Our extension encroaches onto neighbour's property - how to sort out?

maisie_cat

In our last house our porch guttering overhung the neighbours porch and their lower porch gutter was against the wall. So we were both encroaching although theirs was far more recent.
Our buyer's solicitor insisted on an indemnity policy for lack of easement. We didn't pay for it, but I believe our buyers did. If it's been there for some time that may be all that's needed.

outtatune

aoleks said:

Rosa_Damascena said:

aoleks said:

I would make sure my boundary is where I think it is, land registry documents are not suitable for that purpose. A boundary surveryor will be able to help, but aince the neighbour didn’t say anything, it will all be fine.

there is a chance the buyer’s surveyor will pick it up, pay an indemnity insurance (YOU pay, not the buyer) and that’s that, no problem at all.

even if it goes to court and the judge decides in your/the new owner’s favour, they won’t do anything for a few inches.

Great, lets all start grabbing our neighbour's land then!! (I speak as a bitter victim).

I’m not saying it’s right, don’t get me wrong, but read this…

https://www.ogier.com/news/familys-lost-home-over-boundary-dispute-underlines-the-importance-of-legal-advice#

someone encroached on HIS property (literally 3 inches, not more!!). After 8 years and £130k, guess who had to sell their home?

not the idiot who encroached, but the victim who lost 3 inches. As I said, judges don’t look favourably at these things and for 1-2 inches, you’re better off ignoring the problem.

if you do want to cause any legal damage, you are of course allowed to do anything in your garden, you could plant some trees next to your neighbour’s extension, you can have a fountain that would cause him severe damp problems etc.

but don’t to court over this, you’re risking your livelihood over nothing.

No, he says someone encroached on his property.

Land_Registry

Alderbank said:

We are talking about 150mm?

I would be surprised if the Land Registry defines your property to within a few millimetres.

The registered information doesn’t define the legal boundary so as stated 150mm or 6 inches won’t show up. 

Whilst you could transfer such a small slither of land I’d suggest a boundary agreement or determined boundary application would be a better option. If of course it’s an issue either party wants to resolve formally 
https://www.gov.uk/government/publications/boundary-agreements-and-determined-boundaries