Boundary dispute with neighbour

loveka

ScorpiondeRooftrouser wrote: »

Just because he bought the house doesn't mean he accepted it. He bought the house and subsequently decided to try and enforce what he could see on the Land Registry.

Taking that to court was his right. If you thought you would win, you could have gone to court. If you didn't want the hassle, you could have given up this strip that was so small that it wouldn't even show on the plans. Why did it matter to him ? Why did it matter to you so much?

It says in the contract that you accept the boundaries. The land registry says the plan is a guide.

I didn't want to go to court because boundary disputes notoriously irritate judges. My solicitor said we would win in court, but may not get costs, even though we were defending. We could have ended up paying 10k just to keep that strip.

It mattered to me because I have a very narrow garden, and planted in that 8 inch strip, and the rest of the garden border, were 18 years worth of plants and shrubs, climbing roses etc.

You really don't have a clue what you are talking about. I am writing this to prevent others believing your nonsense, not to argue with you.

Badger50

Land_Registry wrote: »

... And finally Badger50 refers to a fencing covenant, which is often personal but caught up with restrictive ones, not binding successors in title. In my experience that is nit always true as it can be if the next buyer covenants to 'observe and perform' the covenants. I don't think that matters to OP but may impact in others

I am grateful for Land Registry's helpful comment on my post.

ScorpiondeRooftrouser

loveka wrote: »

It says in the contract that you accept the boundaries. The land registry says the plan is a guide.

I didn't want to go to court because boundary disputes notoriously irritate judges. My solicitor said we would win in court, but may not get costs, even though we were defending. We could have ended up paying 10k just to keep that strip.

It mattered to me because I have a very narrow garden, and planted in that 8 inch strip, and the rest of the garden border, were 18 years worth of plants and shrubs, climbing roses etc.

You really don't have a clue what you are talking about. I am writing this to prevent others believing your nonsense, not to argue with you.

That contract is between the buyer and the seller, not the buyer and anyone else on neighbouring land. A contract between your neighbour and the person who sold him his land does not preclude him taking action against you.

Cases such as this come up regularly and sometimes people win, sometimes they lose. It's not as cut and dried as you appear to believe. if it were, you wouldn't have needed to be paying £10K for a solicitor or be at risk of not receiving costs.

Ray_Singh-Blue

G_M wrote: »

You could always retaliate by threatening to force removal of his flue and/or downpipe.

That sounds really painful:money:

RyansMum

Hi, My neighbour purchased her house in November then moved her fence 1 metre into my garden and said I had to prove the land was not mine. I got a chartered survey to write a report - she said it was not enough proof. I then had a Topographical Survey completed - both said that she had encroached by 1 metre (from where she moved the fence back). The cost of these survey is now at £2000 - she is still saying that it is not enough evidence. She has no evidence apart from her title deed.

We have had a meeting with her without resolution. She will not spend any of her money to resolve this - she will not have her own survey. What is my next move. I am concerned about the mounting cost to me and not her. Any help is welcome. Thanks

Davesnave

RyansMum wrote: »

Hi, My neighbour purchased her house in November then moved her fence 1 metre into my garden and said I had to prove the land was not mine. I got a chartered survey to write a report - she said it was not enough proof. I then had a Topographical Survey completed - both said that she had encroached by 1 metre (from where she moved the fence back). The cost of these survey is now at £2000 - she is still saying that it is not enough evidence. She has no evidence apart from her title deed.

We have had a meeting with her without resolution. She will not spend any of her money to resolve this - she will not have her own survey. What is my next move. I am concerned about the mounting cost to me and not her. Any help is welcome. Thanks

Why not start your own thread, since only those who have seen this one will likely see your post?

moneyistooshorttomention

Davesnave wrote: »

Why not start your own thread, since only those who have seen this one will likely see your post?

Agreed - re starting own thread.

Plus I'd be interested to know why you didn't just take down her fence - as it was trespassing - rather than start arguing the toss with her.

Davesnave

moneyistooshorttomention wrote: »

Agreed - re starting own thread.

Plus I'd be interested to know why you didn't just take down her fence - as it was trespassing - rather than start arguing the toss with her.

:wall: So why write a question here after I tried to steer the poster away from this thread?


For the benefit of others, this thread is not where the current discussion is.


The poster who resurrected it has very sensibly re-posted, as suggested.

spu98amj

Hello again,


Thanks for all the response regarding my and other issues like this.


I have had another confrontation from my neighbours again today. They are now threatening a court case about the boundary. So i guess we will now have to wait for them to send us their paperwork from whatever solicitor they have got.


But i would like to know for sure is, if by buying a property and signing the contract to buy a property are you signing off on the positoin of your boundarys?



If this is true all i will need to do is proove the fence I have is in the same position as the old fence and the old fence was in position at the time he purchased the house.


They still dont believe the photos are true, i have one with my wife aged 13ish and she is now in her 30s as well as photos of the old and new fence position. Surely they dont have a leg to stand on. Do they?


I am also sure they have no proof the fence i have recenly put up (2 years ago) is further in their garden than the old fence.


It all stems from a badly installed boiler anyway! Someone kinked the old cast iron downpipe further onto my wall to make room for the new boiler. This meant there was no room for a higher fence to be installed, apart from thier side of the part wall!


Sorry last question, could any corgi registered person confirm that a boiler flue has to be further than 300mm from the party wall?


Thanks again


Hope someone can help!

Annie35

No this is spu 's thread!