Moto posted on

    Thank you, Adam.
    Moto

  555. Comment by Paul posted on

    Hello
    We are in the process of purchasing a house and have been made aware of a discrepancy in the boundary on the title plan compared to the reality on the property itself. Ordinance survey maps are correct but unfortunately the title plans are not. The title plans for the neighbouring property are also incorrect but I note there is a hand written comment on the plan that says there is a discrepancy that the boundary is around 2.5m out.
    Our conveyancer has expressed that this will need to be rectified in order to satisfy our mortgage provider. I was wondering (if I’m making sense) if you would be able to provide a worst case scenario for timescales with updating boundaries with land registry title plans.
    Thankyou kindly
    Paul

    • Replies to Paul>

      Comment by AdamH posted on

      Paul - worse case scenario is the proverbial long piece of string if the title owners are not in agreement.
      If there is an agreement it will be shorter but it all depends on how the titles were registered and the basis for those. OS detail now can impact but hand written notes mean little other than to the person who made them.
      So options to consider are that we mapped each title wrongly or for the land to be transferred/exchanged between neighbours to remedy things. I suspect the solicitor will ask first to see if something was wrongly mapped.
      Best case scenario if the planets align re an enquiry and response is 2 weeks. If an application is made/required then much longer but the solicitor can ask that it is expedited based on the sale/purchase.
      Hope that helps but you are very reliant on the seller and their solicitor here so best to be led by them here

  556. Comment by Steve Taylor posted on

    Hi, our property needs occaisional vechicle access down a neighbours drive for service and maintenance. Originally our house and theneighbours land were combined but the house was sold off separately. The neighbour has always given access but did not see the need to make it formal. He has now died and the land is likely to be sold.

    Assuming his widow is agreeable.
    What would I need to do to establish access as a right even after a potential sale?
    Can this be done without solicitors?
    Thank you
    Steve

  557. Comment by Maja posted on

    Hello,
    We moved into tarraced house with little garden, however there is a bushy land between garden dance and public footpath wich accordingly to the plans from land registry belongs to us. So we start cleaning this land with plans of moving the fance, or rather building new brick one, so we can have bigger garden and lower sounds from the street. However now we are thinking if it’s leagal to bring that part of land to a private garden? Or if we need permition? Please advise. Thank you

    • Replies to Maja>

      Comment by AdamH posted on

      Maja - it’s legal advice you need here as all we can provide are the registered details, which you seem to have. The registered details may include covenants which restrict what you can do so have a look and then seek wider legal advice

      • Replies to AdamH>

        Comment by Maja posted on

        Many thanks. Do you know who provides such leagal advises? Solicitor or special company/agency?
        Thank you

        • Replies to Maja>

          Comment by AdamH posted on

          Maja - both so best to contact a local legal firm and ask them what services they offer.

  558. Comment by DizzyD posted on

    Can anyone advise what distance a stock fence should be erected from a property boundary (in Scotland) ? I have to errect a stock fence but cannot find any information on the distance it should be from my property.

    • Replies to DizzyD>

      Comment by AdamH posted on

      DizzyD - sadly not but try online forums (not blogs) such as Garden Law where some will be familiar with Scottish land/property

  559. Comment by Nehal K posted on

    Hi, a complex issue and was hoping for some advice. I live in a semi-detached property since 40 years. Rear garden fence has been in place since we purchased property (have plenty of historic or photos). Fence is not inline with the shared chimney stack but is correct according to title deed dimensions. We extended 3m to the rear 17 years ago (using fence line which we own according to deeds, minus 5cm) and a few years ago adjacent owner decided to extend 6 meters, provided us party wall notice which we agreed to, however had gone on to build his wall wholly on our side of the fence (plus more), actually had continued our extension wall by an extra 3m (whilst our 3m extension was not initially a party wall), his project is not signed off yet by buildings regulations and is a self build/zero building experience
    We understood his new extension wall (30cm thick), would be half his side/half our side of fence and we no longer have any bedding space where plants used to once live. Sounds crazy but my elderly mother is a gardening enthusiast!
    Do I have a leg to stand on considering we signed a party wall agreement? No plans/drawings were ever provided to us and the telling sign for me is our plot according to title deeds is 25ft exactly whilst next door is 24.11ft, however currently our garden width is lesser than theirs after construction/new wall.

    • Replies to Nehal K>

      Comment by AdamH posted on

      Nehal K - it’s legal advice you need and not registration advice. If you are looking for wider online comment then try forums, not blogs, such as Garden Law

  560. Comment by Barrie posted on

    Our neighbour recently replaced the fence between us which they have responsibility for. The old fence had 3" posts, but the new fence has wider posts and they have been positioned so that the additional width comes closer to our property. This means that we can no longer get our wheelie bin up the path or our child's bike, which we could do before.

    I was sure I'd read somewhere before that if you are responsible for a boundary fence that the fence and the posts should be built on your land and not go over the boundary line.

    Can you please tell me if this is correct, because if it is then that would mean the posts they have been put up have been incorrectly placed.

    It's worth pointing out that to accommodate these new wider posts they have also cut 'notches' out of the slabs that formed our path without asking for permission and we will need to have the old gate altered as it is now to wide to butt up to the new post.

    I know a couple of inches might seem insignificant and some might think I'm being petty, but it's sufficient to mean we can no longer use the path the way we did before.

    • Replies to Barrie>

      Comment by AdamH posted on

      Barrie - it’s not something we can comment or offer advice on and I’d recommend seeking legal advice. If you are looking for wider online comment then try online forums such as Garden Law and Money Saving Expert where such matters are often aired and commented on

      • Replies to AdamH>

        Comment by Barrie posted on

        Sorry, I had thought that you might have known which side of any boundary line the fence posts should be positioned when you are responsible for the fence. Thank you anyway for the quick response and for the suggestions you've made, which I will attempt to follow through.

        • Replies to Barrie>

          Comment by AdamH posted on

          Barrie - it’s really legal advice you need but in my experience these things are usually only resolved amicably if the neighbours can agree. There can be lots of factors involved in deciding what goes where so the wider comments may help but a lot depends on you and your neighbour as it’s your boundary between the two of you

  561. Comment by Carly posted on

    I have recently bought a property and I am aware of the boundaries on my land , to the left of my house at the rear the neighbour has allowed a Bush to overgrow onto my property restricting access to my path, whilst also erecting a shed that also encroaches onto my property reducing the amount of space I have to allow myself to build a shed or other installation. What are my rights and what path should I take to have this dealt with that will not cost a lot of money.
    I have previously asked them to tidy up said Bush without any joy.

    • Replies to Carly>

      Comment by AdamH posted on

      Carly - it’s legal advice you need here or, if you are looking for online comments, then try forums (not blogs) such as Garden Law