land boundaries issue

pilavas

All I have at the moment is the ordnance map showing the garage and clearly should have the drive way along with it and some areas of my title deeds are crossed out especially where is says something about shared pathway.

I also have a letter from the solicitors dated back 1979 mentioning the submission of the amended plan application.

But what annoys me most is that he has lived here for 8 years and only when I moved in he decides to move the fence which I own.

The fence has been there for over 30 years, I'm sure he can't just reclaim land that layed unclaimed for that long.

moneyistooshorttomention

When you say "title deeds" - I presume you mean the original title deeds. However - I presume you have a modern-day Title Plan as well?

What does that say?

NB; Have you got a copy of neighbours Title Plan? (Only costs a few quid to get it from Land Registry).

pilavas

Both our title plan are the same, we have a straight line and he is trying to make it crooked or worst He may even break the rear concrete wall.

I Only just moved in and he has been here for 8 years why you think he would wait for a new owner to make his move ?

Clearly he knows he is wrong, I cant just allow him to have 12 inches of land next thing he might even take my parking space too.

If I go by what he is saying that would mean he owns part of my garage as well that been here for over 30 years lol. Thats just madness !

Also since he is a polish builder he is able to get a group of builders and just remove my entire fence and replace it within a day. I just can't let that happen.

pilavas

Hello all,

Quick update to the boundary dispute, I have managed to do some further research and with the previous owner's help I got a sworn statement done with pictures dated back to 1980 and 2008 showing no change to the boundary.

However me thinking that showing my neighbour this legal document with exhibits all attached would sway his mind, to my surprise it did not.

He now want to go to court and will only appoint a solicitor when I send him court papers. When I heard this I then realised that I am dealing with a thick! man.

I tried to be nice and resolved this delicate situation amicably. he also claims that the previous owner gave him permission to build an extension this time not a wall.

I really don't know how to make this person understand the law.
My solicitor has advised to get a survey done before we go court.

will update you all soon.

moneyistooshorttomention

Personally - I'd only spend money on getting a survey done if and when you find it is actually going to Court.

I guess you've spent some money consulting your solicitor as it is. Well - it is a form of harassment for a neighbour to get you to spend YOUR money on his determination to find someone to be bl*ody-minded with imo. Do you really want to let this character keep spending your money for you in effect?

From what you say - it does sound like an "open and shut case" in your favour. He may be thick (quite possibly is.....) but he might have a more intelligent friend that will explain the "facts of life" to him.

At the moment - for all you know - he could be (probably is) bluffing.

silvercar

Decades ago one of the previous owners of my home bought a strip of land adjacent to my home in order to widen the plot. It is shown on the deeds in a different colour, so you can clearly see the original plot and the extra strip bought.

pilavas

Gonna wait for him to make the next move and yes I don't want to keep wasting money on this since he destroyed my fence.

I just moved in that house and the following day he removes part of my boundary fence.

the reponses I get from him makes my blood boil. He now tells me that he had already discussed the boundary issue with the previous owner who I am in full contact with.

But with the affidavit I would win the court case. I just can't believe they can get away with this kind of thing.

Mossfarr

You have not clarified that the next door property is no longer a council property and is privately owned (unless i've missed it)!
If the property is still owned by the council then you need to speak to them. They would be able to tell their 'tenant' to stop what he's doing as he will be in breach of his tenancy ie causing nuisance/ damage to his neighbours.
Ignore this if the neighbouring house is privately owned!!

pilavas

Mossfarr wrote: »

You have not clarified that the next door property is no longer a council property and is privately owned (unless i've missed it)!
If the property is still owned by the council then you need to speak to them. They would be able to tell their 'tenant' to stop what he's doing as he will be in breach of his tenancy ie causing nuisance/ damage to his neighbours.
Ignore this if the neighbouring house is privately owned!!

Hi,

It's privately owned, Don't think the guy can read english.

moneyistooshorttomention

pilavas wrote: »

Gonna wait for him to make the next move and yes I don't want to keep wasting money on this since he destroyed my fence.

I just moved in that house and the following day he removes part of my boundary fence.

the reponses I get from him makes my blood boil. He now tells me that he had already discussed the boundary issue with the previous owner who I am in full contact with.

But with the affidavit I would win the court case. I just can't believe they can get away with this kind of thing.

Well you've found out he seems to have lied re "discussing it with the previous owner". So that goes to show you can't believe anything he says then...

Re removing part of your fence the day after you moved in - I think it's pretty standard practice for nfh's to "leap in fast/leap in hard" on a new neighbour. That being in order to try and establish at the outset that they are "in charge" and new neighbour (ie yourself) should do what they want. I've been in that position myself - ie of neighbours of current house trying very soon after I moved in to "lay down the law" that things were going to be their way. It didn't work.

In fact - as time went on, I steadily tallied up the number of lies I found they were telling me - as other people/the Deeds of my house/etc told me things were different to what they said.

Good luck.