No action or contact from neighbours solicitors

Dantheman_3141

user1977 said:

thegreenone said:

Have you obtained yours and neighbour's deeds to see what they outline as yours and his land?  I believe you can do it very cheaply

Land Registry Deeds | Title Deeds and Documents – Land Registry Search  I hope this is the correct website.  Happy to be corrected.

"We are a commercial company neither owned by nor affiliated with HM Land Registry or the Government. We are an online service provider that charges an administration fee for our online services."

So not very cheaply! Use the actual HMLR site (assuming the property is in England or Wales), not the rip-off middlemen.

https://www.gov.uk/government/organisations/land-registry

The neighbour believes that the strip of land right next to my garage wall belongs to him and next to the strip of land is a private access way that does not belong to the local authority and leads directly towards the nuisance neighbours house and to the other properties alongside his house. 

Because our surveyor who is also a party wall expert did his surveying of our property and applied measurements on the OS Map and the original building plans made by the developers in the 1980’s. His conclusion was that the neighbours deeds shows he is responsible for the private access way as his property is the first property at the opening of the private access way and his conclusions were that his deeds have been drawn incorrectly and does not match to the OS Map and the builder’s original drawing plans when the houses in my street were constructed. 

bobster2

Dantheman_3141 said:

Because our surveyor who is also a party wall expert did his surveying of our property and applied measurements on the OS Map and the original building plans made by the developers in the 1980’s. His conclusion was that the neighbours deeds shows he is responsible for the private access way as his property is the first property at the opening of the private access way and his conclusions were that his deeds have been drawn incorrectly and does not match to the OS Map and the builder’s original drawing plans when the houses in my street were constructed. 

Huh??

So do you mean the neighbour's title plan stored by the Land Registry shows that they own this contentious strip? And that your title plan shows that you do not? And you contend that these title plans are wrong??

Dantheman_3141

bobster2 said:

Dantheman_3141 said:

Because our surveyor who is also a party wall expert did his surveying of our property and applied measurements on the OS Map and the original building plans made by the developers in the 1980’s. His conclusion was that the neighbours deeds shows he is responsible for the private access way as his property is the first property at the opening of the private access way and his conclusions were that his deeds have been drawn incorrectly and does not match to the OS Map and the builder’s original drawing plans when the houses in my street were constructed. 

Huh??

So do you mean the neighbour's title plan stored by the Land Registry shows that they own this contentious strip? And that your title plan shows that you do not? And you contend that these title plans are wrong??

No they don’t own the strip. Like I have said they own the private access way. It also clearly states that on his title registry. 

Also the strip of land is not the same or level with the private access way. The private access way is in tarmac and always has been where as the strip of land originally use to be grass that use to start from the side of our gate running along the side of the single storey garage wall to the front driveway which also had grass and a single pathway to which use to go straight to the front door of my house. 

Then when the previous owner of my house had a double storey extension (garage and bedroom
done in 2005) when the council granted him planning permission he had shale stones, a manhole and guttering on the gabble brick wall and drains that are on the strip of land. The council also approved all this in his planning papers. 

Then in 2016 we had the strip of land blocked paved. 

This is why the strip of land can’t be the same as the private access way. 

I know a lot of people think title plans are accurate but in some cases they are not. HM land registry offers a service to have them corrected and title plans do not show the exact boundaries. We also have enquired about this to HM land registry and they said this when I emailed them:


“To expand on this point, section 60 of the Land Registration Act 2002 provides that registered title plans are prepared showing general boundaries only, which means that the land edged red on the title plan must not be viewed as representing the definitive extent of the land. The red edging on a title plan cannot be used to establish the exact position of a boundary and measurements scaled from a title plan may not match measurements between the same points on the ground. Indeed, there is an endorsement to this effect on all official copy title”

Also further to your question the surveyor stated in report that the strip of land seems unadapted by either plans meaning mine or the neighbours. 

bobster2

You still don't seem to be clearly explaining what the LR title plan shows. You still seem to be saying the title plan is wrong? Your narrative is rather difficult to follow so why not post a close up image of the relevant area on your LR title plan - and a corresponding image of the same area on your neighbour's title plan so we can understand. I assume you have obtained both title plans?

Council planning permission documents won't help here - as planning permission can be granted to someone to build on land they do not own. Such documents won't demonstrate ownership.

Dantheman_3141

bobster2 said:

You still don't seem to be clearly explaining what the LR title plan shows. You still seem to be saying the title plan is wrong? Your narrative is rather difficult to follow so why not post a close up image of the relevant area on your LR title plan - and a corresponding image of the same area on your neighbour's title plan so we can understand. I assume you have obtained both title plans?

Council planning permission documents won't help here - as planning permission can be granted to someone to build on land they do not own. Such documents won't demonstrate ownership.

No sorry I won’t because you’re not a solicitor and I won’t post any confidential information that will expose my true identity and my whereabouts. This is also against site rules as well. 

The reason for my posting was to try and figure out if the person who I have spoken to is true to what he was saying that if an individual does not pursue a dispute or a claim in so and so years then does that mean that case is closed.

I know for injury cases or damages that if the damages or injury occurred more than 3 years then a claimant cannot make a claim in court so not sure what if there is a timeframe to say if a land dispute is closed or resolved if the person is not proceeding any further. 

The reason for that so I can encourage the police or the council to take any actions against the neighbour for swearing at us, challenging us to a fight, filming our property and us, driving over our driveway on purpose and wheel spinning on it. 

That’s all. 

user1977

Dantheman_3141 said:

bobster2 said:

You still don't seem to be clearly explaining what the LR title plan shows. You still seem to be saying the title plan is wrong? Your narrative is rather difficult to follow so why not post a close up image of the relevant area on your LR title plan - and a corresponding image of the same area on your neighbour's title plan so we can understand. I assume you have obtained both title plans?

