Can my Neighbour take my land?

Registered land For adverse possession after 13 October 2003, a neighbour does not automatically acquire land simply by occupying it. After 10 years, the trespassing neighbour may apply to the Land Registry, however, the current owner will be given a chance to object via a counter notice.

housingandproperty.co.uk - Boundary Disputes Solicitors in London - HPLP

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Boundary Disputes Solicitors

Are you in a dispute with a neighbour over the boundary between your properties? We can provide expert advice and assistance based on years of experience specialising only in property law matters. Many boundary disputes revolve around the installation of a new fence, out-building, or overhanging tree branches that have strayed over the perceived line of the property. Our solicitors advise clients on their options for addressing these matters and we have long established professional relationships with expert surveyors in this field to assist in this regard. In our experience, boundary dispute cases can often be resolved through negotiation or alternative dispute resolution. Our solicitors provide the detailed knowledge and input clients need to make informed decisions regarding their options. We have an impressive track record for helping clients resolve their disputes without having to go to court and we will only advise issuing proceedings should it become necessary to do so, thereby saving our clients' valuable time and financial resources. If you’re involved in a dispute with a neighbour, get in touch with our boundary dispute solicitors today by giving us a call at our offices in London or filling in the enquiry form to the right of the page.

Our boundary dispute, neighbour dispute, and adverse possession expertise

In simple terms, boundary disputes are caused by one neighbour infringing on another neighbour’s land. Often this is done unknowingly as boundaries tend to blur and vary over time. However, sometimes a landowner may deliberately seek to encroach, for example, to obtain a right of way. Boundary disputes can also arise where hedges, fences, and other chattels stray over a boundary onto a neighbouring property. We recognise how frustrating boundary disputes can be, particularly where they incorporate other neighbour disputes such as regular trespass by adults or children or animals frequently fouling on your land. We have a wealth of experience assisting clients looking to make or defend claims involving boundary disputes and we act quickly and efficiently to protect your legal rights. We always encourage our clients to try and settle amicably using alternative dispute resolution. However, we also have robust court experience from basic court proceedings in the County Court to complex trials in the Chancery Division of the High Court and the Court of Appeal.

Disputes over legal property boundaries

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While most landowners are happy to use a physical aspect, such as a fence or a hedge, to mark the boundary of their property, the legal boundary is technically invisible. Because of this, disputes between neighbours about boundaries can quickly lead to lengthy litigation requiring careful examination of the boundary’s history and a declaration by a judge. HM Land Registry holds information relating to registered land in the UK and the title register and title plan will show the position of a property’s boundary line. However, this is not sufficiently accurate so often, historic deeds and a land surveyor’s expert opinion are needed to give weight to a neighbour’s dispute boundary claim. We can provide detailed advice about legal boundaries, including obtaining all relevant Land Registry documentation and historic transfer deeds and arranging for the assistance of a specialist land surveyor to help build your case. In most cases, evidencing the existence of your boundary through Land Registry documents and expert advice is enough to settle a dispute. Otherwise, careful negotiation can be beneficial in helping neighbours come to an amicable agreement about where a boundary lies. However, in some circumstances, the person encroaching on your land may have acquired ownership of the land they are occupying through adverse possession or so-called “squatter’s rights”.

Unregistered land

If a neighbour trespasses on land for a period of 12 years of more prior to 13 October 2003, they can claim ownership of the land through adverse possession and apply to the Land Registry to register the land in their name.

Registered land

For adverse possession after 13 October 2003, a neighbour does not automatically acquire land simply by occupying it. After 10 years, the trespassing neighbour may apply to the Land Registry, however, the current owner will be given a chance to object via a counter notice. If the owner does not file a counter notice then the trespassing neighbour may be registered as the owner of the land. If a counter notice is served, in most situations, the adverse possession claim is defeated. One significant exception to this is where the trespassing neighbour mistakenly believed the land immediately adjoining their land was theirs. If this is the case, their application may succeed regardless of the current owner’s objections. The law in this area is confusing and complex. It’s therefore important to instruct a solicitor specialising in boundary disputes and adverse possession to advise you throughout the process.

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We advise both individuals facing and making adverse possession claims, giving us unique insights into both sides of such disputes.

Why choose our boundary dispute and adverse possession solicitors?

We are a specialist property law firm serving clients across London and South East England. As we exclusively work in property law, we’ve developed in-depth expertise which is rarely available at other firms. We put our clients at the centre of everything we do, listening carefully to their property issues and concerns and providing tailored advice designed to help them achieve the best possible outcome within a reasonable timeframe. As experts in our area, we’ve built beneficial relationships with other leading practitioners, including surveyors, other property professionals, and barristers. Wherever necessary, we can utilise these relationships to assist in our clients’ cases. Our solicitors are recognised for our exceptional attitude to client care with the Law Society Lexcel Accreditation, which is only awarded to law firms which can provide services which are comprehensive, reliable, efficient, and cost-effective. We’re also accredited in the Conveyancing Quality Scheme for our reliability in property law matters.

HPLP is independently regulated by the Solicitors Regulation Authority (SRA).

At HPLP, we offer boutique services at competitive prices for neighbours, landowners or property managers with issues surrounding property rights and boundaries. Contact our office to discuss your situation with our dynamic London boundary disputes solicitors.

housingandproperty.co.uk - Boundary Disputes Solicitors in London - HPLP