Idenitfied Encrouchment by a detached brick garage If you want to know how your DIY projects could be affected by building and planning regulations, click here to post questions and view answers

[KTM]

Guys,

My next door neighbour has a detached garage to the rear of his property and has been there for a number of years (unable to prove exactly how long but could be since early 70s). It has become apparent, after living in my 3 bed semi since 1995, that according to LR Title Plans with appropriate scaling, this garage is over the boundary by some 0.25M along with 13 M of fencing along the boundary :( If the neighbour does agree that this is the case, am I within rights to ask for it to be rebuilt on their side of the boundary or have I been correctly informed that as it has been there over 10 years, the boundary has deemed to have moved and I have lost land? What would be the likelihood of compensation?

[stoneyboy]

KTM,
I think you will find the time required for establishment of an ownership right is 13 years. Either way I doubt you are entitled to anything.
end

[rosebery]

"(unable to prove exactly how long but could be since early 70s). It has become apparent, after living in my 3 bed semi since 1995,"

So it was there when you saw the plot, there when put in an offer and still there when you bought it.


"that according to LR Title Plans with appropriate scaling,"

Notoriously inaccurate method. Can you be that accurate for 9 inches worth? That'll be thinner than the red line on the plan when scaled.


"am I within rights to ask for it to be rebuilt on their side of the boundary"

I would say no given that its been there for 30 years or so.


"or have I been correctly informed that as it has been there over 10 years, the boundary has deemed to have moved and I have lost land?"

Yes. Actually you as an individual lost nothing. The guy who owed the property iwhen the garage and fence were erected lost it then.

Just how much do you think has been lost? No I mean seriously. How much in square feet? I reckon its probably iro 30 - 35 sq feet. The intrinsic value of that land is probably between £ 30 and £ 50. Even if it were £ 350 - £ 500 it couldn't possibly be worth the hassle surely?


"What would be the likelihood of compensation?"

None whatsoever IMHO and in any event your costs would far outstrip your claim assuming anyone would be prepared to take your claim forward for you.

Theres more to this than meets the eye isn't there? Why suddenly start worrying about this after having lived there for nearly 15 years?


Cheers