Boundary fence + a neighbour
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Okay here is the situation…any guidance appreciated on this 🙁
father has found out that 2.5 metres of the neighbours property beyond the fence line is actually ours according to land registry. Howvever due to us not claiming it back in time, they have “adverse possession”.
This is fair enough, however what if theneighbour decides to develop on the land that is technically ours. According to the planning act i recall all one needs is “sufficient legal interest”, so therefore he has the right to apply for permission.
Is this neighbour meant to get our agreement before he can proceed with a potential planning application or can he go ahead regardless?
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I would think that you would be more suited to getting legal advise on this.
just on the land registry map, assuming the scale of the map is 1:1000 … 2 1/2 metres is 2 1/2 mm wide….. very hard to be completely precise with these dimension… also if the scale is 1:2500 then you are talking about a 1mm difference in measurement……
how exactly did he ‘find out’???
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he found out by getting a surveyor in to actually measure it.
the neighbour acknowledges the land is within our ownership. The issue we have at present is development rights to that land.##
thanks for response btw
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If your neighbour has had uninterrupted occupation of the property for such a long time – it is essentially his and the line on the OS map is largely irelelevant. All LR maps have a note on them saying that the red line does not purport to illustrate a physical boundary on the ground. The physical boundaries wil always take precedence over the line on the map. I do not believe that having portion of his property on your folio gives you any rights at all in relation to his planning application.
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The land is now his (assuming that he has been in possession for over 12 years, and assuming that you had a freehold interest).
He can develop it as he can any other land of his. Your rights are the same as if the neighbour on the other side of you developed his land – i.e. you may object to his Planning Application.
The fact that the land was once yours is not grounds for objection.
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The land registery only Identifies ownership and the map attached to the Folio only iIllustrates location – does not define the boundaries!!
Planning matters only when commenting on the application to LA or ABP
Talk to your Neighbour see if you can come to agreement with him.
If not-Talk to your solicitor-get the deed map – transfere map-Have the property surveyed.Who maintained the fence?
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