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dorsetfreelander



Member Since: 20 Jul 2013
Location: Dorset
Posts: 4336

United Kingdom 2014 Freelander 2 SD4 XS Auto Loire Blue
Land ownership - no not LandRover

Since this forum seems to be a sort of "Mumsnet" and offers advice on all sorts of topics I wonder what people might make of this?
I bought my house (freehold) in 1979 and built a detached garage in 1980 using existing plans. So far so good. My house backs on to land owned by one of the big feudal Estates in Dorset. A couple of weeks ago I was talking to the Estate land agent about some tree work on the boundary when he came out with a comment to the effect that was I aware that the corner of my garage was actually on Estate land and he had seen it on the Land Registry maps. As far as I was concerned the garage was built up to the existing fence and perhaps the previous owner had moved it a couple of feet. He said that the Estate wasn't going to do anything about it (they have about 30,000 acres anyway) but it could be an issue for me to be sorted out if I sell. Apparently after 12 years the land became mine anyway via "adverse possession" so do I need to do something with the Land Registry to tidy this up? 3 x FL1 2 manual + 1 auto
5 x FL2 4 manual + 1 auto
Now Discovery Sport P250 MHEV SE

Post #327033 13th Jul 2017 9:47 am
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pab



Member Since: 28 Aug 2012
Location: Now in Mid-Wales
Posts: 2005

United Kingdom 2009 Freelander 2 TD4 XS Manual Lago Grey

Plenty of information here:
https://www.gov.uk/government/publications...tered-land

There is no automatic entitlement after 12 years, and I'd say the land agent is correct and it could become an issue if you sell.

We had something similar - a previous owner had 'annexed' a bit of what was then unused land bordering the property, something which only came to light when a house was eventually built on that land. The owner wasn't bothered about us having the land, and it had been 'ours' for more than the 12 years, but to make everything straight and legal we ended up buying the land for £1 - plus, of course, many times that in legal fees to get it all registered and recorded properly!

Post #327034 13th Jul 2017 10:05 am
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Navigator



Member Since: 29 Dec 2010
Location: Within reach of the coffee machine
Posts: 492

Scotland 

Move your fence out a further 20 feet and keep mum for 13 years! Everyone can spread it - Anyone can catch it. Stay home - the life you save can be your own!

Post #327035 13th Jul 2017 10:06 am
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RogB



Member Since: 16 Dec 2014
Location: Mansfield
Posts: 3867

England 2013 Freelander 2 SD4 HSE Lux Auto Santorini Black

My Brother recently had a (domestic) boundary battle with his next door neighbour

The land registry maps are normally just a basic outline, as are the builders plans.

Using those 2 sources as reference, my brother had a surveyor out who digitally mapped the exact boundary line exact to the inch.
The neighbour used a surveyor who did a 'fag packet' drawing done using measuring tape, string and wooden poles.

The judge (who specialised in boundary disputes) said that the only true way to plot a boundary was how my brothers surveyor had done it, and ruled in my brothers favour.

I would suggest that the Estate warden (?) was using the basic land registry map which unless the garage is way over the boundary line, wouldn't prove anything so shouldn't be any issue were you sell up in the future

Post #327036 13th Jul 2017 10:20 am
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Lightwater



Member Since: 21 Aug 2014
Location: Sydney Northern Beaches
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A survey done in the 1970 is a lot less accurate than today where it is down to the mm, actually less! The garage was probably within the boundary as per 1970 survey.

Our block of units is on about 1000 m2 of land built in the 1950s. it is surprising how much variation is going on of this size block of land. Some of the boundary issues have been fixed recently. One of the previous buildings next to us was a bit out of square over our boundary, from half a brick to almost a full brick at the other end. The new place is still using about 100mm, it varies, of our land in their garden, but this particular building has been sorted out. Procrastination, mankind's greatest labour saving device!

