general boundary question..

dares_uk

My wife was talking to a neighbour yesterday... and he seems to think his boundary runs down the middle of our side path to our back garden / gate. He thinks this because his roof overhangs slightly...


Am I right in thinking this is not the case...


his boundary runs with the wall, which is straight with the rear garden fence etc...
and we just generally need to allow access occasionally so he can maintain his roof, paint the eaves etc..

moneyistooshorttomention

Were the houses built at the same sort of time?

AdrianC

Who knows? You can't necessarily assume that any particular ground feature is an accurate representation of the actual boundary. All you can do is compare the Land Registry map to the ground, and take a best guesstimate.

dares_uk

if it was a case that the overhang of the roof was the boundary line, then it would mean half the path, rear garden access/gate (to our garden), and then about 20cm strip all along to the bottom of the garden would be theres...


On the plans its a straight line, front to rear. which would tie in with the edge of the path/side of their house.

moneyistooshorttomention

But, on the other hand, their house could have been built in such a way that their roof overhangs land that is definitely yours. That would mean their roof needs altering in order not to overhang your land.

Any such roof amendment is probably impossible - but, if that is what has happened, then those neighbours will just have to "put up and shut up".

I would be inclined to think they are the ones "in the wrong" here.

Oxid8uk

I had a similar set up at a previous house - the boundary line was along the wall of my house but the eaves overhung my neighbours driveway. However, this was documented in my deeds which stated I had a right to have eaves hanging over and foundations under my neighbours drive.

Can you download a copy of your neighbours deeds to see if something similar is written in them?

dares_uk

yeh I can check that, but eaves being aloud to hang over is different from the boundary, right ?

Davesnave

dares_uk wrote: »

yeh I can check that, but eaves being aloud to hang over is different from the boundary, right ?

Yes some people's eaves overhang where they shouldn't, and it may not be documented.

The best that can be done would be to look at both title plans and come to a sensible conclusion.

Why, for example, if it's supposed to be the neighbour's garden, have you got part of a path to a gate in that space, and why is it fenced off from him?

If the red line on the neighbour's plan runs with their house wall and there is no tiny gap shown, it's very likely he is talking BS. It's even more likely if yours corresponds with that too.

A line on a title plan is about 40cm thick on the ground, so this can allow arguments and silliness over small slivers of land, which are best avoided. So long as your neighbour is happy with the access you give him and isn't planning to remove the fence, there's some merit in letting him believe what he wants, if he's one of those who has to be right.

The alternative, proving him wrong, could work out costly.

malc_b

Land registry plans cannot not be relied on. This is what the land registry say in their FAQ. Basically because the land registry do not come and inspect every property (or even any) then they have to rely on the info submitted. They therefore won't guarantee its accuracy. The lines on land registry plans are a "general" boundary. There is a boundary there somewhere, you just need to find it from the ground features.

Footings are allowed to cross the boundary otherwise fence would need to be inside the boundary to allow for the concrete round the post. Eaves are complex so see this or google it.

teneighty

malc_b wrote: »

Land registry plans cannot not be relied on. This is what the land registry say in their FAQ. Basically because the land registry do not come and inspect every property (or even any) then they have to rely on the info submitted. They therefore won't guarantee its accuracy. The lines on land registry plans are a "general" boundary. There is a boundary there somewhere, you just need to find it from the ground features.

Footings are allowed to cross the boundary otherwise fence would need to be inside the boundary to allow for the concrete round the post. Eaves are complex so see this or google it.

I had a quick look at that solicitor's website and I have to say I do not agree with it or I mis-read it.

There is a technical legal term which I cannot remember which covers eaves overhangs (found it: easement of eavesdrop). My understanding is basically that if a roof eaves overhangs the boundary and has been in place for 20 years or more then it acquires an easement to permit the trespass over the boundary. It does not equate to adverse possession, the land is still owned by the neighbour, the boundary does not move, it just gives the roof overhang the right to remain.

Davesnave

teneighty wrote: »

I had a quick look at that solicitor's website and I have to say I do not agree with it or I mis-read it.

There is a technical legal term which I cannot remember which covers eaves overhangs. My understanding is basically that if a roof eaves overhangs the boundary and has been in place for 20 years or more then it acquires an easement to permit the trespass over the boundary. It does not equate to adverse possession, the land is still owned by the neighbour, the boundary does not move, it just gives the roof overhang the right to remain.

After 20 years it can become a prescriptive easement, and the article does mention that.

This can cover other sorts of drains etc too. A neighbour has a prescriptive easement to drain water onto my land. I don't think it's written anywhere, but I know they have been doing it more than 20 years.

I haven't heard of the adverse possession of air space either!