Yet another boundary dispute

Re: Yet another boundary dispute

Postby despair » Tue Dec 16, 2014 10:20 am

DITTO

block that door PDQ
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Yet another boundary dispute

Postby bluegate » Tue Dec 16, 2014 10:29 am

nothingtodowithme - the anecdotal evidence was from a man who lived in the area as a child and still leaves nearby, and was relayed by my neighbour to me as "he said he used to be able to squeeze along the gap between the fence and the wall and scrump apples from your tree". That doesn't equate to being able to 'walk' around his property to me.
bluegate
 
Posts: 41
Joined: Tue Apr 15, 2014 9:16 am

Re: Yet another boundary dispute

Postby snyggapa » Tue Dec 16, 2014 5:17 pm

then leave enough gap between the property wall and your new fence panel for a child to squeeze along

six inches should do it
snyggapa
 
Posts: 33
Joined: Mon Jun 20, 2011 11:52 pm

Re: Yet another boundary dispute

Postby MacadamB53 » Tue Dec 16, 2014 7:49 pm

Hi bluegate,

here's my original advice:

I can not see anything in his title plan which would lead me to believe he owns a 2' strip down the side of his house.
On that basis I'd recommend you defend your property and politely inform him you will be doing so unless a court decides otherwise.


to be clear, his title plan indicates he MAY own SOME land along the side of his house.

in the event he takes things further, however, since you and your predecessors have made use of it for +10 years you can apply to be registered as the owner.

whether your application is successful will rest on the strength of your evidence - a 'statement of truth' from you (and one from your predecessor if you apply in the next 10 months) stating how you have used the land during the last +10 years.

HMLR will immediately notify the registered proprietor who will be given 65 days to raise an objection and if an objection is received the application will be rejected.

however, in a situation like yours - where you have been in adverse possession of land adjacent to your own under the mistaken but reasonable belief you own it and the exact line of the boundary has not been determined (as per s.60 of the Land Registration Act 2002) - your application will not be rejected.

as things stand today just continue to use the land as you always have - which is as an owner would - unless you decide it is not worth it.

Kind regards, Mac
MacadamB53
 
Posts: 6023
Joined: Mon Dec 10, 2012 12:13 am

Re: Yet another boundary dispute

Postby bluegate » Wed Dec 17, 2014 11:30 am

Hi mac,

Thanks for the advice.

I had looked into registering the land but I can currently only prove possession back to Nov 2005 (when the previous owners moved in), which is 9.1 years. I'd need to wait until Nov next year to have the requisite 10 years. It might be worth playing the long game though...

Thanks again,
bluegate
bluegate
 
Posts: 41
Joined: Tue Apr 15, 2014 9:16 am

Re: Yet another boundary dispute

Postby bluegate » Thu Jan 08, 2015 11:14 am

Hi all,

I believe I've found some context to the statement from the neighbour regarding "being able to squeeze between wall and fence to scrump apples...". I've been talking to the previous owners of my property and they were kind enough to send over some photographs from the day they first viewed the property in April 2005:

Image

...what I believe is being referred to is the small gap between the fence and the wall present in this photograph. That makes much more sense as if the fence line had followed the wall you wouldn't be able to get anywhere near any fallen apples. The gap was subsequently closed up by the previous owners.

In other news, the fence panel is going up across the uPVC door shortly, all the building rubbish deposited along the wall is being removed and the land restored to its previous state. I'm going to store the building rubbish for 7 days and give the neighbour the option to claim it, otherwise I'll dispose of it after 7 days is up.

It appears that some of the materials he used to form edging (the large concrete blocks), he'd actually "borrowed" from a pile of them I have stored by the garden shed :roll:

Regards,
bluegate
bluegate
 
Posts: 41
Joined: Tue Apr 15, 2014 9:16 am

Re: Yet another boundary dispute

Postby bluegate » Mon Jan 12, 2015 10:49 am

Morning all,

The fence panel is now up blocking the neighbours access via his door into my garden and all of the building rubbish he dumped in my garden has now been removed. The neighbour didn't appear to be around at the weekend so there wasn't any trouble whilst I was doing it.

I've now got 42 rubble bags and a Hippo bag full of his building rubbish :evil: I'll be getting a skip after 7 days if he hasn't claimed it.

Regards,
bluegate
bluegate
 
Posts: 41
Joined: Tue Apr 15, 2014 9:16 am

Re: Yet another boundary dispute

Postby arborlad » Mon Jan 12, 2015 2:08 pm

bluegate wrote:Morning all,

The fence panel is now up blocking the neighbours access via his door into my garden
Regards,
bluegate



There are no guarantees in situations like this, but rest assured - you have acted correctly.
arborlad

smile...it confuses people
arborlad
 
Posts: 7383
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Yet another boundary dispute

Postby despair » Wed Jan 14, 2015 10:59 pm

I think the OP has acted very reasonably

many people would dump all the builders rubbish on the neighbours side too
why should the OP have the expense of getting a skip
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: Yet another boundary dispute

Postby bluegate » Wed Feb 04, 2015 11:34 am

Hi all,

Just a minor update - not much going on really.

