can boundary lines be "offset" so that garage overhangs boundary line?

Grimbal

My neighbour is convinced that all our boundary lines are sort of staggered so that the actual boundary line is NOT along the side of our garage, but more running inside our actual garage.

He states that the boundary line can be determined by the cement line on the ground whereas I am of the opinion that the boundary line should be determined by the most permanent physical structure on the land - the garage wall.

Seems a bit odd to me. Land registry map is not defined enough for this sort of measurement, and I would ave thought that it would make more sense for it to run along the garage wall, but he is adamant.

He will have to reinstate a fence panel shortly, which will abut the back face of our garage by a good few inches.

Not particularly concerned, just idly wondering if anyone else had heard about this sort of thing before?

keystone

Its possible but you won't be able to fix the position of boundary line to within at least 9 inches from the LR records.

The balance of probablilty says he is talking abject nonsense though. If the properties were built at the same time then your logic is correct. Why is a couple of inches so important to him? (perhaps you shouldn't answer that!)

Good neighbourliness dictates he puts his fence in line with the wall.

Quel plonquer!

Sorry - can't be more help than that.

Cheers

Grimbal

thanks for the reassurance that I'm not going mad!

He has the great personality combo of control freak & chronic fretter. As he is utterly convinced of his own correctness, I have no doubt that the fence will go back about 4-6" over from the side of the garage. I still dont know exactly how much yet & whether it's something i should be worried about, but thought I'd gauge opinions first

GlynD

Grimbal wrote: »

thanks for the reassurance that I'm not going mad!

He has the great personality combo of control freak & chronic fretter. As he is utterly convinced of his own correctness, I have no doubt that the fence will go back about 4-6" over from the side of the garage. I still dont know exactly how much yet & whether it's something i should be worried about, but thought I'd gauge opinions first

I would oppose him doing this because he is altering the boundary line of the property as it was when you bought it. (I'm assuming). If he does this it may present problems for anyone purchasing the house in the future. It may even cause problems when you try to sell it. He cannot change the boundary lines without permission from the courts.

Grimbal

Ah, he actually wont be altering the line that's been in existence already

give me a sec & will draw a diagram

here we go:


our house is to the left. It's our garage in the pic, and his property is to the right of the line. We've removed our shed which has necessitated the continuation of the fence






As I mentioned, I'm not particularly worried, just wanted confirmation he was probably talking rubbish ! The fence line has been in situ a while, and I'm fine with that, it's just that I dont like being condescended to and told that its been sited there purposefully when in reality it's more likely it's just "drifted over"

ormus

if the garage has been there twenty yrs, theres nowt he can do about it any roads.
as been said, house deeds do not show any great accuracy regarding boundaries.
mine are printed on an A4 sheet of paper. theres no way you can state for certain where the actual line is.

GlynD

I'd be preparing the toe of my boot by now to sink it into his gluteus maximus.

Grimbal

yup, i know - garage there since 1958. Fence for 15 yrs? It's (technically) us losing out on the strip of land, which I'm not that fussed over. Just intrigued about his reasoning that the boundary line was determined by the strip of concrete on the ground as opposed to the side of the rather permanent garage. I actually think hes worried that we'll make him move the fence line back, which is why he's coming out with this rubbish

anotherbaldrick

If the garage has been there that long you have title to the land it sits on by Act Of Pescription.
SEE.http://www.bloemfontein.co.za/docs/Prescription-Act.pdf

27col

It is virtually impossible to determine exactly where a boundary line is situated. They are just lines on a very large scale map. I doubt whether even a qualified surveyor could specify accurately, exactly where a boundary is situated.

iamcornholio

Boundary lines are imaginary, and not governed by walls or fences etc - although the wall/fence may be on the boundary

Typically, a domestic boundary will run more or less straight between two properties or curved along a defined feature, such as a footpath

In the OP's case, it would not be normal for a boundary to be staggered around a shed and garage. It would seem that the boundary may well be more or less straight, and that the garage has been built over the boundary. In such a case, the OP would not have actually acquired good title to the land, but may have instead gained an equitable licence for the garage to remain on the neighbours land, but if the garage was ever removed, so would be the licence