ChatterBank8 mins ago
Bounderies.
I wonder if someone out there can help me with advice. I live in a row of terraced cottages,and have been here for 46yr's. There is a communal driveway around the back of these premise's,however as is the case,with many of such set-ups our gardens are situated across this driveway It is sometimes a touch inconvenient,but on the whole everybody living around me have alway's been understanding,and we all get on with things in a civilized manner. Until a new resident moved into No1 of the terraces. He has suddenly decided to attempt to prevent the rest of us using what he claim's is HIS entry and driveway. I am not unduly worried about this,because our Deed's plainly state that we all have access. What does concern me is our garden's none of which are in direct line with the back's of our house's,which occurred over the century since the row was built. He has also announced that he intends to have the bounderies moved to his advantage Can anyone advise.Please. I am a 76yr old pensioner and I have never encountered such disregard before It is starting to make my wife ill,her garden is her pride and joy.Thank you in anticipation...Michael
Answers
First check what your deeds / Land Registry entry say. If these reflect, your belief and what has been the practice for 46 years he cannot change them. If however the deeds and actual practice differ, you can claim adverse possession, ie you have used the land for 46 years without challenge so you have become entitled to do so by custom and practice. You can...
12:56 Wed 10th Sep 2014
First check what your deeds / Land Registry entry say. If these reflect, your belief and what has been the practice for 46 years he cannot change them.
If however the deeds and actual practice differ, you can claim adverse possession, ie you have used the land for 46 years without challenge so you have become entitled to do so by custom and practice. You can challenge your neighbour by quoting this to him but may need to see a specialist solicitor to sort it out. The solicitor should also be able to amend your deeds.
If this applies to all the terrace you should be able to club together to use one solicitor to save money.
If however the deeds and actual practice differ, you can claim adverse possession, ie you have used the land for 46 years without challenge so you have become entitled to do so by custom and practice. You can challenge your neighbour by quoting this to him but may need to see a specialist solicitor to sort it out. The solicitor should also be able to amend your deeds.
If this applies to all the terrace you should be able to club together to use one solicitor to save money.
Take photos of what the situation looks like now for the whole lenght of the ROW.
Make sure you document from all your neighboure interuped access and it is on all your deeds.
If he fences the ROW off then although some might say it is easy to knock it down, it does become more problomatic so don't give him the opportunity to do anything.
Make sure you document from all your neighboure interuped access and it is on all your deeds.
If he fences the ROW off then although some might say it is easy to knock it down, it does become more problomatic so don't give him the opportunity to do anything.