land boundaries issue

Cakeguts

I don't know if this helps the situation or not. The way it looks to me is that sometime in the past the tenant of your house wanted to move the boundary because they had a car. If this happened well before 1980 I can imagine that the council gave permission for the boundary to be moved with the agreement of the next door neighbour who probably didn't have a car. So that boundary has probably been in that position for many many years. The fact that your next door neighbour bought his house with it in that position means that he accepted the boundary where it is. He didn't buy a house with a mobile boundary fence he bought a house where there isn't room for a car to go down the side. The fact that all the other houses in the road have fences down the middle doesn't make any difference to your neighbour. If he had wanted one like that he shouldn't have bought the one he has. If your neighbour thought that the boundary was in the wrong place he should have brought it up with the solicitor who did his conveyancing. Now is too late since you have evidence that the boundary has not been moved since he bought his house. What is shown on the plans is nothing to do with it because he got what he bought.

pilavas

Hey all,

Guy is still being very stubborn, denying all knowledge of my evidence.
Decided to pay for a survey and get it out of the way, surveyor is coming tomorrow 1030 am. I have already met with the surveyor and upon looking at all the evidence I have he said It's in my favour and the fact that I have the estate agents brochure clearly shows the garage and mentions it is actually a garage means I am in a good position.

Will update after survey is complete, either way we will still be going to court.

moneyistooshorttomention

I wouldnt feel very confident about relying on EA's particulars for the house personally.

I've kept mine as well - just in case.

But - there is always a form of "weasel words" that EA's put on those particulars to effect of "not to be relied upon". Basically - that means they've covered their backs against a buyer being able to use those details to give them any legal clout if it comes to it.

Davesnave

My neighbour has a garage.

She's not been able to drive a car into it since about 1999, when she gave up the right to the access which allowed her to do that. Goodness knows why!

That's how these things happen; an agreement between two neighbours and nothing on paper.

You can bet I had everything that these people agreed made into a deed of variation before I agreed to exchange contracts.

Chanes

Could you help me with the survey part of your strategy? What is being surveyed and how would it help you? I'm sorry you are in this dispute, it is your home and you should have peace there!

pilavas

Chanes wrote: »

Could you help me with the survey part of your strategy? What is being surveyed and how would it help you? I'm sorry you are in this dispute, it is your home and you should have peace there!

TBH i have no idea what the result will be.

I know if the survey come backs against me then I will have to go court to prove myself. But I can't see any points on the ground that show the boundary ever changing for the past 50 years.

and the surveyor also said it looks highly doubtful the boundary's has changed.

As for the estate agent brochure the main thing in it is the picture of the boundary fence which was taken before I moved in by a third party who has no interest in the matter.

The main thing would be and i'm sure the judge would realise why he removed the fence the day after I moved in.

I think the fact he only removed part of the fence means will just need to measure the front and the back to determine the exact boundary line.

Chanes

It seems to me that the survey could be subjective in that the comment 'well, he got what he paid for' as a counterargument if it was favourable to you. It does seem your neighbour's actions are contrived but it's a gamble on how the law will view your argument. But I understand a fight based on a principal and I understand how it must niggle you so much you cannot let go of it.

Boundary disputes are like horror stories for homeowners.

BISCUIT1

Hi, I was just wondering how you got on with the surveyor? I have subscribed to your thread and am watching how this unfolds and rooting for you. I got back off my holidays last week to find one of my neighbours has stuck a metal stake in the corner of my pony field and appears to be claiming he owns about a foot and a half into my field behind the fence he put in a few years ago..I wouldn't mind but I had leant him my post rammer as a favour and it appears this was what he was borrowing it for...unbelievable! :rotfl::( He's not back from his hols yet so will see what reaction I get when he sees I have removed it! Good luck as I think we are both going to need it! x

pilavas

Hi Biscuit1,

I feel for you, can't believe such people actually exist. As for my end survey was done and is in my favor, I have had a copy of the survey report mailed to him through my solicitor and a notice to reinstate mt fence back to it's original state within 14 days.

TBH I think he will buck down and put the fence right If he doesn't He knows I will go court, I think he just wanted to see how far I would go and If I just buck down he would have won and got my land for himself,
But You can't let these slimey slugs win !!!!

The thing with my situation is there are no exact measurements and the surveyor would look at the OS map and determine the rough measurement within a given span or length OS maps give more details on this.

So hopefully within the next 14 days I will have my fence back, If not court will be the next step.

I feel for you biscuit especially your pony field!! Good luck and always happy to help.

alan0356

From bitter past experience avoid getting solicitors and courts involved - we lived in an old victorian house for 5 years and spent £75,000 on renovating it only then for a new neighbour to take us to court after 3 years of disagreement re drive that went pass our houses - we ended up in court for 3 days - we lost and were left with legal bill of £96,000 because not only did we have to pay our own solicitor costs of £30,000 the judge agreed that we had to pay the other side solicitors their fees which were then doubled because the solicitors were no win no fee solicitors !.

Then our solicitor wasted another another 2 years advising us not to pay the other sides legal bill as he was negotiating a lower amount - in the end his company went bust and he extorted £14,000 out of us - took 9 months to get the money back through Solicitors Regulation Authority compensation fund.

Ended up giving evidence at his Tribunal ( which he did not attend ) and had the pleasure of helping him get struck off !

British justice ? - don't believe it - we had £50,000 legal cover that paid out but still left us £46,000 out of pocket - ended up renting property out for 5 years and eventually sold it for what we paid for it 10 years later ( therefore not only lost £46,000 in legal fees also lost £75,000 spent on renovations )

Therefore if you can settle in a friendly way please do.