Boundary upset after surveyor

Shelldean

Tigertailor

Does your neighbour believe the boundary for a straight down from the corner of your house to the top right of the red box you've labelled ours?
As that would give him the land the summer house is on??

brianposter

Tigertailor said:

I am not sure really, I am not a surveyor :

You do not need to be a surveyor - just ask for an explanation.

Why would your neighbour believe you when you are unable to explain things ?

princeofpounds

I forgot to mention - it is worth downloading the neighbour's title plan from the land registry just to check that it does not conflict with yours. That is very rare, but not impossible. Although given his actions are those of a classic garden-grabber, I suspect a genuine misunderstanding on the plans is unlikely here.

teachfast

To be honest people are too nice. A neighbour of mine dug the ditch to build a wall to replace a fence a foot into my garden claiming the fence made that land his. I said fine but if you leave it there me and a mate will knock it down with sledgehammers tomorrow. He argued a bit but knew we would do it and re-dug the trench the next day. 

Tigertailor

Crumbs! thanks for the kick up the 'pants' Princeofpounds !!!!!!

I am somewhere between shocked and flabbergasted if I'm honest!

I was angry about the wall, I work long hours and it took a week to grab him to ask him to take his wall off my house.

I try to be diplomatic first(I actually don't know any other way! ) and I like to agev all my clear facts in front of me which at the time I didn't have. Plus I didn't want a neighbour dispute and at that time was sure it was a boundary wall(nothing was there before) and thougth I needed to deal with that another way. And he was at this point adamant the summer house was on his property which set me back.
The wall is an eyesore, I will take great glee removing it with a sledgehammer!
and reclaiming my steps, sadly not the original old tomb stones they were though, I do like history!!
I am also quite clear he has many infractions on his list house.

I chose a reputable accredited surveyor firm, particularly with experience in boundary's and was quite clear that I wanted my boundary plotted, primary for fencing but also that the neighbour insisted we had encroached on the land so they were clear we needed a boundary expert and the possibility that there may be a dispute.

I am an insurance freak!😁 yes I have legal protection on my house insurance!

The scale is not good on my drawings but it's more than a few inches, it's meters and even more down by the summerhouse. and you are right, it is time to draw a line which was when he went to plant the tree and we spoke about wanting our own spece there and he threw his teddy in the corner and accused us of stealing his land. If they don't want to be friendly then they won't mind taking their pillars and deck down I suppose so they are not so close to us anymore, and certainly not in fact stealing our land?

Believing you are in the right and having the facts to back yourself up are separate things. We have the boundary now so I suppose I wonder if I can just dismantle things and take my property back? Do we need to give notice? or can I merrily start picking away?

teachfast

Just pick and smash away. Ball back in his court. 

Tigertailor

Shelldean said:

Tigertailor

Does your neighbour believe the boundary for a straight down from the corner of your house to the top right of the red box you've labelled ours?
As that would give him the land the summer house is on??

the red box was a piece of unregistered land that was sorted out(adverse possession)on the sale of the property to us. I do believe though that the original plot he purchase abutted that piece and that the original piece had a line down the middle of our property. As I said before that piece no longer exists and on enquiry it points to the two titles, his sons and ours.
So if you take his original plot, yes the summerhouse would have been built on his property. We think either perhaps a deal was struck with his son which he didn't know about or he just wanted to pull the wool over our eyes. We think though as things have developed in the last couple of weeks that it is the latter. And perhaps he was trying to re-aquire the piece by tending to it and just telling us it's his.

Jeepers_Creepers

TT, you have LP - great.

You've employed a surveyor - great.

And you are diplomatic - great.

The true boundary result is also great! I don't understand the bit that dismayed you up at your house, tho' - your sketch isn't clear enough.

Anyhoo, time to be diplomatically firm. Decide on your mantra, such as "I'm afraid you have got the boundaries wrong - this is the result of the survey I've had carried out. It's very clear. If you don't accept it, please have your own survey carried out... Meanwhile, you are going to have to remove x, y and z. I don't want to fall out with you at all - I like getting on with my neighbours - but I am going to ensure that the boundaries are understood so we can both just get on and do what we want on our own land with no more confusion."

That's the measure of it - there can be no argument. Kept returning to that mantra, regardless of how he might try and take the conversation sideways; "I only allowed the previous owner to put his summerhouse there 'cos I was kind but he always knew it was always temporary..." that kind of stuff. Just bring it back to the survey - and tell him to have his own done if he wants. Lather, rinse, repeat.

Then tell him what you intend to do with the wall and bits on your land.

Any protest, any threat or retaliation, call up your LP and explain what's happening. In the first instance it'll almost certainly be a 'cease and desist' type letter - with the threat of actual legal action should he fail to do so. I think that'll sober him up.

Tigertailor

brianposter said:

Tigertailor said:

I am not sure really, I am not a surveyor :

You do not need to be a surveyor - just ask for an explanation.

Why would your neighbour believe you when you are unable to explain things ?

I did and I watched as did my neighbour, the use of a couple of pieces of different equipment. and then him place stakes in.
I am not sure what you would like me say here? Do I need to explain the surveyors job to my neighbour? He took my surveyors card for a job he had in mind at a separate property (not that I think thats why he really asked for it) and he is not new to surveying as he confessed himself.

Tigertailor

princeofpounds said:

I forgot to mention - it is worth downloading the neighbour's title plan from the land registry just to check that it does not conflict with yours. That is very rare, but not impossible. Although given his actions are those of a classic garden-grabber, I suspect a genuine misunderstanding on the plans is unlikely here.

Yes I have several titles for the whole area.  His original plan, around the house is as it was. The other part down the gardens doesn't exist anymore as they have been separated into new titles. Part into ours and the piece his son now owns.
We did give benefit of doubt in case he didn't know that perhaps his son sold half of it to prev owner!?!  But the part up by the houses has always been the same and he has definitely encroached. And to be honest he's had to in order to make it nice because of how his back lays and the deck pillars.dor his deck.