The deadline for the neighbour collecting his waste was a week ago and I've heard absolutely nothing from him so it's going to be disposed of shortly. The fence panel I erected to block his door hasn't been touched.

He has also replaced his dormer window glass with frosted glass as was required by the council. :)

Regards,
bluegate
bluegate
 
Posts: 41
Joined: Tue Apr 15, 2014 9:16 am

Re: Yet another boundary dispute

Postby arborlad » Wed Feb 04, 2015 12:00 pm

nothingtodowithme wrote:
bluegate wrote:Morning all,

The fence panel is now up blocking the neighbours access via his door into my garden and all of the building rubbish he dumped in my garden has now been removed. The neighbour didn't appear to be around at the weekend so there wasn't any trouble whilst I was doing it.

I've now got 42 rubble bags and a Hippo bag full of his building rubbish :evil: I'll be getting a skip after 7 days if he hasn't claimed it.

Regards,
bluegate





Do you think it was a good idea to put up a fence panel,.



Yes - it shows resolution and determination on behalf of the OP.




Not a good move IMHO



On the contrary - an excellent move IMHO.
arborlad

smile...it confuses people
arborlad
 
Posts: 7383
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Yet another boundary dispute

Postby simonds63 » Wed Feb 04, 2015 1:52 pm

Hi did you solve your problem? We are a Land Survey Company (SCL Surveys) based in Staffordshire we can survey your land and produce a large scale plan at 1/200 scale with dimensions added. This would be drawn, and could be submitted to the Land Registry to accompany your Title plan for the future.

Extract from LR:

Working out the exact boundary

You can set the exact boundary for your land or property if you want to.
However t is possible to 'fix' the boundaries on a property more precisely please this link to the GOV.uk website -Working out the exact boundary
1. Agree any unclear areas with your neighbours and sign an agreement with them if possible. You can ask a surveyor or a solicitor for advice.
2. Get a surveyor to draw up a detailed plan and send this to Land Registry, with a completed application to determine the exact line of a boundary, £90 fee and any agreements with neighbours.
You can apply to have the agreement added to the title for your property and your neighbour’s. Fill in form AP1 and send it to Land Registry with a copy of the boundary agreement and the appropriate fee.
simonds63
 
Posts: 5
Joined: Sat Jan 31, 2015 9:26 am

Re: Yet another boundary dispute

Postby bluegate » Thu Nov 12, 2015 10:25 am

Hi all,

An update - it's all got rather unpleasant with the neighbour now and I've had several letters from his solicitors demanding I remove the fence panel blocking his access to my garden. He is adamant that he will not walk around to the front of my property to gain access to my garden via my front gate - he wants to put in a removable fence panel than I can lock from my side (how nice of him), and that I can remove when he asks for access to clean his gutters and fascias. He says it's too far for him to walk as he's 72 (even though he has done a large amount of the building works for his extension himself).

So far (3 letters), he has failed to produce any evidence at all to support his claim that he owns an 18" strip of land down the side of his property, whereas I have photographs going back to 2004 that show the wall as the boundary, and two statements of truth from the 2 previous owners of my property stating that the wall was the boundary when they lived there.

I declined a proposed joint survey but agreed to allow his surveyor access to my garden on Monday to measure up. I've no idea what the outcome of that will be but it took her 4 hours to do it all.

My biggest fear is spiraling costs - so far it's only cost me postage as I'm responding myself and using my legal insurance help line for advice, but I could potentially make a claim against my insurance later on if I'm out of my depth.

Regards
bluegate
bluegate
 
Posts: 41
Joined: Tue Apr 15, 2014 9:16 am

Re: Yet another boundary dispute

Postby cleo5 » Thu Nov 12, 2015 2:53 pm

Check your legal insurance very, very carefully before you consider any legal action.
Some companies have a nasty way of wriggling out of what they call neighbour disputes.
Read the very small print and check with them exactly what you are covered for before you consult a solicitor.
cleo5
 
Posts: 272
Joined: Mon May 18, 2015 12:33 pm

Re: Yet another boundary dispute

Postby bluegate » Thu Nov 12, 2015 3:36 pm

Thanks for the advice cleo5. I've gone through the policy booklet once already and just gone through it again.

A couple of the more interesting clauses:

  • You may be required, at our discretion, to obtain at your expense, an opinion from an expert that we consider appropriate, on the merits of a claim or proceedings, or on a legal principle. The expert must be approved in advance by us and the cost agreed in writing between you and us. Subject to this, we will pay the cost of getting the opinion if the expert’s opinion indicates that it is more likely than not that you will recover damages (or obtain any other legal remedy which we have agreed to) or make a successful defence.
  • Do not ask for help from a solicitor or accountant before we have agreed. If you do, we will not pay the costs involved even if we do accept the claim.
bluegate
 
Posts: 41
Joined: Tue Apr 15, 2014 9:16 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
PreviousNext

Return to Boundaries

Who is online

Users browsing this forum: Google Adsense [Bot] and 5 guests