Boundary dispute ( potential )

ittakestwo

I believe boundary disputes/errors are common. Hoping advice from somebody who has been in a similar situation can advice.

I bought 6 years ago. The land register map and The OSI map and what is physically there on ground all match.

However I have learned that about 35 years ago the boundary wall was moved about 1.5 meters which gave me a wider garden. I have boundary with an apartment block. The property that sold the land for the apartment block are still my neighbour too. An older neigbour said that the property that sold the land for the apartments wanted to keep a pedestrian walkway to access its rear, but never built a wall separating my garden from it and that is why my garden got wider . They said there should have been another wall to replace one that was knocked down separating me from this walk way. There was an old stone wall which originally would have had my garden narrower but was knocked down and nobody really knows why.

The previous two owners of the property never claimed this pedestrian strip. They submitted planning permissions not showing that strip in thier biundary and when selling 2 years ago did not show it in thier boundary either. Can it be excepted they abandoned it or can thier predessor in title look for it back if it is on their deeds?

Another thing is the property is a leasehold. and I bought from the same freehold owner as own the property. So the same freeholder owned both sides of the wall if this makes a difference.

There is something currently "mapping" on my folio and I believe this is being questioned by my neighbour to the land register.

davindub

ittakestwo wrote: »

I believe boundary disputes/errors are common. Hoping advice from somebody who has been in a similar situation can advice.

I bought 6 years ago. The land register map and The OSI map and what is physically there on ground all match.

However I have learned that about 35 years ago the boundary wall was moved about 1.5 meters which gave me a wider garden. I have boundary with an apartment block. The property that sold the land for the apartment block are still my neighbour too. An older neigbour said that the property that sold the land for the apartments wanted to keep a pedestrian walkway to access its rear, but never built a wall separating my garden from it and that is why my garden got wider . They said there should have been another wall to replace one that was knocked down separating me from this walk way. There was an old stone wall which originally would have had my garden narrower but was knocked down and nobody really knows why.

The previous two owners of the property never claimed this pedestrian strip. They submitted planning permissions not showing that strip in thier biundary and when selling 2 years ago did not show it in thier boundary either. Can it be excepted they abandoned it or can thier predessor in title look for it back if it is on their deeds?

Another thing is the property is a leasehold. and I bought from the same freehold owner as own the property. So the same freeholder owned both sides of the wall if this makes a difference.

There is something currently "mapping" on my folio and I believe this is being questioned by my neighbour to the land register.

You can check back on the 2 registries for interest, you might find out the answers to your questions.

It would be impossible to recover any property lost 35 years ago, your post is not clear, but I believe there is now a wall and you have either lost land or gained from it? There is a statute of limitations of 12 years to recover land adversely possessed.

ittakestwo

Thanks,

Probably worried over nothing. From what I am reading it is what is there on the ground (providing it has been like that for years) that will determine the boundaries and not what is on the deeds map.

discodaveirl

The land registery has digitized its maps of late and there noway accurate as to whats on the ground.... A family member who works for a law firm mentioned this circa 3 years ago and for the sake of it we got the digitized versions. When checked our neighbours boundary was drawn through the middle of an out building... Luckily we could get it rectified without his knowledge..