Acoustic insulation ARB TPMS 3xARB air compressors After cooler Air tank On-board OCD pressure air/water cleaning Additional 50L fuel Carpet in doors ABE 2x1kg Waeco 28L modified fridge Battery 4x26ah Solar 120w Victron MPPT 100/20 DC-DC 18amps 175amp jumper plug Awning 6x255/60R18

Post #327037 13th Jul 2017 10:28 am
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dorsetfreelander



Member Since: 20 Jul 2013
Location: Dorset
Posts: 4336

United Kingdom 2014 Freelander 2 SD4 XS Auto Loire Blue

My boundary curves around the back of the house and location maps on plans for the garage planning permission in 1976 amount to little more than sketches so it's probably open to interpretation as to where the curve intersects the corner of my garage (if it does even) and who is to say which line is correct as this is all pre GPS etc. This of course, was pre Land Registry in the mid 90's and this place hasn't been sold since 1979 so I guess that the whole boundary issue is a bit vague anyway.
I am wary of stirring up a hornet's nest by digging too deep on this one, I have no intention of selling so might leave it for the kids to sort out whilst I drift off in a nursing home. 3 x FL1 2 manual + 1 auto
5 x FL2 4 manual + 1 auto
Now Discovery Sport P250 MHEV SE

Post #327039 13th Jul 2017 12:05 pm
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RogB



Member Since: 16 Dec 2014
Location: Mansfield
Posts: 3867

England 2013 Freelander 2 SD4 HSE Lux Auto Santorini Black

in that case it shouldnt be a problem......unless the kids decide to prop up the footings on that corner of the garage once you have departed the nursing home horizontally Wink Laughing

Post #327041 13th Jul 2017 12:30 pm
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dorsetfreelander



Member Since: 20 Jul 2013
Location: Dorset
Posts: 4336

United Kingdom 2014 Freelander 2 SD4 XS Auto Loire Blue

Are you proposing a solution where I get buried under the corner of the footings and thereby establish squatters' rights? 3 x FL1 2 manual + 1 auto
5 x FL2 4 manual + 1 auto
Now Discovery Sport P250 MHEV SE

Post #327046 13th Jul 2017 1:43 pm
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Lightwater



Member Since: 21 Aug 2014
Location: Sydney Northern Beaches
Posts: 4704

Ukraine 2013 Freelander 2 2.0T SE Auto Fuji White

I wonder what the protocol in New Zealand is. You could win, loose or you could end up with the neighbours dunny replacing your TV in your lounge overnight!

kiwi wrote:
1.5 metres in 20 years is nothing.

In Christchurch New Zealand we can get 1.5 metres overnight... Lane departure control this:

 Procrastination, mankind's greatest labour saving device!

Acoustic insulation ARB TPMS 3xARB air compressors After cooler Air tank On-board OCD pressure air/water cleaning Additional 50L fuel Carpet in doors ABE 2x1kg Waeco 28L modified fridge Battery 4x26ah Solar 120w Victron MPPT 100/20 DC-DC 18amps 175amp jumper plug Awning 6x255/60R18

Post #327047 13th Jul 2017 1:44 pm
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RogB



Member Since: 16 Dec 2014
Location: Mansfield
Posts: 3867

England 2013 Freelander 2 SD4 HSE Lux Auto Santorini Black

dorsetfreelander wrote:
Are you proposing a solution where I get buried under the corner of the footings and thereby establish squatters' rights?


at least you will get countryside views for ever Whistle

Post #327048 13th Jul 2017 1:51 pm
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Yorky Bob



Member Since: 28 Apr 2015
Location: Yorkshire
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using existing plans

If your build is per the plans then I see no problem as then was the time to shout foul play.

If your build is off the plans by a few feet, keep a low profile. FL2 MY10 TD4 GS traded in at 2 years
FL2 MY13 TD4 GS Current

Post #327183 16th Jul 2017 12:29 pm
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