Boundary Dispute

Boundary Dispute

Postby CCPRES » Sun Oct 25, 2015 7:44 pm

I am in a boundary dispute with my neighbour up to now the solicitor has been very confident in our case as we have a surveyors report that states the boundary is as on the conveyance plans along with other evidence and the other sides expert report is conjecture and opinion. Basically the plan shows the boundary is an invisible line in the open plan lawn running some 2 metres to the west of our drive edge whilst the neighbour believes it is the drive edge. the boundary runs north from an extant fence between the two houses across a the lawn then turns North West along the lawn until exiting into the close the point it turns north west being shown on the plan as the intersection of the north running boundary between our two houses and the extension of the east west boundary between us and the neighbour the other side. Having sent the case to the barrister he is much less confident and says in his opinion the boundary is the drive side. As he states that the 1/1000th scale developers plan signed by the original purchasers will be seen by the judge to be indicative, even though no where in the deeds does it say it is indicative to the contrary the plan is quoted 5 times in the deed words as showing the location of boundaries and features, and that the barrister does not believe the developers would have created a virtual boundary in the grass that changes direction without specifically indicating the change point on the plan, when I pointed out several houses had virtual boundaries in this open plan estate he responded that they were straight and did not change direction. Can any one help with the following.

1) Case law where the judge dismisses the conveyance plan as indicative only even when the deeds do not state " For indication only "

2) Has anyone out there got an open plan lawn boundary that changes direction without being marked on the ground ?

Thank for you help in advance
CCPRES
 
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Re: Boundary Dispute

Postby MacadamB53 » Sun Oct 25, 2015 8:02 pm

Hi CCPRES,

here's a cut & paste of the 'identifying the position of the legal boundary' from the HMLR practice guide on boundaries:

Case law establishes that the position of the legal boundary will depend on the terms of the relevant pre-registration conveyance or the transfer as a whole, including, of course, the plan. If the plan is insufficiently clear for the reasonable layperson to determine the position of the boundary, the court can refer to extrinsic evidence and in particular to the physical features on the ground at the time.

This is the case whether or not the plan is ‘for the purposes of identification only’. The question for the court is: what would the reasonable layperson think they were buying? Evidence of the parties’ subjective intentions, beliefs and assumptions is irrelevant. See, for example, Cameron v Boggiano [2012] EWCA Civ 157.


in other words, all plans are 'indicactive only'.

Kind regards, Mac
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Re: Boundary Dispute

Postby mr sheen » Sun Oct 25, 2015 9:30 pm

A barrister has considered all the evidence and is of the opinion that your case is weak. It would be a big risk to ignore the advice of your legal team since they have access to the actual evidence.
Whatever info you get here is based on the snippets of info that you have given and not on a review of the evidence.
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Re: Boundary Dispute

Postby Roblewis » Sun Oct 25, 2015 11:12 pm

I would go for a joint report with both experts getting together and hammering out a joint agreed report. A judge would almost certainly look for this as a start of any resolution. Barristers are often a pessimistic crew though. If the neighbour refuses it would not play well before a judge.
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Re: Boundary Dispute

Postby CCPRES » Mon Oct 26, 2015 7:32 am

Thanks for the replies so far I understand the comment about the barrister I am looking for information to support a discussion with him on his view at the end of the day I am unlikely to go to court if the barrister doesn't agree. As to the case law I believe my plans are very clear that the boundary is in the open plan lawn rather than the drive side as there are a number of features to support this, these plans were signed by the developer and the original purchasers if they are only indicative why sign them !
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Re: Boundary Dispute

Postby MacadamB53 » Mon Oct 26, 2015 8:57 am

Hi CCRES,

if they are only indicative why sign them

because you signed to agree they were indicative. (just playing devil's advocate)

Kind regards, Mac
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Re: Boundary Dispute

Postby CCPRES » Mon Nov 16, 2015 8:21 pm

Telecon with the Barrister on Thursday any tips ?

CC
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Re: Boundary Dispute

Postby CCPRES » Mon Nov 23, 2015 11:51 am

Basically Barrister says at 1000th scale developers plan is too small to be used as evidence as to boundary position so on balance of probabilities judge would more likely go for go for drive side as it is an extant feature. Even though plan clearly shows boundary is some 6 foot for it. Has anyone any experience of using developers small scale plan in court, is this your experience these were signed by original purchasers and developers.

Thanks

Colin
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