land boundaries issue

LittleMax

pilavas wrote: »

Ok guy quick update,

Juts got a letter through my door from my neighbour.
He is now suggesting a land survey to be done and he will respect the surveyors decision on the matter. I think this is progress however If the surveyor determines that the boundary in in the wrong place what happens next, do we just agree what the land surveyor says and put the boundary back to it original state ?

I mean the boundary has been there for over 12 years will the surveyor take that into account ?

You mentioned your solicitor suggested a survey, so what does your solicitor say?

The_Real_Cheddar_Bob

This happened with my parents house. Both council tenants and the neighbours built a carport in a drive similar to the op's photo.

The council solved the dispute, although we never made the dispute known to the neighbours, they built boundary fences at every house in the street, when they came to ours, they put a fence right down the middle, car port and all, it matched every other property and therefor made sense.

a surveyor may also think this way

pilavas

LittleMax wrote: »

You mentioned your solicitor suggested a survey, so what does your solicitor say?

Will speak with him on Tuesday, This whole thing is a mess and as far as I'm concerned the boundary has always been there as far back as the 1960s. the earliest picture I have is the 1980s which should be good enough.

In a way I just want to put an end to this, It's so stressful dealing with all this, but I think its progress that he is now corporating.

Pricivius

pilavas wrote: »

Ok guy quick update,

Juts got a letter through my door from my neighbour.
He is now suggesting a land survey to be done and he will respect the surveyors decision on the matter. I think this is progress however If the surveyor determines that the boundary in in the wrong place what happens next, do we just agree what the land surveyor says and put the boundary back to it original state ?

I mean the boundary has been there for over 12 years will the surveyor take that into account ?

IF the surveyor is prepared to give a definitive decision, you can apply to the Land Registry to delineate the boundary. You need to fill out a form, pay a fee, both confirm that you agree to the surveyoir's findings and submit a plan drawn up by the surveyor which describes exactly where the boundary sits. This then sits on both your entries on the Land Registry and the matter is concluded.

BUT be aware that a surveyor may not be prepared to give a definitive answer. If he will only state his findings with 65% confidence, will this be good enough for your neighbour?

You should both be able to provide submissions to the surveyor, setting out all your documentary evidence. You should both meet with the surveyor on site, preferably separately, to discuss the boundary and point out the relevant features and where you each think the line sits.

pilavas

I will have to claim adverse possession on this one may be if the surveyor feels the boundary is in the wrong place, but the current fence has always been there since the houses were built how else can the surveyor determine the exact location ?

I know it can't be an exact science, as you are just going with whats on the ground and the surroundings etc...

But I know if the surveyor thinks the boundary is in my neighbours favour my neighbor will just rip it up and re adjust to his liking.

Seanymph

Surely abiding by a surveyors decision is no different from abiding by a judges decision - except it's cheaper!

If the neighbour is prepared to abide, get him tied into it, get a surveyor, and get it over with.

LittleMax

pilavas wrote: »

I will have to claim adverse possession on this one may be if the surveyor feels the boundary is in the wrong place, but the current fence has always been there since the houses were built how else can the surveyor determine the exact location ?

I know it can't be an exact science, as you are just going with whats on the ground and the surroundings etc...

But I know if the surveyor thinks the boundary is in my neighbours favour my neighbor will just rip it up and re adjust to his liking.

But the fence can't have been been in its current position since the houses were built, otherwise why did the previous owner need to apply for extra land from the neighbouring property in 1979...

pilavas wrote: »

I called the previous owner who was also stunned at what was happening and confirmed that he went to the council back in 1979 to apply for extra drive side land which was granted, he told me he got a solicitor to do all the work for him which was granted.

When the previous owner bought the property off the council he decided to apply for more side space from the other property as it was council owned.

moneyistooshorttomention

LittleMax wrote: »

But the fence can't have been been in its current position since the houses were built, otherwise why did the previous owner need to apply for extra land from the neighbouring property in 1979...

True.

....and it still strikes me as such a wierd thing to do - ie for the previous owner to "apply for" extra side space. Well - wierd/selfish/etc. Basically it says that the last owner decided he could manage to get some of next door's garden by "applying for" it to the Council. I just wouldnt have thought a Council would transfer a little bit of garden on one of their houses to another one of their houses - ie why would they?

Either OP has the written proof that the Council granted this odd request or he doesnt. If he has written proof that the Council gave this bit of land to OP's house donkeys years back - then he has proof it's his (though it wasnt in the first place) and just shows that to neighbour and that's the end of it.

Or he doesnt have proof and neighbour is correct and land is still his and that's the end of it. Neighbour isnt going to believe that his land is no longer his without that proof - and who can blame him.

pilavas

moneyistooshorttomention wrote: »

True.

....and it still strikes me as such a wierd thing to do - ie for the previous owner to "apply for" extra side space. Well - wierd/selfish/etc. Basically it says that the last owner decided he could manage to get some of next door's garden by "applying for" it to the Council. I just wouldnt have thought a Council would transfer a little bit of garden on one of their houses to another one of their houses - ie why would they?

Either OP has the written proof that the Council granted this odd request or he doesnt. If he has written proof that the Council gave this bit of land to OP's house donkeys years back - then he has proof it's his (though it wasnt in the first place) and just shows that to neighbour and that's the end of it.

Or he doesnt have proof and neighbour is correct and land is still his and that's the end of it. Neighbour isnt going to believe that his land is no longer his without that proof - and who can blame him.

Regarding the earlier comment it was not actually applying for extra land, It was planning for a garage but in 1966 which was granted and he built it however the council gave me the planning application for this which was rejected, but can't find anything else on file.

The previous owner is 84 years old he put the fence up in 1966 using concrete post which we never moved and always replaced using new fences attaching them to the concrete posts all the time.

I am just the innocent one here and the fact my neighbour decided to remove my fence the day after the previous owner moved out shows he knows what he is doing is wrong.

I will be getting the survey done next week and If I have to go to court to resolve this once and for all.

pilavas

I'm just the innocent party in all this, Surely the law has to protect people like us, I have evidence the boundary has been there as early as 1980,

What else can I do ?

If I give in to this now he will also claim the back and more in the front until I no longer have any more land left lol