Q My family have stored bikes on a piece of drive next to our property for the last 14 years. The council now wants us to pay for the usage. Do we have any rights to use the land?

A No. The use must be continuous for 20 years. Only then will rights to use the land be acquired. It is essential that at no point during the 20 years was permission granted.

Q What about rights of way? My family have used a pathway at the rear of our garden for over 20 years and the adjoining owner has closed it off.

A Yes you do have a right to use the path which is recognised by the law. It is important to remember that permission, even for a short time, defeats the claim. A recent case involved two London hotels and a private road passing between the two hotels. Permission was granted by the Tara Hotel to the owner to the Kensington Close Hotel to use the road but then, unknown to Tara Hotel, Kensington changed hands and the new owner of the Kensington Hotel used the road for 20 years. In other words the new owners never had the permission. The court held that the Kensington had acquired rights of way over the private road.

Q How do I find out about boundaries and fences, and who owns what?

A The most common markings are on deeds and show boundary ownership with a “T” mark. “T” marks normally mean that the owner of the property within the red edging is responsible for the maintenance and repair of the boundary within the inward facing “T”.

Q Do all deeds contain plans showing “T” marks?

A No. You may need to apply to the Land Registry to see if any old deeds have been filed containing information as to ownership. Please bear in mind that Land Registry plans are not drawn to specification and are drawn with thick lines separating properties – it may not be possible to ascertain the boundary accurately from the plans.

Q Is ownership of the boundary always on the right when you look from the front of the property? Can one assume that the post of the fence must be on the owner’s side?

A No. There is no legal foundation for this. If ownership or responsibility of the boundary cannot be decided you should treat it as a party boundary and get the agreement of the adjoining owner before moving it or doing any work along it.

Q What if agreement cannot be reached?

A Disputes about boundaries are probably best dealt with by contacting the Royal Institute of Chartered Surveyors (RICS) helpline on 0870 333 1600. Boundary disputes are resolved by considering the old deeds, the plans, old photographs and witness statements. The Land Registry has a procedure but this will have to be done with agreement of your neighbour and the Registry will not deal with disputes. If all else fails there is going to law but that really must be a final resort.

Turpin & Miller is a law firm based in East Oxford with a national reputation for excellence.
It celebrated its 10th anniversary last year and picked up two prestigious awards – the Legal Aid Firm of the Year 2012 and the Law Society Award for Excellence in Client Service.
John McNulty is head of litigation at Turpin & Miller and specialises in disputes involving property.
He joined the company in 2005 having previously run his own firm in London for 13 years. John will be joined in writing regular articles for the Oxford Mail by colleague Emily Boardman, one of T&M’s partners and head of the family department.
She undertakes any complex family case but specialises particularly in representing parents and children in cases involving social services.
If you have a legal question for her or John ring 01865 770111 or email eboardman@turpinmiller.co.uk or jmcnulty@turpinmiller.co.uk