Help With Boundary issue Please

The_Shadow

Land_Registry_representative wrote: »

The Shadow - sorry for slow pick up re this one although I think you have largely covered it through the posts above and your call to us.

We would look at the OS details, the Plot transfers (your neighbour is referring to theirs) and the estate plan (if any) the builder would have supplied from the start.

We would then create a title plan for each plot as they were sold off so the title plan becomes the defining detail as far as the registered general boundaries are concerned.

The advice given to contact us to query is the right one and whilst you may be the injured party here an email to us would elicit a formal reply within a few days.

The alternative is to check your neighbour's title plan to see if they match re the red outlines adjoining. If they do then you have the details but need to then bear in mind that a 1m discrepancy is not going to be evident from the title plans so you may still need to discuss and agree a way forward.

If that is the case then the key is likely to be what was the original position re the boundary on the ground and what evidence have you (they) got to show how and when the change was made. If that is clear cut a solicitors letter may suffice. But the other key point is how far you or your neighbour are prepared to go on this. Every neighbour is different.

My recommendation would be to confirm with us that no mistake was made by us in registering the titles and go from there. I suspect we will cite general boundaries to you and then the general advice on boundaries. But best to ask so you have something in writing that you can then refer to as appropriate

PS - if you want to share a general response on here then email us at [EMAIL="customer.service@landregistry.gov.uk"]customer.service@landregistry.gov.uk[/EMAIL] and I can pick it up

Many thanks for your informative responce, i will respond directly to you at customer services with my origional question and your responce.


Kind Regards

Land_Registry

The Shadow - many thanks
I've looked at both the title plans and the Transfer plans used in 1985 when the plots were first sold. The titles will have been mapped as explained above, namely by using the OS detail, developer's plan plus the Transfer plans to then map the general boundaries

Neither the Transfer plans nor the title plans will define the exact legal boundaries so it is important to also consider the reality on the ground when trying to determine the legal boundary.

In your case the issue appears to be over what has changed, how that was done and when. And also whether it was done with the consent or otherwise of your seller for example. If the change was made several years ago then trying to return it to the original position may well be impossible so trying to find an amicable agreement with your neighbour may be the best option from a cost/stress/resource perspective.

I am sorry but there is no definitive answer to such issues so invariably it is down to each neighbour as to how they decide to resolve such matters