“
Hello again,
Thanks for all the response regarding my and other issues like this.
I have had another confrontation from my neighbours again today. They are now threatening a court case about the boundary. So i guess we will now have to wait for them to send us their paperwork from whatever solicitor they have got. So they have accepted they can't just take the fence down, which is progress, of a sort.
But i would like to know for sure is, if by buying a property and signing the contract to buy a property are you signing off on the positoin of your boundarys? No, because as the Land Registry rep explained, neither where the boundary is shown on the plan, or where it is in reality, always defines exactly where it is.
That's something that ultimately neighbours must agree on between themselves, or have the matter decided by a court.
If this is true all i will need to do is proove the fence I have is in the same position as the old fence and the old fence was in position at the time he purchased the house. This would be your stance if you wanted to claim adverse possession. In that case, you'd be saying you agree the fence has been in the wrong place for so long, you've gained legal possession of the extra land it encloses.
They still dont believe the photos are true, i have one with my wife aged 13ish and she is now in her 30s as well as photos of the old and new fence position. Surely they dont have a leg to stand on. Do they? Possibly not, but it would probably need someone like a specialist surveyor to assess the weight of evidence shown in photographs. After all, if the neighbour is doubtful about the photos, could others not also question what they show? Are you going to employ a land surveyor?
I am also sure they have no proof the fence i have recenly put up (2 years ago) is further in their garden than the old fence. Fine, but if that's what's in their heads, you have the same problem as you do with the photos.
It all stems from a badly installed boiler anyway! Someone kinked the old cast iron downpipe further onto my wall to make room for the new boiler. This meant there was no room for a higher fence to be installed, apart from thier side of the part wall! Again, you seem to be suggesting this badly installed boiler and the solution agreed at the time has given you rights acquired over time. i.e. adverse possession.
Sorry last question, could any corgi registered person confirm that a boiler flue has to be further than 300mm from the party wall? What time are we talking about exactly? Regulations change over time. Even the names of organisations change. There are no Corgi registered fitters now; they're referred to as Gas Safe Engineers
Thanks again
Hope someone can help!
Originally posted by spu98amj
”
As I see it, what the Land Registry Rep said is most relevant here:
"The key is what do you both want and how far are you prepared to go to achieve it?"
On the face of it, you are putting forward a strong case for adverse possession, so the other thing the LR Rep said is particularly pertinent:
"Experience shows that a dispute is rarely any good to either neighbour on a very wide range of levels."
While this dispute rumbles on, neither party will be in a good place emotionally, or to sell their property, should the need arise. You both have to consider carefully and objectively what the small piece of land is really worth.