Boundry dispute with title plan

cc051079

Ok so we are having a problem with our neighbour regarding the boundry from our house to the middle of the garages as we have a shared drive. Our plans shows use it runs from the corner of our house to the middle of the garage. They seem to think this is wrong as they have something with land registry on showing exact measurements from 1952.
We then got a copy of the plans and title from the land registry which shows what we think and the land was re registered in 1977.
They are still saying we are wrong and stand by their drawings from 1952. Is this correct as the land was re registered in 1977? Should anything with measurements show a date after 1977?
I'm not sure where to get anything with measurements on which is what they are asking but I think that they need a more up to date plan.
Any help will be much appreciated

justjohn

yes and no....lol


unsure if you are in Scotland or England


land registry was updated in the late 70's (Scotland)
Some people took advantage or the deeds were incorrect when put on new system.
there should be a bona-fide change of title if plans are changed
conflicting titles are a mine field.
if they have an older title that you or land registry disagree with, then there should be some evidence of change of title.(throw in adverse possession and prescriptive easements, it gets even more complicated lol)

cc051079

We are in the uk.

The plans show when it was registered in 32, change in 77 and us in 07.
Their 52 plans aren't shown. We just wasn't sure that as it was re registered at land registry in 77 should they have something else dated from 77 onwards to check measurements? Have googled it for days but it's a grey area. Gov website says no where hold exact measurements! Confused!

princeofpounds

The question wasn't if you were in the UK or not! Scotland or England? Different legal systems, you see.

(Or Wales or NI or wherever)

justjohn

I am only aware of the rules in Scotland.... if you have deeds from land registry that state that you own what you think you own. then it is up to your neighbours to take you too court/land registry.


Scottish deeds have an Ordinance survey plan. this may not state exact measurement however boundaries can often been seen.


land registry may have a copy previous deeds transferring some land to your title.


what is your neighbour suggesting? if you have clean title from 1977, there is not much they can do until they take you to court. if they have not got a newer title than 1952, they should register/update title. Land registry should knock title back if it conflicts/refuse to register.(assuming you have clean title)

justjohn

simple explanation English law (England)
http://www.lyonsdavidson.co.uk/news/1624/drawing-the-line-in-boundary-disputes

G_M

cc051079 wrote: »

We are in the uk.
answer the question!

The plans show when it was registered in 32,
I very much doubt the property was registered with either the English, or Scottish, Land Registries in 1932. Please confirm what document you are looking at.

change in 77 and us in 07.

Their 52 plans aren't shown.
So what exactly are these Plans? Who drew them up? Why? Registered/recorded where? By who?

Gov website says......

Which government?

justjohn

G_M wrote: »

Which government?

I have copies of dispositions/deeds for a property I have just bought going back to 1902. (Register of Sasines).

Even under English land registration there may be copies of old deeds. However they may be superseded by newer deeds were land has been chopped up or sold off. Making them more or less null and void.

cc051079

We are in England. We have everything from when the house was built. I have land registry from when it was bought by the first owners. I have another from oct 77 when it was bought again and it shows exactly the same as the original.
I bought the most recent from land registry which shows in dec 77 the owners re registered the land and with agreement from both houses to use the share drive and shows the red line from the corner of our house to the middle of the garage.
I'm not sure what it is they have as we can't get a copy. It's a close up of their house and has measurements the distance from their house to centre of garage and from their house across to where I assume our property starts. They seems to think that our boundry runs straight from our house before it veers towards the garage as at some point there was a garage closer to our house.
I just think that if the land was re registered in 77 with land registry as it shows then surely the measurements they have from 52/53 mean nothing?
They are quibbling over maybe 30cm!?!
Will anything in our deeds from the bank show measurements?

moneyistooshorttomention

As I have a neighbour who will quibble about literally inches:rotfl:, I can well believe a quibbler about 30 cm.

I would say the latest info. holds - ie those 1970s ones. Anything before that is just "historical info" as to how things used to be.

The basic tenet, as I understand it, is that Land Registry want people to have "certainty" as to exactly what they bought. Yeh...and then they go on to have "general boundaries":cool:, but that's the general idea.

Go by the latest one you have, ie December 1977. Give your neighbours a copy of that and say "That is IT and the end of it" and ignore any further goes at you they have.

I've basically had to do the same to my nfh and say "Any land that I have 'bought and paid for' and so did the previous owner of my house and that LR has recorded as being mine IS mine....now !!!!!!". They still mutter/moan/play silly beggers about it if they see a chance, but they've had to just "like it or lump it", as it isn't theirs and never was (or, in your case, it was all sorted out fairly and peacefully between owners of your respective houses and that stands as fixed now).

Ignore them. They are doing a try-on.

cc051079

Thanks moneystooshorttomention!
This is what our feelings are but all they keep on about is measurements! They have some so where are ours!
They say they have been on land registry and have a copy but 'that is what it looks like but without measurements it's wrong!'
They can't seem to get their heads around that in 77 all changed which makes the 52 measurements they have void!
Ignorance is best I think!