I moved into my house in Berkshire England last Christmas and decided
that after consulting the Land Registry documents of my property to
make sure that there were no covenants against it, I asked my
neighbour if he would mind me erecting a fence between our front
gardens along the boundary line as set out on my registered title. He
said that to his knowledge there had never been a fence between the
two front gardens and that he had 'maintained' an area of garden for a
period of about
14 years which is shown on the Land Registry plan as belonging to my
house. I spoke to the son and Executor of the former owner of my
house today(owner now deceased) and he conceded that could not
remember a fence ever being
between the two front gardens (at least 15 years). The area 'claimed'
by the neighbour has never been fenced or marked in any way and my
registered title shows a completely straight line between the two
houses with the length of all four boundaries clearly marked in feet
and inches. If the neighbour can provide independent evidence of his claim for
adverse possession, what I should like to know please ? is, does the
neighbour now have a valid claim for 'adverse possession' despite
never erecting a boundary on this approx 1m wide strip by about 8
metres long. I need the land back to gain more sensible access to my
side-entrance in order to reach my back garden with a wheelbarrow and
mower etc.
A strange new twist arose just recently when a fencing contractor and
I were surveying what I will call the 'central section' (betweent the
two houses)of the boundary with my same neighbour, to obtain a quote
for the erection of a replacement before it collapses, he indicated
that he had installed the new-looking rear section of the shared
boundary just a year ago
and that the neighbour had insisted to him that the new 6 foot high
boundary fence being put up should be moved over by about 18 inches
(0.5m) at its extreme end, resulting in his garden becoming bigger and
mine smaller.
To add further insult to this, the neighbour received half the cost
of erecting this new section of fence from the Executor of the former
owner of my house. I have spoken today to the Executor who had no
idea that the fence was not replaced on the same boundary line thereby
reducing the size of the rear garden of the property that he was
trying to sell and which I eventually bought late last year.
Based upon the evidence from the Contractor, such testimony to be
formalised by Avidavit, I assume that I can insist that the neighbour
relocates the fence in it?s former line at his own expense.
The real question is: Will I have to offer to buy back the section of
the front garden or is the neighbour?s claim for possession faulty?
What should be my best plan to recover both sections of land please? |
