What would you do? boundary

Tigertailor

We have an open back garden and got a boundary land survey(GPS etc) that shows the boundary at 2.8m from a fixed structure. The neighbour had a survey done(tape measures) at 1.5m from same structure.

We said split the difference, around 2-2.20m)
Neighbour won't compromise and says he will see us in court he's only allowing until 1.5m. And saying he'd rather see us through courts and sell off stuff to pay for it.

We do have legal insurance agreed already(thought there might be an issues) and fence builders who've been trying to mediate.

What would you do? or do next???

user1977

It would probably have made more sense to continue your previous thread, as the above post doesn't really have the background information we'd need:

https://forums.moneysavingexpert.com/discussion/6263886/boundary-upset-after-surveyor/p1

SallyDucati

Having read through the other thread, I think you have no choice but to go through solicitors now.  Your neighbour isn't going to come to any amical agreement, although well done for trying as much as you have.  He's a bully, especially if not willing to meet in the middle with two survey results.

letsbetfair

Will your legal insurance fund mediation? Unless there's something very special about the land, it'll be in no-one's interest to end up in an expensive boundary dispute for 70cm of land

Jeepers_Creepers

"Split the difference?" "SPLIT THE DIFFERENCE?!!!"

Are you insane?  

I've just reread the original thread, and it seems pretty clear to me that you are not dealing with a reasonable or rational person.

There is therefore only one correct course of action - you engage your LP solicitor now. This will either get your neighb trying to counter, either by paying for their own solicitor (daft - he'll be skint) or their own LP (who will very quickly say 'Non', once they realise they won't win), or else he'll capitulate.

It would make sense for him to also engage a surveyor, and hopefully the two sets of results will be in close agreement. (If he doesn't do this, it's pretty obvious he does actually know the truth.) If he does, and the two surveyors don't fully agree, then it might be compromise time.

Chances are, tho', that his will come out pretty much as your surveyor measured. On that basis - when neigh has 'lost', you simply go ahead and have your fencer build a fence in the correct location. Anything in the way, you remove. Any form of interference or retaliation by the neighb, you call the local police immediately and show them the case documents. He will be told to 'cease and desist'.

Tigertailor

user1977 said:

It would probably have made more sense to continue your previous thread, as the above post doesn't really have the background information we'd need:

https://forums.moneysavingexpert.com/discussion/6263886/boundary-upset-after-surveyor/p1

Oh, I just didn't want to bore anyone with the whole saga since we'd come along a bit...

Tigertailor

It sounds a small bit of land but it's trajectory means the gaining of  approx 10m of riverbank by my cabin.

Tigertailor

Update,

neighbours' survey is not a land/boundary survey, more a building plan survey.
It's based on a measurement that the neighbour says he took at the time he bought(no evidence) from fences that no longer exist(no evidence of these, not even on old title plans) measured from a broken/overgrown chainlink fence that is there now instead.

I am now getting 'blackmail' offers from him to ignore any other infractions and I can have my fence...

Sometimes I think my life is more soap opera than real

Can I just put it up on my side of boundary already?!?! This neighbourly diplomacy is not getting me anywhere 

Jeepers_Creepers

You owe this neighbour nothing - no concessions whatsoever. They've 'blown' any possible entitlement to compromise or consideration - not that they had any to start with.

Anything you leave 'grey', they will fill with black to suit themselves.

Armed with the proper GPS survey - which I presume is pretty watertight (does it come with any indemnity should they have got it wrong?!) - I would employ (or DIY) a new boundary fence along the exact correct border line. If you think it worthwhile, to keep yourself completely covered against any 'legal' challenge from him, I would position it a few inches (or whatevs) inside your boundary - that should prevent any 'you crossed the line' rants. Take lots of before, during and after photographs to keep an exact record of what you are doing, including that you are - very considerately - keeping to within your land.

I think I'd first make it clear - in a recordable way - what your intention is, and pass this to your neighb along with a copy of the GPS survey; you do this to demonstrate you are being completely open about your intentions. When he explodes/whines/cries/shouts/threatens, just shrug and say, "That's the true boundary - no question. No more confusion, no more discussion, no more argument - we can both now get on with enjoying our rightful land..."

Have your phone on record. If he makes any threat - "you put that fence up and I'll tear it down!" - or shows excessive aggression, call the local Bobby (which you have on speed dial) right away. Your neighbour will be told how to behave, so if he then carries out his threat, he'll be in even deeper poo.

Nip it now. Sort it out. Enjoy.

(Have we asked - do you have LP on your house insurance? If so, call them up for advice; "I have my GPS survey, and my intention is to inform the neighb of the new boundary, and then proceed to put up a new fence - is this the correct procedure? Cool. What do I do if...")