My Neighbour Has Moved His Fence 10Ft So Its Now Against The British Gas Fence

[philkool]

he has now started erecting a large shed like building on the land he has gained.
my question is should i ask the council if this is legal as there are no planning applications for this or for the cutting back of the protected trees .

[hc4361]

We don't know how high the shed is.

[Togo]

Do you know, or can you check, if the piece of land gained is registered with your neighbour, the Gas board or indeed anyone. It may be a cheeky land grab.

[jackthehat]

Regardless of whether the construction is 'permissible' under the eaves/ ridge height and area regulations, he's not actually allowed to build it on land he doesn't own without the express permission of the landowner.

[hc4361]

We don't know that he doesn't own the land.

[jackthehat]

philkool seems to indicate that his neighbour has effected some sort of land clearance and grab....not a usual concern if you believe that the neighbour owns the piece of land.

[johnny37]

Dunno about the trees but he may be going for the adverse possession rule. I know 12 years is a long time but the Gas Company needs to be made aware.
Have I misunderstood something?

[Togo]

I did try to hint at that in my 17:58 post johnny37, but no takers.

[Canary42]

What does the Gas Board fence enclose.

When I worked for British Gas (25 years ago) there were restrictions on building within certain distances from some equipment (e.g. pressure-reducing installations).

[Baldric]

For the benefit of those who believe they've had an original thought I repeat my 16:45 post

//he has now started erecting a large shed like building on the land he has gained.///

Who has he gained the land from?

[hc4361]

The rules of adverse possession changed a good few years ago and if the land is registered you can't 'grab' it just by occupying it for 12 years

"adverse possession of registered land for 12 years of itself will no longer affect the registered proprietor’s title"

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

If the land isn't registered the rules are different, a quick look at the Land Registry will confirm either way.

It is also entirely possible that the neighbour has bought the bit of land, this will also show on the land registry

[tamborine]

You dont have a right to a view but you do to light, although the trees might have blocked the light?

Check land ownership here



https://www.gov.uk/search-property-information-land-registry

[Buenchico]

^^^ It takes 20 years to acquire a 'right to light', Tambo:
http://www.rics.org/Global/RICS-consumer-guide-Right-to-light.pdf

[philkool]

Thanks for all your answers,
Ok the land gained is a strip approx 10ft which runs from Rayleigh road Eastwood to the Arterial road, This land is between properties and British Gas land.
Now this neighbours fence is against the gas boards fence.
The the gas board land has the large cylinders which now no longer go up and down but still has maintainence staff visit most days .

[hc4361]

So you don't know who owns the land?

[philkool]

i don't know who owns the land as i have to pay the land registry to find out.
i may phone the council again when i have time.

[hc4361]

It costs about £3.50, not a lot really, and necessary if you want to do something about the situation.