Semi-detached boundary doesn't match Land Registry documents

foofi22

Hi
We have a semi-detached house and have submitted an application for an extension.

Our next door neighbour (the one we are attached to) objected to the proposal with the comment:

The boundary fencing between properties [redacted] was unilaterally adjusted by a previous occupant of [redacted] and does not accurately reflect Land Registry documents. I should therefore like the correct boundary re-instated as part of the application being approved. I enclose the relevant documentation, submitted to me by [local council]

They submitted a 1:1000 drawing stamped in 2005.

Having reviewed the drawing its pretty difficult to determine what exactly is "wrong" - I will of course ask but in the meantime:

(a) Can they demand that the boundary is "corrected" as part of getting the plans approved?
(b) If yes, can a 1:1000 drawing be used as evidence? In this drawing, the outline plan of our houses (built ~1900) aren't in proportion nor do various walls line up with one another.
Thanks

user1977

No, ownership is irrelevant to the planning application, so it's not going to make a difference to the planning decision (though shifting the fence might mean an amended application is needed). Whether you are risking building on your neighbour's land is a separate question...

foofi22

Thanks, I can add that the proposed build doesn't involve going anywhere near the fence (it is only extending out to the side if that makes sense) so the land being built on is ours.  So the planners can't/won't say "you've got approval provided you move this fence"?

user1977

foofi22 said:

So the planners can't/won't say "you've got approval provided you move this fence"?

Yes, that's what we're saying. Your neighbour has brought up something completely irrelevant.

Slithery

Planning permission doesn't take boundaries or land ownership into account. I could apply for planning permission for a house that straddled you and your neighbors gardens if I wanted to and the boundary wouldn't be a valid objection.

AdrianC

foofi22 said:

We have a semi-detached house and have submitted an application for an extension.

Our next door neighbour (the one we are attached to) objected to the proposal with the comment:

The boundary fencing between properties [redacted] was unilaterally adjusted by a previous occupant of [redacted] and does not accurately reflect Land Registry documents. I should therefore like the correct boundary re-instated as part of the application being approved. I enclose the relevant documentation, submitted to me by [local council]

They submitted a 1:1000 drawing stamped in 2005.

Having reviewed the drawing its pretty difficult to determine what exactly is "wrong" - I will of course ask but in the meantime:

(a) Can they demand that the boundary is "corrected" as part of getting the plans approved?
(b) If yes, can a 1:1000 drawing be used as evidence? In this drawing, the outline plan of our houses (built ~1900) aren't in proportion nor do various walls line up with one another.

They can demand what they like.
They could demand you bake them a delicious cake every day while work is going on, or pay for a luxury cruise for them.

It doesn't mean the local authority are under any obligation to take account of their demands in granting or declining PP, or attaching conditions to it.

Does the extension impinge upon this boundary?

foofi22

AdrianC said:

foofi22 said:

We have a semi-detached house and have submitted an application for an extension.

Our next door neighbour (the one we are attached to) objected to the proposal with the comment:

The boundary fencing between properties [redacted] was unilaterally adjusted by a previous occupant of [redacted] and does not accurately reflect Land Registry documents. I should therefore like the correct boundary re-instated as part of the application being approved. I enclose the relevant documentation, submitted to me by [local council]

They submitted a 1:1000 drawing stamped in 2005.

Having reviewed the drawing its pretty difficult to determine what exactly is "wrong" - I will of course ask but in the meantime:

(a) Can they demand that the boundary is "corrected" as part of getting the plans approved?
(b) If yes, can a 1:1000 drawing be used as evidence? In this drawing, the outline plan of our houses (built ~1900) aren't in proportion nor do various walls line up with one another.

They can demand what they like.
They could demand you bake them a delicious cake every day while work is going on, or pay for a luxury cruise for them.

It doesn't mean the local authority are under any obligation to take account of their demands in granting or declining PP, or attaching conditions to it.

Does the extension impinge upon this boundary?

Thanks for explaining it so clearly.
No, the extension would not go anywhere near this part of the fence, it is several metres away.  It is a side extension to an original single storey "extension" built at the same time as the rest of the house.  

AdrianC

Then the planners are immensely unlikely to even give a second thought to the fence.

May I suggest lemon drizzle?

princeofpounds

Agree with the others. It is irrelevant to PP.

However, it's not irrelevant to you and your property if you choose to build on an area under dispute, but it sounds like that is not happening.

As for the boundary itself - if it has been in its current position for 20 years or more then it has become the de facto boundary.  Has it? Given your neighbours may be gearing up for a dispute here, I suggest you take evidence of the current state of the boundary in case you wake up to a different fence one morning.

It would be a bit easier to comment on the boundary dispute itself if it was at all clear what the neighbours were claiming.

foofi22

princeofpounds said:

Agree with the others. It is irrelevant to PP.

However, it's not irrelevant to you and your property if you choose to build on an area under dispute, but it sounds like that is not happening.

As for the boundary itself - if it has been in its current position for 20 years or more then it has become the de facto boundary.  Has it? Given your neighbours may be gearing up for a dispute here, I suggest you take evidence of the current state of the boundary in case you wake up to a different fence one morning.

It would be a bit easier to comment on the boundary dispute itself if it was at all clear what the neighbours were claiming.

The current occupants bought the place in 1999 (going off Rightmove/Zoopla sold prices).  Therefore assuming the change preceded their arrival, the boundary has been in place for >20 years.  That's just my guess though.
Whilst I doubt they would take any action such as moving the fence, I'll just pop out and take some photos!

princeofpounds

Old aerial/satellite photos may help you go back more than 20 years, even if the previous owners are no longer contactable.

I would also be hopeful that they don't take any action - they haven't for years and only seem to be trying to do so under cover of the planning permission (totally misguided of course!).

Nevertheless, make sure you have legal protection on your house insurance in case anything comes up in future.