We own our neighbours garden!?

Re: We own our neighbours garden!?

Postby mr sheen » Sun Dec 13, 2015 7:49 am

spennyroo wrote:
When my solicitor showed us the title plans we immediately said the wall did not correspond to the position shown on the plans, we were advised that in the solicitors opinion we were buying what was shown on the title deeds and guaranteed by the Land Registry. Due to the specific circumstances we were in at the time we had little choice but to complete and try and sort things out afterwards, we actually went round to our neighbours two days after we moved in, we would have gone earlier but we were a bit busy, I suppose the formal dispute only became such when my neighbour objected to the LR application!!



No need for me to answer the question you asked me re: burden of proof, since that has been well covered by Ukmicky and I can jus ditto his comment.

If there appears to be a discrepancy between the register and the physical boundaries, the time to address that is before proceeding to completion. You have now confirmed that you could see an issue but chose to complete anyway ( personal circumstances are irrelevant). We live in a country full of choices and a huge array of property for sale and you made the conscious decision to accept the property as it was and buy it in a 'buyer beware' legal system. If it didn't meet your expectations or requirements, you had the option to withdraw after recognising that the property did not appear to you to match the plan. This implies acceptance of the property as is. You didn't think that the LR go round to every property to check where the physical boundaries were surely? They rely on solicitors and prospective buyers checking.

As many have told you, the LR register shows just the general boundary. This is why during the conveyancing process you are expected to check that you are happy that the physical boundaries are acceptable to you.

So on your side you have...the general boundary does not APPEAR to match the physical boundary, in your opinion. Burden of proof.
You have not sought an objective legal opinion of your case and are focused on LR resolution which has been refused by neighbour, so legal route will take over and you are not following court protocols making you vulnerable to costs for BOTH sides.

On neighbours side they have...having had adequate chance to consider the title and property, you chose to buy it as is. Thus you accepted the property with its boundaries as it was being sold to you by the vendor. The vendor sold you the property with the wall as the boundary.
The physical boundaries have been in place for many years and were previously accepted as the legal boundary by previous owners and neighbours for many years (supported by fact that there were no disputes when the wall was built or afterwards and also statements of truth from neighbours). Hence estoppel applies.
The neighbour has a legal team seeking to resolve the matter and following legal protocols.

Perhaps you can outline, your legal argument in the light of the strength of the defence.
mr sheen
 
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Re: We own our neighbours garden!?

Postby spennyroo » Fri Feb 26, 2016 9:04 am

Hello all,

Just a quick update. We have reached agreement with our neighbour, or at least my neighbours solicitor, and have sold the disputed land to him.

We are now just waiting for the Tribunal process to complete whereupon I will post a full summary of the process, this may help someone faced with a similar situation in the future.

Regards
S
spennyroo
 
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Re: We own our neighbours garden!?

Postby MacadamB53 » Fri Feb 26, 2016 10:23 am

Hi spennyroo,

We have reached agreement with our neighbour, or at least my neighbours solicitor, and have sold the disputed land to him.

you've sold it to his sols?!?

only joking.

sounds like everything might work out well for all. :D

looking forward to the update on the tribunal.

Kind regards, Mac
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Re: We own our neighbours garden!?

Postby spennyroo » Fri Feb 26, 2016 10:40 am

:lol: :lol: :lol:

I'm quite happy with the outcome but a little bit of me is sorry it didn't go to court!

However it is some consolation that my costs for the whole process are £320 whereas I know for a certainty my neighbour has spent more than £49,000 !!!
spennyroo
 
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Re: We own our neighbours garden!?

Postby MacadamB53 » Fri Feb 26, 2016 10:49 am

Hi spennyroo,

However it is some consolation that... ...my neighbour has spent more than £49,000 !!!

it's little consolation that someone has spent so much on so little - especially since nobody has committed any crimes/wrongs.

I can only conclude that you've allowed the issue to cloud your judgement as I considered you to be reasonable, or else I got you wrong from the start.

Kind regards, Mac
MacadamB53
 
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Re: We own our neighbours garden!?

Postby COGGY » Fri Feb 26, 2016 11:31 am

Hi Spennyroo

However it is some consolation that... ...my neighbour has spent more than £49,000 !!!


How you can possibly boast about the above is beyond my comprehension. I actually tend to feel sorry for you.

Coggy
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