Land registry and boundary dispute

killerkev

Hi hope some one can help me I am posting on behalf on my elderly parents who have lived in the same house for over 60 years. There has been a low level chain fence between two properties for at least 40 years most likely longer there has never been any dispute with previous owners. Now the new owners have produced a surveyors report which draws on a 1950's title plan which they state shows that the posts encroach on their land by 8 centimeters and that they intend to remove the chain fence and erect a fence in the correct position. It may seem a small amount but even that small amount will impact on the ability of my parents to park a car easily (as they have done for decades) The new owners want to create a new parking space besides their property where there has in the past never been parking beside the house ( garage and extra parking spaces over the road, no parking for my parents over the road just beside their house) The land is a very irregular shape at its narrows point 5.8 meters wide.
I don't know much about Adverse Possession but after such a long time surely the boundary cannot be moved????
Any help most welcome!

pinkshoes

What do their own deeds state? I didnt think deeds could be accurate to 8cm...

I would take a load of photos of the chain fence that has been there for 40 years. This will help any dispute.

killerkev

Their own deeds(1:500 scale) just show the boundry line as a dotted line dividing the land in half (no measurements) The surveyor even states that one has to accept the limitations of trying to scale 1:500 plans, but he has taken measurements at different points and in his opinion the chain fence is 8 cm out of position !!

Mojisola

What measurements can be taken from the deeds will be over-ruled by the length of time the fence has been there.

killerkev

Thanks that what I thought but the new owners are a couple who will throw money at the problem

dimbo61

" The surveyor " Who paid for the surveyor?
If you measure the land between the two properties where is the half way line!
Have a look on Garden Law


http://www.gardenlaw.co.uk/boundaries.html


Hope this helps

G_M

It sounds like legal advice will be needed to contest this and stop the neighbours just starting work.

If they are relying on 1950s Deeds, what do the neighbours' current Land Registry Title Plan show?

£3 here (seems to be offline at present)

Have you seen /got a copy of these 1950s Deeds? You'll need them in any dispute.

See also

https://www.gov.uk/your-property-boundaries

losgiganteskid

If your parents have a contents insurance policy covering their belongings in the home they MAY have purchased an "add on" legal expenses insurance which will mean they will have possibly up to £50,000 worth of legal expenses cover to fight issues such as these.

moneyistooshorttomention

Will watch this one with interest, being the "other side" of this and it's a very sizeable bit of my garden involved - though, in fairness, your parents probably didn't realise that their builder hadn't been exact in what he did, whereas my neighbour knew exactly what she was up to.

I shall be having some work done on my boundaries at some point and I shall make very very sure indeed my builders do it to the exact centimetre of what I own (because the adjacent neighbours nearby aren't in the slightest bit concerned...but future owners of their properties might be...and hence I will be very very exact indeed that there isn't one tiny little iota of intruding onto someone else's land just in case). One of my (decent) neighbours has told me verbally words to the effect of they aren't bothered at all...but I will be out there making sure my builders are being very precise in things. I'd much rather my builders thought "Ohmygawd...she's out here with her measure checking just where we are putting things" than some future neighbour having a (quite possibly justified) go at me because the builders screwed-up.

Errata

It may seem a small amount but even that small amount will impact on the ability of my parents to park a car easily

8 cms isn't a small amount, it's a miniscule amount and not worth being bothered about.

caprikid1

Sorry but if 8cm is going to make such a difference to them parking they are either still very capable drivers or should not be driving.


8cm's is an amazingly small amount to discuss. It is not even the width of most posts.


I would suggest that if they want to erect and expensive fence 8cm difference let them get on with it.


This land could make Kensington west London prices by the time it is sorted.