land boundaries issue

pilavas

Sorry guys need to remove the pics now

pilavas

On the last picture not sure If you can notice the fence across the road is not aligned, but there is a reason for this my property walls and the property opposite me are out by around 50 cm which why the fence is not in a straight line. I tried to show him but he did not want to listen I am dealing with one stubborn mf.

However in light my new evidence it did spook him a little as he was shouting in his house and went straight outside to make a phone call.

He wants me to take him to court and I will and I know I will win this and i'm sure he does too.

exiled_red

From the first set of pictures (pic 3) is the back wall (the one with flowers growing through the boundary wall, in which case, your garage is a breezeblock width on to your land, with what should be a gap between the two propeties? If this is correct how close is your neighbour's extention to your garage/boundary? From the pictures posted I can't tell if there is a gap, if there isn't a gap and there should be I guess that means that part of your neighbours extension is on your land. If that was the case I can see why the neighbour might think the boundary is the line between the garage and the extension and that the fence was in the wrong place (assuming that the extension was there before he moved in). If there is a gap it definately seems like he is trying it on. Obviously he should have looked at the deeds/land registry but in situations like this people are rarely that rational.

LittleMax

What have you managed to get from the Council? I presume this house was an early RTB, and prior to purchase, the area between the two houses would have been shared driveway, all owned by the Council. So, on selling the land this would have been the first time the plan would have been drawn up as to what was being bought and registered. I'm not clear from what the previous owner is saying though, as to whether they acquired the wider drive as part of their original purchase of the house, or whether they acquired it as a separate transaction later. Have you tried to obtain information from the Council's RTB and legal departments (I would try both)?

I can see why the neighbour might think that he should have an equal right to drive over that section of drive to a garage on his land. This is a fairly common arrangement with ex local authority houses where they each have a garage and a single width driveway between the houses. I could therefore understand removing the fence altogether, but replacing it with a central wall or fence does not make any sense at all.

pilavas

exiled_red wrote: »

From the first set of pictures (pic 3) is the back wall (the one with flowers growing through the boundary wall, in which case, your garage is a breezeblock width on to your land, with what should be a gap between the two propeties? If this is correct how close is your neighbour's extention to your garage/boundary? From the pictures posted I can't tell if there is a gap, if there isn't a gap and there should be I guess that means that part of your neighbours extension is on your land. If that was the case I can see why the neighbour might think the boundary is the line between the garage and the extension and that the fence was in the wrong place (assuming that the extension was there before he moved in). If there is a gap it definately seems like he is trying it on. Obviously he should have looked at the deeds/land registry but in situations like this people are rarely that rational.

He is a polish builder and he built the extension when he moved in 8 years ago, I have pictures to prove this. He is just trying it thinking new owner won't say anything. Also I hate to say this it might be a racist thing I am Indian and previous owner is white.
He never bothered them at all infact he was helping them remove rubbish from there garden etc ...

He also had an issue with his neighbour on the other side when they change the tiles on the roof.

pilavas

LittleMax wrote: »

What have you managed to get from the Council? I presume this house was an early RTB, and prior to purchase, the area between the two houses would have been shared driveway, all owned by the Council. So, on selling the land this would have been the first time the plan would have been drawn up as to what was being bought and registered. I'm not clear from what the previous owner is saying though, as to whether they acquired the wider drive as part of their original purchase of the house, or whether they acquired it as a separate transaction later. Have you tried to obtain information from the Council's RTB and legal departments (I would try both)?

I can see why the neighbour might think that he should have an equal right to drive over that section of drive to a garage on his land. This is a fairly common arrangement with ex local authority houses where they each have a garage and a single width driveway between the houses. I could therefore understand removing the fence altogether, but replacing it with a central wall or fence does not make any sense at all.

There was never a shared drive way, from what the previous owner who lived there since the 1960s told me there was a shrubb covering both sides and acting as a boundary, he then spoke to the council to cut the shrub back and agree to build a garage, the council provided me with a copy of a planning application regarding a garage to be built back in 1966 which was rejected on the ground that the calculations were wrong, but since then the garage was built and have had no complaints till 1 month ago.

LittleMax

pilavas wrote: »

There was never a shared drive way, from what the previous owner who lived there since the 1960s told me there was a shrubb covering both sides and acting as a boundary, he then spoke to the council to cut the shrub back and agree to build a garage

So what was the solicitor's involvement? A solicitor wouldn't be required for just cutting back a shrub...

pilavas wrote: »

...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.

Edit - when garage was built the previous owner was a council tenant. Hence the permission to cut back the shrub and build a garage.

What date did they buy the house from the Council?

What date did they acquire the additional driveway? What documentation does the Council hold for this? Either in their RTB or legal dept or both?

Having a garage does not automatically mean a wider drive to access it. But if you can get hold of these documents it will hopefully help in proving your case.

pilavas

The previous owner was a council tenant since the 1960s and bought it from the council in 1980, I have some paper work on this. He also asked a solicitor to submit planning application for the garage but unfortunately I only have a letter date back in the 1980s from the solicitor submitting the application.

I ask the law firm for any paperwork on this but they only keep it for ten years, the council had nothing in this which is why the previous owner sign an affidavitt to coonfirm that the fence has never changed in the past 30 years I have the pic above with the owner in it confirming this.

What is RTB ?

lee111s

Right to buy

exiled_red

pilavas wrote: »

The previous owner was a council tenant since the 1960s and bought it from the council in 1980, I have some paper work on this. He also asked a solicitor to submit planning application for the garage but unfortunately I only have a letter date back in the 1980s from the solicitor submitting the application.

I ask the law firm for any paperwork on this but they only keep it for ten years, the council had nothing in this which is why the previous owner sign an affidavitt to coonfirm that the fence has never changed in the past 30 years I have the pic above with the owner in it confirming this.

What is RTB ?

RTB - right to buy