Boundary Question

B

Boscod

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A new fence was erected by my neighbors some years ago which is positioned inside what is the actual boundary (on their side of it). This was done for convenience purposes, as following the actual line would have been more difficult for them. Since it was erected my animals have grazed on this land without it being raised as an issue. The neighbors have recently sold their entire holding, and again no question was raised about the boundary and I understand that the sale has now completed. The piece of land in question is quite small, however I do find it very useful and would like to retain it.

So, what options do I have......... wait till 12 years expires (in 2/3 years) and claim adverse possession, or does the recent transfer infer in some way that the new purchaser is accepting the revised boundary by default?

Any thoughts would be appreciated.
 
If it were mine I would leave what is working alone. You are not at a loss. You will end up with a bad relationship with your neighbour. There is a saying about bad fences causing bad neighbours.
If the new owner raises any queries you can explain the background and if he wishes to retain the ground it would be his responsibility to erect a new fence and make good any damage in doing same.
It will cost you money to get this piece of ground into your name no matter how you go about it and a disgruntled neighbour.
You have the use of it so leave well enough alone. Someone else may have a different take on this.
I am just not comfortable with acquiring something on a technicality knowing that it was not mine in the first place. Maybe that is just me.
 
Thanks for your feedback. My new neighbour is actually a local authority, so it's not your normal 'neighbour' situation.
 
Boscod said:
Thanks for your feedback. My new neighbour is actually a local authority, so it's not your normal 'neighbour' situation.
Click to expand...

Local Authorities usually like to regularise any inaccuracies in the registered boundaries of their land. I'm surprised they haven't spotted the error already.

In your case, I would say nothing (unless they approach you in the meantime) and claim adverse possession when the 12 year term is reached.
 
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