general boundary question..

moneyistooshorttomention

Davesnave wrote: »

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.

I tend to agree with this.

As long as your land is safely in your possession (as it sounds like it is) then next time he starts up again about it just politely say "Some peoples roofs do overhang their neighbours land - but it is still their neighbours land. You can see quite clearly its MY garden" and just walk away and refuse to engage with him any further.

It doesnt actually matter just how much in error someone else's ideas about things are - as long as they can't actually do anything to try and change matters to suit themselves.

Sometimes that is the best thing to do - just one or two quick sentences reiterating clearly how things really are/say "It is obvious you don't wish to see what the facts of the matter really are for whatever reason. I am not going to discuss it any further" and, if they carry on repeating the wrong version of things as facts (when they aren't) then literally turn around and walk away. They can carrry right on believing whatever wrong version of things they wish to in their head - and, as long as there is no way they can enforce it = does it really matter? leave them to their misguided opinion and get on with other things instead.

dares_uk

thanks for all the info,


only reason we are checking our facts after my wife was talking to him,
is because in the near future they plan on converting their coach house,
and expanding in their garage downstairs and putting a conservatory on the rear.

Loanranger

Oh dear, sounds like he was trying to soften up your wife ready for his plans to be submitted to the council.
I hope she put him straight and did not allow him to walk away from the discussion thinking he had put her straight. It is unbelievable that he thinks he owns half of your path when the reality is much more likely to be that his eaves are on your land.
A neighbour of mine did not like their neighbour's new extension with the new eaves overhanging by 4 inches and forced the neighbour to remove the eaves and put the eaves back four inches. Much trouble, dirt and expense and this was not looked upon kindly by the reasonable people, ie the rest of the neighbours.
After that, no=one ever spoke to the neighbour again. That is the neighbour that objected to the four inch overhang. Simply because it was unreasonable.
I know this doesn't help but it is best to sort out these problems at this early stage before he goes to any expense with architect plans, planning permission etc. Nip it in the bud.
I would consult a chartered surveyor, RICS qualified, and ask their advice and then go to the neighbour with the result ASAP.

loveka

Oh god, we had this. The neighbour tried to make out the boundary was where the eaves overhang our garden.

His own surveyor put him right in the end. Had our neighbour been right, it would have been impossible for us to access our own garden as the path would have been so narrow.