Boundry dispute

BISCUIT1

Hi you need to go onto Google Earth and enter your postcode and it will zoom in on your house..then click "history" in the top left side of the screen and it should go back several years on a sliding scale..mine goes back to 2002...and relatives goes back even further..not sure if this is what you have already tried? Apologies if so. x

diane***

when they measured the plot...... they went by my measurements, I took my measurements from what should have been there not what was.
I know this is also a fault of the person who drew up the plans.... a family friend!


when it was discovered (very tight plot) that it was short the building we had on it wouldn't fit.


google earth......... is maps different ? I still can't find a picture from 2015 or 14


if we can prove the shed wasn't there with in the time period of 4 years we can raise a dispute and the council will take up our claim and make hi move the shed/boundary.


the ''shed'' is attached to his house/business it went up at the same time as a brick built room which did have permission, the shed did not, the shed acts as a preparatory area. He believes as it is a wood building/shed he does not need permission to put it up and attach it to his building.


he believes because it is up already and acts as a boundary only over 30 cm he is in the right.


he council have asked for photographic proof that the shed wasn't there before 2012


THNKS biscuit , i'll have a go.. I hadn't tried it.

G_M

diane*** wrote: »

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

Since when did local authorities start providing legal advice? I thought they were cutting back free services these days, not offering new ones!

Thy are almost certainly referring to Planning consent.

Your dispute is not one of planning law, but of civil trespass. It is between you and your neighbour - nothing to do with the council (unless the council owns the neighbouring property, in which case don't seek legal advice from the person with whom you have a dispute!)

ProDave

diane*** wrote: »

when they measured the plot...... they went by my measurements, I took my measurements from what should have been there not what was.
I know this is also a fault of the person who drew up the plans.... a family friend!


when it was discovered (very tight plot) that it was short the building we had on it wouldn't fit.


google earth......... is maps different ? I still can't find a picture from 2015 or 14


if we can prove the shed wasn't there with in the time period of 4 years we can raise a dispute and the council will take up our claim and make hi move the shed/boundary.


the ''shed'' is attached to his house/business it went up at the same time as a brick built room which did have permission, the shed did not, the shed acts as a preparatory area. He believes as it is a wood building/shed he does not need permission to put it up and attach it to his building.


he believes because it is up already and acts as a boundary only over 30 cm he is in the right.


he council have asked for photographic proof that the shed wasn't there before 2012


THNKS biscuit , i'll have a go.. I hadn't tried it.

So it is firstly YOUR mistake for taking the word of some plan to say how big the plot was and you applied for permission for a house bigger than the plot.

IF you can prove it has been there for less than 4 years the planners may enforce it's removal as it did not have PP. That will not give you back the land. Or are you saying there is an established fence line and this shed steps over that?

I very much doubt the established fence line is wrong unless that has been changed recently.

I see your only resolution is to accurately measure the plot and re apply for a smaller house that will fit. Then try and sell the plot.

For a sale, it would probably have been simpler just to get outline planning and let the buyer design the house they want.

moneyistooshorttomention

diane*** wrote: »

when they measured the plot...... they went by my measurements, I took my measurements from what should have been there not what was.
I know this is also a fault of the person who drew up the plans.... a family friend!

when it was discovered (very tight plot) that it was short the building we had on it wouldn't fit.


.

That does look a bit like the crux of the matter from what you say:

1. It was a family friend that took the measurements - ie not an expert then - using modern measuring tools. Presumably "a friend" using tape measure?/steel rule? Surveyors have the modern tools and know to take account of the fact that plots of land are never going to be dead level - there is always going to be some sort of slope somewhere in a plot of land that will throw out measurements unless taken very precisely with the correct modern-day tools.

2. Of course, that presupposes that everyone throughout the years has also taken measurements very precisely with correct modern-day tools....

The impression coming over is that the building has been designed to fit what the measurements "should" be and not what they "actually are ITRW" and those measurements may well be rather different.

Davesnave

If the shed acts as a 'preparatory area' for whatever the neighbour's business is, would it not require planning in the same way as the brick building because it's work-related?

Councils can be fussy about these matters when there is a clear breach of the conditions they impose on business expansion or diversification.

Tom99

[FONT=Verdana, sans-serif]If your bid to get the Council to enforce demolition of the shed fails you can still take civil action against your neighbour.[/FONT]

diane***

thanks Pro Dave, the boundary was established 6 years ago by me and the neighbour, he wanted some more land, we agreed a boundary, I left him to it, I trusted him.... that turns out to be a foolish thing to do.
he say he wanted ''this amount'' I sold him ''that amount'' when he put up the boundary he ensured he had that amount by putting the boundary in my land.! he didn't put he shed boundary it in his land because it would have encroached on ''his amount''.


thanks G_M I think you are right.... this is two issues , the shed and the boundary. The council are concerned with the shed and planning permission.


me the boundary which is also the shed.


I just learned today the council have sent a letter received today to the shed owner advising that he does not have permission for it's erection. I guess they will deal with that issue.


the boundary is my issue. I didn't give permission for him to put it on the boundary nor over the boundary.
if I have understood correctly from reading the replies there is no time limit on a boundary dispute, the time limit applies to the shed.

ProDave

So you sold part of the land to a neighbour and that has made what is left too small for a building plot (at least for the house you have permission for)

Cake, and eating it.

alumende27

Unless it's a significant enough piece of land to be of any value, I'd simply try and come to an agreement with the neighbour, sharing costs if necessary if there is anything official to do rather than go through what could just end up a very costly, antagonising and protracted dispute.

There was a story in the news just recently about a family who complained their neighbours extension encroached on their property by a few inches. That dispute rumbled on since 2009 and they lost their house last month after having to pay their neighbour's legal fees of £132,544.

https://www.thetimes.co.uk/edition/news/couple-lose-home-after-3-inch-land-grab-h255g3ktl

We had a neighbour recently erect a fence on what they assumed to be their land but was actually ours. It appeared to be an honest mistake. We came to an amicable agreement which resolved the issue without any falling out.