Gransnet forums


Not sure what to do so would welcome your views

(18 Posts)
sunseeker Sat 27-Apr-13 14:49:09

About 8 years ago DH built a garage at the end of our drive, when doing so he left roughly 4ft gap from the boundary where he stored things from his business as a builder (cement mixer, ladders, wheelbarrow - which are still there). Because this bit of land is tucked away my DH put down a membrane and covered it with chippings. This morning my brother in law, who is going to do some hard landscaping for me, arrived with some materials so he can start the work next week. When checking the equipment on this little strip of land the adjoining neighbour told him it belonged to his property and the equipment should not be there. (There is a large hedge neighbours side of the piece of land) Brother in law (no shrinking violet) told them in no uncertain terms they were mistaken and the land belonged to my property.

Now my problem is that I don't want to fall out with them (although I have very little to do with them - just say hello over the garden wall), but if I back down and let them claim this bit of land, there is another strip of land also adjoining their property which they may also try to lay claim to.

They haven't yet said anything to me but if they do, should I let them have the land just to keep the peace or, as it were, stand my ground.

Sorry this is such a long post

grannyactivist Sat 27-Apr-13 14:52:50

Helpful advice here sunseeker:

sunseeker Sat 27-Apr-13 15:00:43

Thanks ga, the problem is these are very old properties and the title deeds do not give exact measurements. I know this land belongs to my property because my DH deliberately built the garage away from the existing boundary. The neighbours have made no attempt to claim the land either at the time the garage was built or whilst my DH was still alive.

annodomini Sat 27-Apr-13 15:08:13

If you have used it for eleven years you have a right to claim it as yours.

Greatnan Sat 27-Apr-13 15:21:53

Anno is right but I thought it was 12 years. Possession really is nine points of the law in the case of land usage. Did you treat the strip of land as part of your garden before the garage was built? If the neighbour has never complained before it will be presumed that the land belongs to you.

sunseeker Sat 27-Apr-13 15:27:53

Yes it was part of the garden, and I know the land belongs to me - its just that I don't like to fall out with people.

Thanks for your advice - it has helped just getting it down in black and white - I can't let them take advantage of the fact that I am now on my own

If they do say anything to me I think I will have to try to convince them they are mistaken.

Greatnan Sat 27-Apr-13 15:37:40

Use the correct legal term - adverse possession - that should convince them.

annodomini Sat 27-Apr-13 15:52:43

Elegran Sat 27-Apr-13 15:59:03

Did your husband have to get planning permission when he built the garage? If he did there could be a plan somewhere which shows the strip between the garage and the boundary, or a quote about the regulations re the distance he had to leave.

sunseeker Sat 27-Apr-13 16:05:12

Yes Elegran he did have to get planning permission - I hadn't thought of that - I will look out the plans - thanks

cathy Sat 27-Apr-13 16:29:50

Hi sunseeker It is all in the deeds sweet, The Deeds will show you what land belongs to you and what land belongs to neighbour, try not to upset them if poss, nothing worse than having a problem with neighboursmile

Greatnan Sat 27-Apr-13 16:34:01

Cathy, sunseeker has said that her old deeds do not show exact measurements.

sunseeker Sat 27-Apr-13 17:48:00

Have now looked out the plans submitted with the planning application which show a distinct gap between the garage and the boundary - thanks again Elegran

Elegran Sat 27-Apr-13 19:15:04

Glad to help. Perhaps you should not mention to them that the old deeds are not exact about the boundary, though. The plans you have are quite enough.

Nanban Sat 27-Apr-13 19:40:17

How about pushing back to them and say, by all means if they can show you any definitive paperwork, you will forfeit the land, but until then you assume it is still yours! In the nicest possible way of course.

FlicketyB Sat 27-Apr-13 19:59:50

I wouldn't do what Nanban suggests, it could open a can of worms. Best say nothing unless they raise the issue again and if they get pushy suggest they discuss the issue with their solicitor.

Elegran Sat 27-Apr-13 20:30:34

With the plan from planning, you have a weapon if they do return to the subject.

sunseeker Sat 27-Apr-13 22:32:23

I will wait until they mention it to me and then produce the plan - hopefully brother in law's forceful comment that the land is mine may have put a stop to it. Many thanks again.