It is often the case that you may find that the boundaries of your property do not correspond with your folio map in that part of your property/garden may be registered on the folio and map for your next door neighbour.
There are a number of options open to you to rectify this issue;
Firstly, you can request that your neighbour sign a Deed of Transfer or a Boundary Rectification Agreement which involves the transfer to you of the property which is registered on your neighbour’s folio for a nominal consideratio
To complete the transfer/agreement an original Land Registry Compliant map will have to be marked by your Engineer and your neighbour will then be asked to meet with his Solicitor with a view to signing the relevant documentation. Your neighbour may also require for his own Engineer to check the boundaries of the map as against the boundaries on the ground. It is usual in a situation like this that as the individual who is rectifying your title that you would also pay the legal costs and Engineering costs of your neighbour. This way would be by far the simplest and quickest way to deal with the matter.
The second option open to you is to make a Section 49 Application to the Land Registry. This is an application to the Land Registry to register your ownership of the property based on long possession otherwise known as squatter’s title. The minimum period of possession is 12 years.
Your possession must be without the consent or knowledge of the owner of the property and no rent paid with regard to the use of the property. As part of the application you will have to complete an Affidavit setting out the full history of your possession of the property and that of your predecessors on title.
A Land Registry compliant map will also have to be marked by an Engineer and will be submitted with the application. As part of the application in due course, your neighbour will be notified by the Land Registry of your application and will be entitled to object in writing to your application if he believes that he has the grounds to do so.
Section 49 Applications can take a number of years to complete in the Land Registry and it is usual that the Land Registry will raise a number of queries with regard to your application before matters are completed.
Know your property rights!
