Boundry dispute

diane***

can you get satellite photo's from 2014?


a neighbour put up a shed as part of the boundary fence, he came over 30 cm when the roof over hung and the gutters ,apparently you can do this only if you have the neighbours permission , or if it's been up more than 4 years and no one has complained.


We have to prove when the shed went up to raise a complaint. We can get 2009 google picture but we need photo's from 2013/14/15, is this possible?


if we cannot prove when the shed went up we cannot complain.

csgohan4

if you raise a dispute officially, you have to declare it when you come to sell you house.

G_M

Don't know about availability of sat photos, but that's just one way to prove.

Witness statements from other neighbours? Family? Your gardener?

Your own dated photos of your garden?

The contractor who put up the shed for the neighbour?

Not sure where you got the '4 years' from.......??

Also wonder why you've waited so long.

Davesnave

Who are you raising a complaint with and why do you think there's a time limit of 4 years?

glasgowdan

You can get historic images from google earth

diane***

Glasgow.... I can only find 2009 not any thing later.


Fenland council said I can only complain if it is within 4 years.


It's come up now because a building plot /old garden, got sold, then the measurements were found to be incorrect, it was then discovered that the neighbour had put up this shed on our land and a fence, the side of the shed is part of that boundary. The sale of the plot fell through.


The building and garden were left when Aunt went into a nursing home, the neighbour was supposed to be a trusted caretaker. Aunt died, I sort planning permission..... got it , sold the plot/garden, theft discovered.

diane***

how do you get satellite pictures from 2014? anyone know?

RedFraggle

Are you looking on google earth or google maps?

Tom99

[FONT=Verdana, sans-serif]If you have a complaint it won't be with Fenland Council, it will be with your neighbour who put up the shed. The 4 years will be to do with planning consent which is not the problem.
[/FONT]

ProDave

diane*** wrote: »

Glasgow.... I can only find 2009 not any thing later.


Fenland council said I can only complain if it is within 4 years.


It's come up now because a building plot /old garden, got sold, then the measurements were found to be incorrect, it was then discovered that the neighbour had put up this shed on our land and a fence, the side of the shed is part of that boundary. The sale of the plot fell through.


The building and garden were left when Aunt went into a nursing home, the neighbour was supposed to be a trusted caretaker. Aunt died, I sort planning permission..... got it , sold the plot/garden, theft discovered.

So did you not notice the shed suddenly appearing on your land and contest it at the time?

Or is is JUST the eaves overhang of the shed that is trespassing? If so why is that a show stopper for the sale?

If the land has been "stolen" he would need possession of it for over 10 years to claim adverse possession.

At the moment I am not understanding the issue, but boundary issues are common with building plots, particularly if it's tight to fit the proposed house in, and finding the plot is a couple of feet smaller than you thought, could then be a show stopper.

But surely this shed was there when you applied for permission and the viability was based on where the boundary fences were at the time. So the only issue is whether someone pinched some of the garden after that thus making the plot unviable.

You DID measure the plot didn't you when applying for planning to make sure the proposed house would fit? or did you rely on measurements on some plan that have turned out to be wrong?

For the record we bought our plot with potentially inaccurate boundaries, but we bought it "as fenced" to save the hassle of boundary disputes, but then out plot is big enough that it would have made no difference.

Davesnave

Tom99 wrote: »

[FONT=Verdana, sans-serif]If you have a complaint it won't be with Fenland Council, it will be with your neighbour who put up the shed. The 4 years will be to do with planning consent which is not the problem.
[/FONT]

The neighbour's fence would need to have been in place for about 10 - 12 years for them to claim adverse possession of the land they took. Rules have changed and I'm not sure which now..

I'm also unsure that an aerial photo would settle anything if 0.3m is all that's disputed. Is the plot not saleable without that small sliver of land?