Boundary dispute time limitation?

by Readers Question

16:10 PM, 2nd March 2017
About 2 years ago

Boundary dispute time limitation?

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Boundary dispute time limitation?

My sister in law owns half of a pair of semidetached houses.time limits

Last year the property, previously owned by a college was sold to a property developer.

They have told my family that the boundary is in fact in the wrong place, even though it must have been like this for over 20 years. They want to pull up the hedge & realign the boundary to where they say it should be.

Is there a limit on the time elapsed?

David



Comments

Carol Duckfield

9:06 AM, 3rd March 2017
About 2 years ago

Don't think they have a leg to stand on as under adverse possession the required time has elasped without their ownership being challenged - developer is just trying it one but would suggest that they get the paperwork submitted to update the land registry entry accordingly

Steven Way

11:58 AM, 3rd March 2017
About 2 years ago

Boundary disputes are to be avoided, usually expensive and seldom satisfactory. The adverse possession argument as suggested by Carol is difficult- prior to the Land Registration Act 2002 it was a case of the required time passing [12 years I think] without ownership being contested and making beneficial use of the land, however since that Act once can I believe only claim adverse possession by application to the Land Registry and serving relevant notices. I presume this hasn't been done so claiming adverse possession may not work. They or you would have to prove the boundary was in the right [or wrong place]. The title deeds are unlikely to be any good for this unless they actually state dimensions and 99.99% don't. You may have to research back to the original conveyances to get stated dimensions. Is the boundary obviously not on the nominal line that divides the houses? You should consider professional advice either from a solicitor or from a surveyor who specialises in boundary matters.

Kate Mellor

23:09 PM, 3rd March 2017
About 2 years ago

That sounds right. As Steven says, if the area you're claiming is land which is registered, HMLR will notify the owners of the claim and they will have the opportunity to refute your claim. I think if the marked boundaries on the registrations are clear you may be out of luck, but I'd certainly seek advice from a specialist firm. A simple consultation would likely be reasonably priced. In fact you may be able to get free advice over the phone as to whether you have any grounds to challenge this or not & then if u do u would likely be charged for actual representation.


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