Council planning permission documents won't help here - as planning permission can be granted to someone to build on land they do not own. Such documents won't demonstrate ownership.

No sorry I won’t because you’re not a solicitor and I won’t post any confidential information that will expose my true identity and my whereabouts. This is also against site rules as well. 

The reason for my posting was to try and figure out if the person who I have spoken to is true to what he was saying that if an individual does not pursue a dispute or a claim in so and so years then does that mean that case is closed.

I know for injury cases or damages that if the damages or injury occurred more than 3 years then a claimant cannot make a claim in court so not sure what if there is a timeframe to say if a land dispute is closed or resolved if the person is not proceeding any further. 

It isn’t “resolved”, they’ve just gone quiet about it. It’s open to either party to start arguing about it again whenever they want. And even without an active dispute, a buyer might spot the potential discrepancy.

Sounds like you’d need to disclose the other stuff anyway.

bobster2

Dantheman_3141 said:

bobster2 said:

You still don't seem to be clearly explaining what the LR title plan shows. You still seem to be saying the title plan is wrong? Your narrative is rather difficult to follow so why not post a close up image of the relevant area on your LR title plan - and a corresponding image of the same area on your neighbour's title plan so we can understand. I assume you have obtained both title plans?

Council planning permission documents won't help here - as planning permission can be granted to someone to build on land they do not own. Such documents won't demonstrate ownership.

No sorry I won’t because you’re not a solicitor and I won’t post any confidential information that will expose my true identity and my whereabouts. This is also against site rules as well. 

The reason for my posting was to try and figure out if the person who I have spoken to is true to what he was saying that if an individual does not pursue a dispute or a claim in so and so years then does that mean that case is closed.

I know for injury cases or damages that if the damages or injury occurred more than 3 years then a claimant cannot make a claim in court so not sure what if there is a timeframe to say if a land dispute is closed or resolved if the person is not proceeding any further. 

The reason for that so I can encourage the police or the council to take any actions against the neighbour for swearing at us, challenging us to a fight, filming our property and us, driving over our driveway on purpose and wheel spinning on it. 

That’s all. 

It's not against the site rules to post a close up cropped image of the relevant area on the title plans without any identifying information.

But in general - just as council planning documents do not establish ownership - a neighbour's solicitor not writing to you for a few years also does not conclusively establish ownership. You can't say there was a legal case that was "closed" because nobody brought a case before a court.

Land disputes are different to injury tort cases - because an injury usually arises from a particular event. In contrast, trespass can be an ongoing thing. If you don't own the land - it's not going to become yours after 3 years just because you've got your bins there and the solicitor has stopped writing to you.

Whether you'd call it an ongoing "dispute" in other contexts (e.g. on property information forms) that's a different matter.

But it sounds like you've got some more general unpleasantness going on between your and your neighbour.

Dantheman_3141

Like I said I do not want any advice in regards to the dispute as the surveyor has done his part. And in regards about posting cropped pictures. Image reverse searches could show the source of a picture that could lead back to me and my home address. 

If the neighbour continues bring a d***head then maybe we might have to have some injunction 

TroubledTarts

From that can be read here (which will be only one side of the dispute and biased) Imthen no the legal action won't be over and could be continued at any time.

Dantheman_3141

bobster2 said:

Dantheman_3141 said:

bobster2 said:

You still don't seem to be clearly explaining what the LR title plan shows. You still seem to be saying the title plan is wrong? Your narrative is rather difficult to follow so why not post a close up image of the relevant area on your LR title plan - and a corresponding image of the same area on your neighbour's title plan so we can understand. I assume you have obtained both title plans?

Council planning permission documents won't help here - as planning permission can be granted to someone to build on land they do not own. Such documents won't demonstrate ownership.

No sorry I won’t because you’re not a solicitor and I won’t post any confidential information that will expose my true identity and my whereabouts. This is also against site rules as well. 

The reason for my posting was to try and figure out if the person who I have spoken to is true to what he was saying that if an individual does not pursue a dispute or a claim in so and so years then does that mean that case is closed.

I know for injury cases or damages that if the damages or injury occurred more than 3 years then a claimant cannot make a claim in court so not sure what if there is a timeframe to say if a land dispute is closed or resolved if the person is not proceeding any further. 

The reason for that so I can encourage the police or the council to take any actions against the neighbour for swearing at us, challenging us to a fight, filming our property and us, driving over our driveway on purpose and wheel spinning on it. 

That’s all. 

It's not against the site rules to post a close up cropped image of the relevant area on the title plans without any identifying information.

But in general - just as council planning documents do not establish ownership - a neighbour's solicitor not writing to you for a few years also does not conclusively establish ownership. You can't say there was a legal case that was "closed" because nobody brought a case before a court.

Land disputes are different to injury tort cases - because an injury usually arises from a particular event. In contrast, trespass can be an ongoing thing. If you don't own the land - it's not going to become yours after 3 years just because you've got your bins there and the solicitor has stopped writing to you.

Whether you'd call it an ongoing "dispute" in other contexts (e.g. on property information forms) that's a different matter.

But it sounds like you've got some more general unpleasantness going on between your and your neighbour.

The disputed land has been in our use since we moved here in 2012. So legally we can gain prescriptive rights to the land as advised by our surveyor as it’s been over 12 years. 

We want to hire solicitors to gain rights over the land but we want to pay out of our own pockets to initiate the case then see what happens if the neighbour backs off. 

But still I wish the local authorities could take action against the neighbour’s behaviour towards us. Even the other neighbours are getting fed up with him as well.