Neighbour dispute

Section62

https://forums.moneysavingexpert.com/discussion/comment/82111968#Comment_82111968

The "deeds map" aka 'title plan' will probably show a 'general boundary'. The plan will likely use OS mapping at either 1:1250 or 1:2500 scale.

The width of a line on a 1:1250 OS plan is roughly equivalent to 0.3 metres. The line itself could be 0.5m (or more) away from the true position of the feature it represents, which may not be the legal boundary. Small features (such as a dogleg in a fenceline) may not be shown.

OS mapping and general boundaries simply aren't accurate to within a half-inch, it is misleading to suggest otherwise.

It is a reasonable starting assumption that the garden boundary will align with the centre of the party wall, but it is far from 99% or 100% unambiguous.

WIAWSNB

95% - my final offer.

If the properties were semi or terraced, and the deeds maps showed straight boundaries, and the physical features/barriers on the ground showed ditto, and in the absence of any other suggestion that the boundaries were not straight, then it would be near-certain that the boundaries were not only 'straight', but ran down the exact line shown, which could be determined to a half-inch.

But I take your point.

This would be of help to the OP, but not if the properties are detached.

Jude57

https://forums.moneysavingexpert.com/discussion/6680614/neighbour-dispute

Nothing to add to the advice about the boundary issue but it's interesting that the neighbour says his nephew is living in the house when you know he isn't. It's likely that the neighbour is liable for Council Tax on the property at whatever the multiple is in your local authority area, so twice, three times or more the Council Tax for that Band of property. A way around that is for someone to move in and claim Single Occupant Discount of 25% of the standard rate of Council Tax. Thus, instead of paying several times the standard rate, the neighbour pays only 75% of the standard rate. Or less if the nephew is also claiming State benefits at that address. Of course, OP, you cannot know for certain whether the neighbour is using this ruse to minimise the cost of the empty property but, if it were me, I'd be letting the Council Tax team know what you know and let them take it from there. Councils may have Empty Property officers whose job it is to visit empty properties in their area and confirm that they are indeed unoccupied. The Council certainly won't tell your neighbour where they got their information.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82112328#Comment_82112328

In addition, there is the house insurance which relies on continuous occupancy as standard. If there really isn't anyone living there on a regular - at least monthly - basis, they should have the far more costly 'unoccupied' cover.

Ooooh, the potential 😉

Boohoo

OP says the parents died but OP hasn't said how long ago so maybe the estate is in probate and he isn't the legal owner.

The OP should maybe get a copy of the deeds for that property to be sure of who at this moment in time owns the property.

Grassing on the neighbour about the possibility of not paying or being liable for council tax due to nobody living there could backfire if the council person turns up as it won't take Einstein to work out who it is as the OP and the neighbour have just started a dispute of a hedge/fence.

Slinky

https://forums.moneysavingexpert.com/discussion/comment/82112008#Comment_82112008

I know of a terrace of houses where the garden immediately behind the house belongs to the immediately adjoining property all the way along the terrace, with the gardens not being at 90 degree angle to the houses. It's somehow to do with where the garden of the house on the corner of the neighbouring street overlaps behind the first terraced house.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82113634#Comment_82113634

And were these non-perp boundaries clear in the deeds map? Did all the side-neighbour's rear boundaries follow a continuous line, even if squint?

Of course there are exceptions. I was trying to get info from the OP that could perhaps help judge whether the fence line he 'presumably' thinks is correct, actually is. A clue.

Unfortunately the OP has not come back with this. Right now, I'm struggling to not assume that the OP actually suspects the fence ain't right. He has told us nothing tangible to support his case.

Slinky

https://forums.moneysavingexpert.com/discussion/comment/82113792#Comment_82113792

I've no idea about the deeds. My dad lived briefly in one of the cottages when he was evacuated there in 1939 and got told off for going out the back into the wrong garden…