is my neighbours house the boundary line?

is my neighbours house the boundary line?

Postby C82 » Tue Feb 23, 2016 5:28 pm

Hi all.

For security purposes I intend to fit double gates between my house and my neighbours.

I belive that all of the land between our houses is owned by me.

Looking at the location plan the boundary line runs from the pavement, once it gets to the houses the line has a 90° turn and theb runs along the neighbours wall before another 90° and then runs all the way up the rear garden.

My neighbour seems to think that the boundary is approx 2ft away from the wall of her house even though the plan says different.

I hope this makes sense because I don't belive I can uploads photos here?

Thanks

Ian
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Re: is my neighbours house the boundary line?

Postby BJK2184 » Tue Feb 23, 2016 5:36 pm

Once you have posted 3 times, you can then upload photos.
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Re: is my neighbours house the boundary line?

Postby mugwump » Wed Feb 24, 2016 9:00 am

There is a good argument that if the house is considered to be the boundary then you have to take into account that the roof tends to overhang the walls so the boundary would be the distance away from the wall that the roof overhangs the wall. Unless you can prove that the walls themselves were built up to the boundary and the roof overhangs your space then that would be the case. Very difficult to prove if it is the original build.
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Re: is my neighbours house the boundary line?

Postby MacadamB53 » Wed Feb 24, 2016 10:40 am

mugwump wrote:There is a good argument that if the house is considered to be the boundary then you have to take into account that the roof tends to overhang the walls so the boundary would be the distance away from the wall that the roof overhangs the wall. Unless you can prove that the walls themselves were built up to the boundary and the roof overhangs your space then that would be the case. Very difficult to prove if it is the original build.
the law presumes this so it doesn't have to be argued - it has to be rebutted with evidence by whoever is claiming otherwise.
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Re: is my neighbours house the boundary line?

Postby arborlad » Wed Feb 24, 2016 11:18 am

C82 wrote:I belive that all of the land between our houses is owned by me.


Thanks

Ian



That is the most usual arrangement - check whether there are any easements in place for eaves and guttering to overhang.



My neighbour seems to think that the boundary is approx 2ft away from the wall of her house even though the plan says different.



Where this is the case it is usually supported by some physical evidence, a fence or wall, a change in surfacing or something like a pc path edging.
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smile...it confuses people
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Re: is my neighbours house the boundary line?

Postby C82 » Thu Feb 25, 2016 11:26 am

Thanks for all the replies.
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Re: is my neighbours house the boundary line?

Postby C82 » Thu Feb 25, 2016 11:28 am

The neighbouring house, and the concerned wall of that house, has is a gable end. There is no overhang from gutters etc as there are none.

I will get the plan image uploaded.

As for a determined boundary there is nothing, in fact it is just covered in gravel as my whole drive is.
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Re: is my neighbours house the boundary line?

Postby C82 » Thu Feb 25, 2016 11:38 am

Image
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Re: is my neighbours house the boundary line?

Postby Collaborate » Thu Feb 25, 2016 12:15 pm

The plan certainly supports what you say.

Were the properties recently built (say, the last 30 years)? If the property was registered from the moment it was built, there will be no pre-registration deeds to compare it with.

Have you shown the plan to your neighbour? No reasonable person could deny the truth of your position in the absence of evidence that the Land Registry made an error when drawing up the plan.
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Re: is my neighbours house the boundary line?

Postby C82 » Thu Feb 25, 2016 12:17 pm

I'm now of the opinion that the boundary is the furthest point of neighbours house, which are the roof tiles on the gable.

I just cannot see how we can pinpoint the distance.
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Re: is my neighbours house the boundary line?

Postby C82 » Thu Feb 25, 2016 12:19 pm

Collaborate,

Thanks for your response. The houses are 1920's built.
I have not shown my neighbour yet as I wanted to be clear myself.

Thanks again
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Re: is my neighbours house the boundary line?

Postby Collaborate » Thu Feb 25, 2016 2:07 pm

Would be worth you while trying to find the original conveyance after the property was built. That is likely to include the most accurate plan you'll find. It is possible that there was an error made when the LR came to draw up the title plan, but the 1920s plan will settle that question.

Even if next door's boundary is meant to be a certain distance from their gable end, it looks like you have a very strong case for adverse possession of that strip of land immediately adjacent the wall. But you don't need to worry yourself about that. At the moment, the situation on the ground and the title plan both support your case. It's for the neighbour to gather evidence to the contrary.
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Re: is my neighbours house the boundary line?

Postby arborlad » Thu Feb 25, 2016 2:42 pm

C82 wrote:I'm now of the opinion that the boundary is the furthest point of neighbours house, which are the roof tiles on the gable.

I just cannot see how we can pinpoint the distance.



Pair of binoculars - always useful :)
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