Border dispute - after 20 years?

Fraggle25

Hi all,
Hope you can help.

The border between our property and our neighbours' falls down the 'middle' (except it isn't the middle) of what looks like one wide driveway.

We're currently working with our (genuinely lovely) neighbours to get the whole area block paved and have agreed that when we do so we will still mark the dividing line.

However, based on the OS map and the title plan (small scale) our neighbours are suddenly suggesting that the line is actually in the wrong place. They've ordered up their deeds so they can take a look on there.

But we know the existing line has been there for 20 years, i.e. since the extension to our house was built in 1991. We have a copy of the plans which includes a line drawn, matching what is on the ground now, and with a label which states 'conc curb to define boundary'. At the time there were different owners in both properties.

So if their title plans show something different, which takes precedence, the actual marker which has been there for 20 years or the title plan designed, as I understand it, to illustrate the 'general boundary' rather than the specific one?

Help!!! We're already spending a lot of money on getting the driveway done, we don't really want to spend out on legal fees as well if we can help it!!!

Thanks in advance!

Moneysava_wannaB

this might help
http://www.ordnancesurvey.co.uk/oswebsite/site/contact/boundaries.html#q1

grizzly1911

Fraggle25 wrote: »

Hi all,
Hope you can help.

The border between our property and our neighbours' falls down the 'middle' (except it isn't the middle) of what looks like one wide driveway.

We're currently working with our (genuinely lovely) neighbours to get the whole area block paved and have agreed that when we do so we will still mark the dividing line.

However, based on the OS map and the title plan (small scale) our neighbours are suddenly suggesting that the line is actually in the wrong place. They've ordered up their deeds so they can take a look on there.

But we know the existing line has been there for 20 years, i.e. since the extension to our house was built in 1991. We have a copy of the plans which includes a line drawn, matching what is on the ground now, and with a label which states 'conc curb to define boundary'. At the time there were different owners in both properties.

So if their title plans show something different, which takes precedence, the actual marker which has been there for 20 years or the title plan designed, as I understand it, to illustrate the 'general boundary' rather than the specific one?

Help!!! We're already spending a lot of money on getting the driveway done, we don't really want to spend out on legal fees as well if we can help it!!!

Thanks in advance!

My understanding is that if a boundary isn't disputed, unless formally acknowledged, for 12 years then ownership can be taken.

When our houses were built the then neighbour moved smartly to erect fences on either side effectively squaring his garden to the house. Leaving our garden with aslight taper. When we brought the house we didn't think anything of it. When we checked the plans, when building a conservatory, the drawings indicated that our boundary should have been the more square one.

Runs off by probably 8 feet over 60. I have never raised it as I like my current neighbours and I don't think it affects the value of the house and it doesn't affect our enjoyment.

At the front, opposite side, a strip of land perhaps 1metre wide runs along the edge of the drive, through a lawn and border to the road. the neighbour has always acknowledged it as ours although they maintained it in view of the way it fell.

We are looking to replace the drive and they are comfortable that we now incorporate that piece of land in the drive and landscaping.

In both of these cases the land can't be used for anything else and IMO do not affect the value of either property.

If it were a potential "ransom" strip that either affected access to, use of, value of, or enjoyment of our properties then I guess our mutual views would be very different.

If your shared drive isn't that big does it a matter or wouldn't a friendly agreement, maybe splitting the difference be a better way forward.

IMO and I have seen a lot of plans in deeds, is that when you get housing developments the ink line is not always as definitive as the actual lie of the land. It may be a couple of metres wide by the time you scale it up.

Fraggle25

Thanks. Yes, I've heard about the '12 year rule' from friends but can't find anything specific online.

We do get on well with our neighbours and when they started this they said they didn't want to fall out over it, but to be honest it all seems a bit wishful thinking on their part.

The drive isn't that wide and we both rely on occasionally crossing each other's side and having access over both sides (which, again, we agree we will formalise going forward for both our sakes).

We would both like to have 'more' drive, and we may end up splitting the difference, but their argument seems so weak to me (it was like this when we both bought our properties; it's never been mentioned before; we've lived here for 8 years, they've lived here for 12.)

I'm just trying to find out objectively if they might have a case, especially if the title plan were also to show the line 'parallel'!! Then I can be sure if my ground when discussing it with them.

Norman_Castle

This site may help. http://www.boundary-problems.co.uk/boundary-problems/frontpage.html