Land/boundary advice

Laura84

Hi All.

Apologies if this is not in the right forum! I'm after some advice regarding property boundary.

My nextdoor neighbour believes some land is shared between us(?) and therefore we should come to a boundary agreement as to where the boundary lies. From what we (and other neighbours who have the same set up) believe, is that the land is ours.

Her claim is that there used to be some bushes there (people before us, removed them last year) and she claims that this formed the physical boundary on the ground. However, the roots are still there and they are clearly in (not on the boundary of) the disputed land.

I have done a rough sketch of the set up here http://i67.tinypic.com/23wmlxi.jpg .... Please note, the lines are actually meant to be straight, just couldn't find a ruler! The brown line is what is the red line on our title deeds.

What's people thoughts? I really don't want to argue with her but if the land is mine then I would like to make it a flower bed rather than be blended in with her grass. She thinks she is entitled to at least half the disputed area?

Feel very out my depth so any advice would be much appreciated.

glasgowdan

Get a copy of your deeds and hers.

From the look of it, pull a string down to the bottom, keeping it lined up with the edge of your driveway. Get her out, show her the deeds and tell her where the boundary is. Then do whatever you like with your garden.

Laura84

Thanks for your quick response .... Have already had both the deeds out infront of her and showed that our boundary runs in line with the end of her house (like the back garden), her deeds then show the same. However, she is having none of it, saying that at least half is hers because there used to be a small bush there that was the physical boundary feature. Surely it can only be a boundary feature if it runs along the actual boundary .... Not a metre away from it!

OH is all set to go ahead anyway but I don't want any trouble!

glasgowdan

I'd be tempted to put this up

You know you've got the law on your side if she narks off on one, simple trespass if she tries anything stupid.

moneyistooshorttomention

Doesnt look like you will be able to do this without her creating "trouble" - but I would estimate the most she can do to create said "trouble" is some screaming/foot-stomping/etc.

Ignore her screaming/foot-stomping and just keep repeating "Your title plan and my own both agree that THAT is where the boundary is" and then walk away from her.

She has spotted you "wavering" and hoping to "keep the peace". Maybe you've smiled in a nervous/conciliatory sort of way at her and you have not been firm with her. She is playing on that. She is acting like a child trying to "divide and rule" between its parents.

Don't let her divide you and OH. The boundary is where the Title Plans say it is and you both need to present a united front to her.

In your position - I would leave dealing with her totally to your OH and not have anything to do with her yourself at all.

Chanes

Think long and very, very hard about getting into a boundary dispute they can turn into nightmares and you must have seen how quickly! Remember that old couple who were out 100s of thousands in legal bills because a judge said it was a ridiculous thing to bring to court and awarded the other party costs! At the moment you can sit down and chat and be rational, you would be amazed how quickly that could go wrong in a temper of fit pf stubbornness! I am pretty sure I own a slice of land next to our house but our neighbours has planted along it, I'd like to take it but would never ruin to calm we have between us! Good luck!

moneyistooshorttomention

I wouldnt see this as going into "boundary dispute" territory personally.

I've certainly been in a very similar position with my current house and had neighbours swearing "black is white" at me about the situation and I'm a single woman on my own.

I just made it very clear what all the official evidence stated about what the position is and had to shut my ears to the "screaming and foot-stomping" they did. But I came through in one piece and at no cost.

You have the advantage of having a husband to do the "standing up to her".

Laura84

Thanks for all the replies guys. So from what the plans show (and I know you can't make a 100% judgement as you can't see the real thing), you guys think that the land is ours?!

I just don't want OH to do anything (like dig out a flower bed) and then us get fined or something! But naive to all this!

DRP

1. your diagram suggests there a re plenty of physical features to determine the boundary (party walls)
2. Your neighbours are in the same arrangement (from what you say in your first post).
3. The Land Reg document confirms all this.

Put up a fence - it all seems quite clear...

beaker141

Whose is the path between the 2 houses?

What is on the other side of the neighbours garden - have they done anything similar there?

Ozzuk

It could well become a boundary dispute if she somehow as evidence that she has indeed used that land without issue (I think the period is 12 years).

You could spend a few hundred and get a surveyor in to define the boundary - they should use your deeds/ground indicators to settle the situation.

http://www.boundary-problems.co.uk/boundary-problems/bdysvyr.html