Boundary Law

[Deleted User]

I woke up this morning to see that my neighbour is rebuilding the garden walls, and he's noticed that the pillar that's been there since the house was built appears to be about 3" off the boundary. It's not an issue, he's happy to reconstruct on the same line, but it has just set me thinking, how does the law determine boundary positions?

IIRC the deeds don't have any dimensions or datum marked on them, but accuracy dictates that dimensions are marked on a drawing, not measured off it. What is the datum, is it the house? The road? Is the land divided into plots and then the houses built to a plan? Or are the houses built first and then the deeds drawn up around them? What tolerance does the law work to? Is it presumed to be square to the road even if it isn't? Are the boundaries presumed square to the house? Is the house presumed to be square even when it isn't? The rooms in my house are out of square by up to 2 degrees, about as much as the boundary is.

Furts

A long question and many answers...

A typical scenario over the last 50 years is a builder buys a field and has it surveyed - ideally before buying it. This is drawn up as a plan to which is added the footprints of houses, garages, boundary fences, walls, landscaping etc. for approval from the local authority. Hence all boundary dimensions are, in effect, set at this stage.

There is a requirement for certain widths of roads, footpaths, easements, distances between houses, lengths of driveways, sizes of garages, sizes/lengths of back gardens etc.

The sizes of the houses has been determined before they are placed on the plan - hence builders like Barratt are good at this because they have standardised houses dropped onto the drawings for any piece of land anywhere in the country. When all this is taken into account the design gradually follows a logical process.

Whilst the dimensions are not there they are assumed/known and scaled on site - typically 1000mm between houses, 5500 for a drive length, 2000 for a footpath, 5500 for an estate road width etc.

With modern CAD drawings the dimensions are not on the drawing but can be established digitally from the drawing.

Tarnlass

Please help cos its now doing my head in. I live on a hill and my neighbour sits higher than me. He has now built a conservatory on top of a raised patio which makes the conservatory sit 18 foot[ish] high. This is sat that close to my house it is a bit imposing. Found out that they should have had planning permission for the raised patio and didn't get it till long after everything had been built. What are my options if any at all. xxx:mad::mad:

sallyrsm

Wouldn't worry about three inches if I were you. Boundaries aren't worth it.

cyclonebri1

sallyrsm wrote: »

Wouldn't worry about three inches if I were you.

:rotfl::rotfl::rotfl::rotfl:, first time I've heard a woman say that:rotfl::rotfl::rotfl::rotfl:

cyclonebri1

Furts wrote: »

The sizes of the houses has been determined before they are placed on the plan - hence builders like Barratt are good at this because they have standardised houses dropped onto the drawings for any piece of land anywhere in the country. When all this is taken into account the design gradually follows a logical process.

And the 1st time I've heard those 2 words in the same sentence too;)

Gloomendoom

jack_pott wrote: »

I woke up this morning to see that my neighbour is rebuilding the garden walls, and he's noticed that the pillar that's been there since the house was built appears to be about 3" off the boundary.

How does he know?

[Deleted User]

Gloomendoom wrote: »

How does he know?

He's taken a line from the edge of the paint in the middle of a semi, projected at right angles across the front garden. That begs the question whether the paint edge is in the centre of the semi, in addition to all the other questions in my OP.

As I said above there isn't an issue, I'm just curious, he's quite happy to leave the pillar where it is.

I thought I had photocopies of the deeds, but I can't find them, so I don't know if they're actually as devoid of measurements as I think. As I said above I don't know what tolerances boundary law works to, and if I were being cynical I might wonder whether boundary lawyers do either. Judging by the documents below, it laughable to think anyone could accurately define a boundary position from information like this:

http://www.tracemyhouse.com/uploads/7/3/5/0/7350256/9957088.jpg
https://users.bathspa.ac.uk/batheaston/images/BE031/hires/Planfromdeeds.jpg
http://static.squarespace.com/static/527a5c06e4b058cc327d6cc1/t/527b799de4b0604afe1eef38/1384289113785/Title%20Deeds.jpg
http://fence-supermarket.co.uk/fence-news/wp-content/uploads/2014/08/title-deeds-final.jpg

DRP

jack_pott wrote: »

I thought I had photocopies of the deeds, but I can't find them

Download from Land Registry website - about 4 quid.

EmmyLou30

Usually it's just a line and no measurements on modern plans. Mine just shows a dead straight line betweeen me and next door so when we replace the fence next year (23 years old - still the original) we'll just be sure to put it back in the same place. Can't do anymore than that really can you. I can only assume the neighbours all did the same before I bought the house as all the rest are replacements, I've no proof and just have to accept the boundaries as they are when I purchased the propery. A foot either way isn't going to be proveable.

[Deleted User]

DRP wrote: »

Download from Land Registry website - about 4 quid.

No need really, I could just go and ask my solicitor to dig the originals out of his vault.