# Site encroachment by neighbors



## fender (13 Oct 2012)

Our neighbours have commandeered a part of our garden. It has been this way before we bought our house but we were young and badly advised at the time. We bought our house approx 19 years ago. I am wondering what the situation is now should we or our neighbors wish to sell our houses?

It boundaries are obvious from OS maps and shows what they have taken. I presume they have legal rights to it now. What should I do to ensure I have no problems when we or our children want to sell in the future.


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## Vanilla (13 Oct 2012)

So long as you don't wish to claim back the disputed portion, you don't need to do anything. In general if your map shows more than you actually have on the ground it's not really a problem for title. If selling or transferring, just have an engineer mark the map of what you actually have on the ground and sell or transfer this only. Be sure that your selling agent has the map before it is put up for sale and sell based on this map only, not on your title map.

The neighbours will probably have an issue if they tried to sell on as they will have to ask you to transfer that portion to them or do a lengthy and expensive squattors application.


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## fender (13 Oct 2012)

Thank you for that reply Vanilla - much appreciated.


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