Adverse Posession - well not really
Discussion
I've been asked for some advice by a friend and whilst I am involved in property this is most definitely not my area of expertise, so would appreciate a second opinion.
2 detached houses are adjacent as detailed below:
Mate's parents live on the left. 30 years ago neighbour to the right Tarmac'd the front of their house and did so at a jaunty angle for some reason. There is no physical division between the properties at the front - no hedge, no fences, just grass abutting Tarmac. For the next 30 years mate's parents tended to their front garden which was now slightly bigger and treated as their own, neighbour never touched it. Land Reg and OS Mapping shows the boundary line as dead straight following the line of the fence separating the rear gardens going straight to the road. All the other houses on the street have a dead straight boundary line.
They're now in dispute with the neighbour who's started parking a car on the grass. Their view is they've tended to the garden for the last 30 years and have therefore have a claim over the land. I don't think they could claim adverse possession as that would require the neighbour to be denied access to the land, which they were not - it's all open.
My view is the land belongs to the neighbour, but I'm no expert on boundaries so I'd be interested to know if there is any way my mate's parents could have claim over the land? As with all these things it's very emotional and I'm the bearer of bad news so I'd rather not get it wrong.
and yes I have suggested they speak to a solicitor.
ta
2 detached houses are adjacent as detailed below:
Mate's parents live on the left. 30 years ago neighbour to the right Tarmac'd the front of their house and did so at a jaunty angle for some reason. There is no physical division between the properties at the front - no hedge, no fences, just grass abutting Tarmac. For the next 30 years mate's parents tended to their front garden which was now slightly bigger and treated as their own, neighbour never touched it. Land Reg and OS Mapping shows the boundary line as dead straight following the line of the fence separating the rear gardens going straight to the road. All the other houses on the street have a dead straight boundary line.
They're now in dispute with the neighbour who's started parking a car on the grass. Their view is they've tended to the garden for the last 30 years and have therefore have a claim over the land. I don't think they could claim adverse possession as that would require the neighbour to be denied access to the land, which they were not - it's all open.
My view is the land belongs to the neighbour, but I'm no expert on boundaries so I'd be interested to know if there is any way my mate's parents could have claim over the land? As with all these things it's very emotional and I'm the bearer of bad news so I'd rather not get it wrong.
and yes I have suggested they speak to a solicitor.
ta
worsy said:
Nothing to add but questions:
Assume they are parking on what is effectively theirs and not the whole grassed area?
Is it the same neighbour after all this time?
Yep, just parking on "their" bit of grass. Assume they are parking on what is effectively theirs and not the whole grassed area?
Is it the same neighbour after all this time?
Kind of - it's the daughter of the owner from 30 years ago.
I'm now off to Google prescriptive rights.
Chaps, I don't disagree with any of the comments here and have advised as such, but if they do have a right to the land then I don't want to give them incorrect advice despite my own views on the matter.
One comment I would make is that the land is not just a random strip, it is very much an integral part of their garden and has been for 34 years. Looking at the house you would assume it's theirs. Plus it was the neighbour who created the situation by their landscaping.
My advice has been to put up a fence or hedge down the boundary line and enjoy the fact they don't spend the next 10 years under mounting stress battling their neighbour, then having to sell the house to pay the legal fees.
One comment I would make is that the land is not just a random strip, it is very much an integral part of their garden and has been for 34 years. Looking at the house you would assume it's theirs. Plus it was the neighbour who created the situation by their landscaping.
My advice has been to put up a fence or hedge down the boundary line and enjoy the fact they don't spend the next 10 years under mounting stress battling their neighbour, then having to sell the house to pay the legal fees.
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