Land registry and boundary dispute

moneyistooshorttomention

On a non-monetary aspect, bear in mind that it is as well to treat these neighbours fairly (in whatever way - be it hand that bit of land back or buy them out on it).

That way = decent neighbourly relations.

The other way = your parents are ill and might need to call on those neighbours' help at some point and they will probably not get it if they don't sort this out fairly at this point. That's me being devils advocate again and pointing out that I expected to help my own Naughty Neighbour out if they needed it originally, but they kept on being naughty...and ...insert rest of sentence applicable in those circumstances....:lipsrseal

Isn't it better to be on good terms and know the help will be forthcoming if needed?

harrys_dad

and why does the expectation of being a "good neighbour" not extend to the new people who are trying to filch 8cm of land from people who have lived there 60 years. This sounds to me to be abominable behaviour from people who have only recently moved in.

Mojisola

moneyistooshorttomention wrote: »

On a non-monetary aspect, bear in mind that it is as well to treat these neighbours fairly (in whatever way - be it hand that bit of land back or buy them out on it).

That way = decent neighbourly relations.

Isn't it better to be on good terms and know the help will be forthcoming if needed?

On the other hand, the neighbours could be bullies and, by caving in over a tiny strip of land, the parents could be setting themselves up to future demands - "couldn't believe they handed over those few centimetre without a fight, let's see if they give in if we do X and Y".

The fence has been in place for years without its position being challenged; the neighbours bought the property with the fence in that position; the amount it is out of line is de minimus.

killerkev

xylophone wrote: »

http://www.johnantell.co.uk/adverse-possession-of-land

might be worth a look.[/
Thanks for that I will have to do some reading !!

Norman_Castle

More reading http://www.boundary-problems.co.uk/boundary-problems/frontpage.html

killerkev

harrys_dad wrote: »

and why does the expectation of being a "good neighbour" not extend to the new people who are trying to filch 8cm of land from people who have lived there 60 years. This sounds to me to be abominable behaviour from people who have only recently moved in.

My parents have had good neighours for the past 60 years.
Their fear is now that these city types (nothing against city dwellers !) have moved to the countryside and will indeed start to try to extend more They have tried to see if a compromise could be reached but their reply is just contact us though our lawyers. It may seem a very small amount of land to most and why not just give in , part of me thinks yes give in. But it is not how they wanted to spend the last few years of their life having neigbours saying could not care less if you can get in and out of your car There has not been parking on the land we own before but we are going to create it now and there is nothing you can do about it

moneyistooshorttomention

Ooooh..."city types moved to the countryside"...oh heck....I just have this feeling this isn't going to end well to describe them that way....

Bluebonnie

What the neighbours' surveyor has said is rubbish. I'm surprised someone could qualify as a surveyor with such a poor grasp of basic arithmetic.

Using HMLR plans, it's simply not possible to be certain of the position of the boundary to within 8 cm.

Are there any 'T' signs on the plans to indicate whose responsibility it is to maintain the boundary?
The most telling thing, for a court, is that the fence and its posts have stood there for 60 years.

However, to avoid this issue getting as far as court, parents should state these facts firmly to the new neighbours - if parents are scared surely there is someone in the family assertive enough to do it? Other than that, a solicitor's letter is the next best thing. Soon, before contractors arrive to take that fence down.

moneyistooshorttomention

Errrm...its 40 years, not 60, that that fence was there according to my reading of OP's posts. Either way though...devils advocate time again...that's another comment that could be taken as "putting back up" to mention it, ie as not relevant to the facts as to whether this is or isn't the neighbours land.

To put a "citydwellers" viewpoint:

- either someone has bought and paid for land and its theirs

OR

- they haven't bought and paid for it and therefore it isn't theirs.

"Adverse possession" is a very very unfamiliar concept indeed to many citydwellers and many of us have another word for it entirely.....

again being devils advocate...

I know that, personally, before I moved here I had literally never ever come across anyone trying to use some other persons land and that will be the case for many of us. On the receiving end, it is one heck of a shock to find that this happens.....as in "Am I sure I'm still living on the same planet as I thought I was? Whats this?!!!".

AdrianC

killerkev wrote: »

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 !!

8cm on the ground, scaled at 1:500, is 0.16mm on the plan...