Land registry and boundary dispute

Mojisola

killerkev wrote: »

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

I would take a lot of photos/videos of the current fence with datable evidence (eg. newspaper) and verifiable measurements.

If the neighbours rip the fence out one day, your parents need to be able to show exactly what line it took.

killerkev

moneyistooshorttomention wrote: »

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....

Yes i was saying it a bit tongue in cheek

Norman_Castle

As above take current pictures and measurements and look through old photos. The position of the boundary appears to have been agreed by the previous neighbors for many decades and has been fenced and in use without dispute for decades. I suspect adverse possession would apply here.

Op. Are you still in contact with the previous neighbors?.

killerkev

Bluebonnie wrote: »

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.

There are no T signs Describeing it as a fence is also a bit of a curve ball it consides of 8 or 9 metal posts about 24 inches it height with a chain between They were put up about 40 years ago ( i think wooden posts were first used before being replaced in the 80's with metal ones)

killerkev

Norman_Castle wrote: »

As above take current pictures and measurements and look through old photos. The position of the boundary appears to have been agreed by the previous neighbors for many decades and has been fenced and in use without dispute for decades. I suspect adverse possession would apply here.

Op. Are you still in contact with the previous neighbors?.

Unfortunately they both died within 6 months of each other they bought the house some time in the mid 80's

Norman_Castle

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.

As they have stated their intention it might be wise to state that you dispute their opinion, and believe the current chain link fence is in the correct position. If you don't or haven't responded to this it may be considered acceptance of what they believe.

Mojisola

Norman_Castle wrote: »

As they have stated their intention it might be wise to state that you dispute their opinion, and believe the current chain link fence is in the correct position. If you don't or haven't responded to this it may be considered acceptance of what they believe.

Put it in writing and keep a copy.

Tell them that the fence has been in position for at least 40 years and that they have no right to take it down, replace it or move it.

Errata

Mojisola wrote: »

Put it in writing and keep a copy.

Tell them that the fence has been in position for at least 40 years and that they have no right to take it down, replace it or move it.

They have if it's their fence, and so far ownership of the fence hasn't been made clear.

killerkev

Errata wrote: »

They have if it's their fence, and so far ownership of the fence hasn't been made clear.

The fence posts were put up by my parents and are maintained by them, before that there was nothing to define any boundary everyone got on and if you wanted to park have a picnic whatever you just got on with it (the good old days)

killerkev

Mojisola wrote: »

Put it in writing and keep a copy.

Tell them that the fence has been in position for at least 40 years and that they have no right to take it down, replace it or move it.

I have put my concerns in writing weeks ago but they have not replied just told my parents "what are you going to do???" as 87 year old's not a lot!