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Boundary put in wrong place by builders

darleydame
darleydame Posts: 74 Forumite
Part of the Furniture 10 Posts Name Dropper Combo Breaker
edited 25 May 2024 at 12:46PM in House buying, renting & selling
Our drive  of our 8 year old house is between us and the side of next doors house. It runs straight  then dog legs out at their front garden.
the rest down the side of our drive is filled in with gravel.
Several years ago my neighbour objected to me keeping my bins on the gravel next to their fence thinking its theirs so I moved them onto my drive.
Thought I would download the title plan today and it shows the boundary should run from their fence, along their house wall straight to the pavement making the gravel area and the dog leg of garden our property.
I have no intention to straighten the boundary line and take back the few feet of garden but am aware that if I don't do anything it will become their property and might cause problems when it comes to selling, although when we bought we never noticed the developers had made this mistake.
 So my question is should I inform them, it would have to be in writing as we aren't on speaking terms, but they can deny I told them or just move my bins back and see what happens, then if challenged point out the actual boundary?


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Comments

  • p00hsticks
    p00hsticks Posts: 14,274 Forumite
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    edited 25 May 2024 at 1:21PM
    First of all I'd check their plan as well.
    But from what you describe there is nothing physically marking the actual boundary as shown on your plan ?
    It's just a gravel area accessible to both houses ? 

    Unless your neighbours have exclusive use of the area -(which it sounds not if you could put your bins there) then as far as I'm aware there is no danger of it becoming their property (and even if there was then they'd have to claim adverse possession which as the landowner you'd be notified of and have a right to refuse permission) 

    If your bins are ok where they are then just moving them back without saying anything strikes me as rather passive-aggressive action which I'd avoid. Having to declare a dispute with a neighbour is just as likely to complicate any future sale as an unclear /unmarked boundary is.    
  • propertyrental
    propertyrental Posts: 3,391 Forumite
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    Tea and cake......
  • darleydame
    darleydame Posts: 74 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Thanks @p00hsticks
    There is no access for them except along my driveway and the gravel strip is about as wide as a wheelie bin. The developers site plan show a straight boundary.
    On reflection I will move the bins back as they do get in the way of my reversing the car into the garage as the mirrors hit them and I have to bring them in earlier than I would like! Never have mastered the car and garage since my husband had to stop doing it.
    If she brings herself to talk to me about it I can then show her the title deed plans and mention the garden bit is mine also but have no intention of claiming it. 


  • Doozergirl
    Doozergirl Posts: 34,058 Forumite
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    Tea and cake......
    Not a chance,  I don't take kindly to bring called a racist and a liar which I'm not. She is eastern European
    A passive aggressive approach isn't going to make it any better.  

    A polite note, with a copy of the title plan, letting them know in advance that you will be putting the bins back is about the least you should do. 

    You know what will happen if you just move the bins. 
    Everything that is supposed to be in heaven is already here on earth.
  • p00hsticks
    p00hsticks Posts: 14,274 Forumite
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    From that photo,darleydame said:



    From that photo, it would be logical for the boundary to follow the straight line marked from the right hand side of the garage. If you are saying that you own number 67 but believe that the plan shows that you also own that bit of gravel to the right of the bin, I think if i was your neighbour I'd be disputing it.

    From what I recall, Isn't there some sort of disclaimer on title plans to say that the boundary is only an indication and not necessarily accurate to the nearest inch ?
  • Silvertabby
    Silvertabby Posts: 9,964 Forumite
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    If you are No 67, then there is absolutely no way that you would own the garden in front of your neighbour's bay window.  Your plans must be wrong.
  • ProDave
    ProDave Posts: 3,785 Forumite
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    As the boundary is shown as a straight line, the solution to where the boundary is at the front is to look behind the garage and see where the fence is between the 2 gardens.  If the fence is in line with the corner of your garage, then the gravel bit is the neighbours. I strongly suspect that is now it is.

    On the other hand if your rear fence is aligned with the end wall of the neighbours house then the gravel is yours.  I would also expect you to have a thin strip alongside the garage fenced off if that is the case otherwise the neighbour would be "borrowing" a bit of your garden,.


  • Bookworm105
    Bookworm105 Posts: 2,016 Forumite
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    ProDave said:
    As the boundary is shown as a straight line, the solution to where the boundary is at the front is to look behind the garage and see where the fence is between the 2 gardens.  If the fence is in line with the corner of your garage, then the gravel bit is the neighbours. I strongly suspect that is now it is.

    On the other hand if your rear fence is aligned with the end wall of the neighbours house then the gravel is yours.  I would also expect you to have a thin strip alongside the garage fenced off if that is the case otherwise the neighbour would be "borrowing" a bit of your garden,.


    Except that would mean the OP's garage guttering is "infringing" into the neighbour's land. Not impossible, but if that is the case it rather supports OP's claim that the boundaries are "wrong"
  • ProDave
    ProDave Posts: 3,785 Forumite
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    ProDave said:
    As the boundary is shown as a straight line, the solution to where the boundary is at the front is to look behind the garage and see where the fence is between the 2 gardens.  If the fence is in line with the corner of your garage, then the gravel bit is the neighbours. I strongly suspect that is now it is.

    On the other hand if your rear fence is aligned with the end wall of the neighbours house then the gravel is yours.  I would also expect you to have a thin strip alongside the garage fenced off if that is the case otherwise the neighbour would be "borrowing" a bit of your garden,.


    Except that would mean the OP's garage guttering is "infringing" into the neighbour's land. Not impossible, but if that is the case it rather supports OP's claim that the boundaries are "wrong"
    Very common on housing estates.

    Lets wait for the answer where the fence between the 2 properties aligns.  Until that is know, anything else is pure speculation.
  • RHemmings
    RHemmings Posts: 4,681 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    ProDave said:
    ProDave said:
    As the boundary is shown as a straight line, the solution to where the boundary is at the front is to look behind the garage and see where the fence is between the 2 gardens.  If the fence is in line with the corner of your garage, then the gravel bit is the neighbours. I strongly suspect that is now it is.

    On the other hand if your rear fence is aligned with the end wall of the neighbours house then the gravel is yours.  I would also expect you to have a thin strip alongside the garage fenced off if that is the case otherwise the neighbour would be "borrowing" a bit of your garden,.


    Except that would mean the OP's garage guttering is "infringing" into the neighbour's land. Not impossible, but if that is the case it rather supports OP's claim that the boundaries are "wrong"
    Very common on housing estates.

    Lets wait for the answer where the fence between the 2 properties aligns.  Until that is know, anything else is pure speculation.
    I was looking at the discussion above and I was thinking that how can we be sure what the situation is based on the current information. OP, I'd like to see a copy of your title plan. Please remember to remove identifying information, such as street and landmark names. 
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