Does my neighbour have rights?

...

You will have to contact your solicitor to check the deeds and find out which flat owns which piece of land.

If you have a mortgage, the deeds will be at your bank and they will probably charge you to release them, but your solicitor will arrange that.

You cant rely on the previous owner telling you, what ever is in the deeds is the law.
If it is your land, and she lay the drive then you should thank her very much for her efforts, but its yours and thats the end of the story.

Solicitor and the deeds are the only way to go here. Maybe the last owner thought that it was hers, or maybe she made it up... get the deeds!!

Thanks
:o)

grim reaper

Check your deeds - they will list exactly what you bought and who has access over which areas - you may find that the seller lied, was confused or was correct. if you have nothing on the deeds saying that the garage and drive are in your boundary then you may be in trouble - if in doubt consult a solicitor who specialises in property law to check it out on your behalf - If its yours you can threaten to sue for trespassing

BritLdy

I am not sure for Scotland, but here in the states if you know for sure it is yours have the car towed and keep having it towed until she gets it.

Cindy B

First, have a survey done to see if it is on your land or hers.

If it is on your land, show her the survey result, and try to get her to give in informally, so that you can be good neighbors.

If it is on her land, you might have a cause of action against the person who sold you the property.

You might be entitled to some of your money back since the property was misrepresented as being more than you got.

Facile Princeps

Cover her car with breadcrumbs & bird seed...and wallah problem solved

Max Power says relax

get a solicitor to look over a copy of the deeds for you , if anything like that was going on your solicitor would have uncovered it during the search when you bought the property

ISABELE B

if it on your title deeds she has no right at all..!!!!!!!!!!!!!!!!

~{ si_d }~

If the title deeds show it to be your land, then I believe it is yours

cardioman1965

I am not from where you live, but try going back to the seller to see whats up and tell him or her about your neighbour. I would not care if she laid that 100 years ago, it does not sound right.

nana .know it all

go and check with your council land registry

RandomStranger

I would think that your neighbor gave you a nice gift.

If it is on your land, it is yours to use and decide who can use it.

claude

I think that if the lady has been using it for 20yrs with no legal challenge, the court would now give her this land under a 'squatters rights' type legislation

Bristol_Gal

Seek professional legal advice - safest bet than on here - no disrespect to anyone who's answered

If its your land she has no rights.

Nev

Not sure how it works in Scotland in the UK when the searches are done with the land registry office the outline of the land that is sold is marked and passed on to the buyer on exchange, also boundaries (fences) that are your are marked in red. Ask you solicitor they should be able to answer this over the phone.

mcleodthyra

talk to your solicitor...was this drive and garage on the deeds...if so it got to be your rights surely

Wendy H

This is a civil dispute and could prove costly, whichever side looses will get hit with both parties bills.

Your neighbor says she paid for the drive.

Can they prove it.

*******

Laura she only needs 1 or 2 statements from the postman/milkman a neighbour to say her car/s have always been parked there for 12 years and she has proven continuos use.

If you take her to court (this is a civil matter not criminal) she will issue a counter claim for ownership. If she has a good solicitor. One or two avidavits to the effect of "her car has alwasy occupied the area highlighted on the map are enough to satisfy most people she does appear to have aquired rights if her claim is over 20 years.

Her Solicitor would also press you for charges as he would argue no matter what your deeds say, its her drive. Its similar to squatters rights.
*********************

Can you prove they did not.

Can you locate the owner of your house 20 years ago who could verify the matter.

In England if she has had free use of the land for 20 years there is every chance she has acquired some rights on this as no one has attempted to stop them from doing so.

Your neighbor would need statements from other neighbors who could say they have seen her parking her car there for however many years and by the previous owners of your home failing to stop this she will be able to prove "continuous use" and have "acquired rights".

Even if there are clear boundary's on your deeds by failing to stop her she has "acquired rights" this is English Law I realize Scotland is not the same, but you need legal advice.

The previous owner could be held responsible for this if there was a previous dispute with your neighbor and the matter was not brought to your attention.

Again English law the vendor has to disclose any previous/ongoing disputes to the buyer.

Sorry bit it sounds expensive.

Hot stuff

I would ring up who evers owned the house before you to check it is actually yours if they are tenyou can get the police involved.

You give me fever

Why not call the cops next time this happens? They'll tow the car once they talk to the landlord, and plus your neighbor will learn not to be greedy. Plus you can call this government number, called Code enforcement. . it's in the government pages in the yellow book. They deal with complaints when landlords aren't following their lease.

bret.sinclair

Grim reaper is spot on,saves me answering.

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