Unlawfully using an area of land within a garden

21 May 2024

We were instructed to advise homeowners Mr and Mrs S on a neighbour dispute after they received a letter before action from their neighbour’s solicitors claiming that they were unlawfully using an area of land within their garden that the neighbour claimed belonged to him. 

The neighbour had sold off part of their extensive garden years before and stood by and watched our clients build their home on the property and then move in.  

Our clients had lived in their property for over 11 years, and their neighbour had also watched them landscape the garden, put up a boundary marker to delineate where the boundary line was and separate their land from the surrounding land which still belonged to the neighbour and erect a large summer house on the disputed land.  

We were able to advise our clients that they had a claim for adverse possession in the event that the documents did not show that they properly owned the disputed land from day one and successfully resolved issues with the neighbour. 

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