land boundaries issue

moneyistooshorttomention

pilavas wrote: »

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.
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I'm not following why you think this would be racist in the circumstances - unless you are trying to say you think a British neighbour would have been treated better by him?

LittleMax

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 ?

So the garage was built in 1980 and replaces the earlier garage from the 1960's? But even so this will not prove how wide the drive is and who it belongs to.

It looks to me as though years ago person who rented your house had a car and next door neighbour didn't so wasn't bothered about the person in your house having more of the drive.

I can't see the houses opposite very clearly from the photos but it looks as though they have a hedge in the middle. Presume others in street are similar.

I can see why your neighbour would believe the boundary should be reinstated back to the middle - but he is probably unfamiliar with adverse possession and English property law.

Davesnave

To be fair, I doubt if the majority of people born in England and Wales have a clear understanding of our property laws, but many, from all nationalities, consider a pre-emptive strike the best option if they're in a position of weakness.

The neighbour has no garage, so it might seem there's very little for him to gain here. I'd guess he wants to put his motorbike closer to the house and still walk past it, but that is just a guess.

To be honest, even with the OP's original drive, I'd not want to access the garage by car every day either. Like many people, most cars have become somewhat broader in the beam since the 1960s!

pilavas

He was just trying his luck, I mean why wait until new neighbours move in and then strike ?

He thought I would be a soft target and since I am new wouln't be bothered but I am very bothered at his aggressive handling of the situation.

Guys You can't just let someone walk all over you and get the better of you, I went through hell to buy a house and now this !!!! turns and claims something that's not actually his ?

He is going by whats on his title plan, a straight line between our two houses and the two opposite but It also shows on the title plan that the houses are also in a straight line but it does not reflect whats on the ground.

I tried to explain all this to him also the fact that he cannot use the title plans on the deeds as an accurate measurement of the boundary. That's all the evidence he has why did he wait 8 years to start the work on the day after I moved in.

pilavas

moneyistooshorttomention wrote: »

I'm not following why you think this would be racist in the circumstances - unless you are trying to say you think a British neighbour would have been treated better by him?

I know what you mean but he did have an issue with the Sri lankans who share the semi with him.

pilavas

Davesnave wrote: »

To be fair, I doubt if the majority of people born in England and Wales have a clear understanding of our property laws, but many, from all nationalities, consider a pre-emptive strike the best option if they're in a position of weakness.

The neighbour has no garage, so it might seem there's very little for him to gain here. I'd guess he wants to put his motorbike closer to the house and still walk past it, but that is just a guess.

To be honest, even with the OP's original drive, I'd not want to access the garage by car every day either. Like many people, most cars have become somewhat broader in the beam since the 1960s!

I don't think I will be using the garage for my car either but he originally claimed it was a metre I owed him so he is clearly lying
he also mentioned he had already discussed this with the previous owner who I confirmed with and said they had agreed nothing.
Our boundary is a straight line and with his hostile take over it will make it crooked and drop the value of my property. He knows what he is doing is wrong but he done it anyway.

moneyistooshorttomention

In fairness re the waiting 8 years to do work on a property - that may be down to having to wait for the money to be able to do it.

I threw a lot of money at my current house when I first moved in but it still needs more money (ie tens of thousands of £s) in order to make it more "normal" in my eyes and I'm having to just work my way through finishing the house now as and when I've saved up another "pot" of money to do the next thing on The List.

He may be in the same sort of financial position, ie of having to save up and do next thing, then save up again and do the thing after that, etc.

pilavas

moneyistooshorttomention wrote: »

In fairness re the waiting 8 years to do work on a property - that may be down to having to wait for the money to be able to do it.

I threw a lot of money at my current house when I first moved in but it still needs more money (ie tens of thousands of £s) in order to make it more "normal" in my eyes and I'm having to just work my way through finishing the house now as and when I've saved up another "pot" of money to do the next thing on The List.

He may be in the same sort of financial position, ie of having to save up and do next thing, then save up again and do the thing after that, etc.

Sorry money I don't quite follow what you mean, Since he managed to save some money over 8 years he can now pay and move the boundary fence ?

Also the fence has been there for over 30 years what right does he have ? The plot of land is not an exact square. I don't know how else to say this what he has done is not fair. I just moved in (12th of July) and he suddenly manages to amass enough funds to remove my boundary fence the following day, It doesn't make sense.

pilavas

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 ?

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, 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.

Are you sure?

pilavas wrote: »

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.