yet another boundary dispute

Re: yet another boundary dispute

Postby arborlad » Wed Oct 26, 2016 9:30 am

Fazil Mohobuth wrote: What else can help me with this case should it go to court ?




Court action should always be seen as a last resort.

What was there before the neighbours actions, how much of it is left?

If anything is placed on your land, remove it. Don't forget the damage to your driveway.
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Re: yet another boundary dispute

Postby arborlad » Wed Oct 26, 2016 11:14 am

mr sheen wrote:This should never have got this far over 2 inches of land....



You seem fixated over this 2"/6cm of land - that's lost and gone............it was only mentioned by the surveyor as an aside after he had completed the survey and something the OP had no knowledge of at the start of the thread. What is does highlight is that if your erecting a boundary feature it should be done correctly - or you're going to lose land.
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Re: yet another boundary dispute

Postby arborlad » Wed Oct 26, 2016 12:11 pm

nothingtodowithme wrote:As you engaged in a boundary dispute;



You've wrongly assessed this situation, whatever the situation may be now, it wasn't brought about by the OPs actions but by the neighbours actions.
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Re: yet another boundary dispute

Postby mr sheen » Wed Oct 26, 2016 12:51 pm

arborlad wrote:
mr sheen wrote:This should never have got this far over 2 inches of land....



You seem fixated over this 2"/6cm of land - that's lost and gone............it was only mentioned by the surveyor as an aside after he had completed the survey and something the OP had no knowledge of at the start of the thread. What is does highlight is that if your erecting a boundary feature it should be done correctly - or you're going to lose land.


Then enlighten us Arborlad....specify exactly how much land is in dispute in this case?

'Fixated'....nope couldn't give a flying F.
Gotta life of my own mate just think now and again I have experience of this stuff as a land and property owner that might help someone else not squander money to no avail.

Would appreciate you concentrating on making comments to OP......I'm fed up with your uneducated banale snipes.
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Re: yet another boundary dispute

Postby pilavas719 » Wed Oct 26, 2016 1:14 pm

Hello All,

This is not about 6 cm of land, He has taken over 12 inches of land. I will try and upload more pics soon.

From the beginning he has been very intimidating and swore at me and my pregnant wife I chose to look past all this and try and speak with him.

I spoke with the previous owner who confirmed to have not had any issues with him regarding the boundary only after the day I move in then he decides to remove part of the fence which he then lie's to me saying he will only put up a small 1 metre high wall then a few weeks later tell me he had consent from previous owner to build a side extension.

If it was just 6 cm of land I could not care less for it just the fact he is trying to strong arm me into giving him more of my land which he knows has no right upon otherwise he would have done everything he could to take it off me legally.

My pre action course has been three solicitor's letters, verbally speaking with him on three occasions and asking the police to make him understand sense.

Everyone in the neighborhood knows he is wrong, I even paid for a land survey to confirm the exact boundary and sent him a copy which he has completely dismissed. I can't give in to his barbaric behavior he has only made contact and suggested a land survey but I told him the pictures I have already determines where the boundary lie's.

Do you ll think I should let him have it ? Please see link I have posted in mse below long thread but I have pictures displayed.

http://forums.moneysavingexpert.com/sho ... 886&page=5

Going to court is the last thing I want to do but I can''t let him get away with it, I have tried to talk with him but he is very stubborn and the boundary has never changed in over 30 years may be longer.

Sorrry guys I am not the bad guy arguing over 6 cm, the land surveyor determined this when measuring the land saying the fence is actually 6 cm on my side which I dont really care about I just wanted my fence back!!!
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Re: yet another boundary dispute

Postby pilavas719 » Wed Oct 26, 2016 1:46 pm

nothingtodowithme wrote:
Everyone in the neighborhood knows he is wrong, I even paid for a land survey to confirm the exact boundary and sent him a copy which he has completely dismissed. I can't give in to his barbaric behavior he has only made contact and suggested a land survey but I told him the pictures I have already determines where the boundary lie's.


The neighbour has contacted you and suggested a land survey and is complying with pre-action protocol he is entitled to commission his own survey.
A judge would certainly instruct a joint survey in these circumstances.



I understand that but there was nothing wrong with the boundary in the first place. He was just trying to see if he could get away with it.
I just moved here he had 8 years to sort the boundary out with the previous owner which he never did. I am more than happy for him to get his own survey done.
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Re: yet another boundary dispute

Postby pilavas719 » Wed Oct 26, 2016 1:58 pm

So much has happened regarding this boundary issue. he is always lying he initially tried to say the fence is not running straight as the oposite neighbors and when I explained to him why he then decided to how me his title plan showing a gap between our house being 50/50 lol. But title plans are always inaccurate and are not to be used as accurate boundary readings.

Showed him all these reason's why and since I had just moved there I was not even sure myself If the boundary was wrong which is why I paid for a land survey to be done and get an expert opinion. I have now done this and know where I stand.

If he wants to do his own survey which I highly doubt he will then he can. Also he claimed the previous owner of my house gave him permission to remove the fence but I am in contact with him and he never gave any sort of permission, so you see he is just making up stupid excuses and trying to worm his way into my land.
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Re: yet another boundary dispute

Postby mr sheen » Wed Oct 26, 2016 2:48 pm

Thank you for the link.
This case is more complicated than the info here implies.....as is usually the case!

Perhaps you could confirm if the facts of the case are:
These properties are ex-lA; the neighbour claims to be recovering land that he owns; the land in question you claim has been gained by AP by your property. In effect the neighbour is claiming to be fencing to the full extent of his land as per the deeds.

You need to check your deeds and in particular the transfer from the LA since these often contained detailed and complex covenants. Clauses were often included for the prevention of claims of AP since neighbouring properties were often retained under LA ownership.
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Re: yet another boundary dispute

Postby pilavas719 » Wed Oct 26, 2016 3:02 pm

The whole area is laid in an angle and the houses opposite us are a direct mirror image of our properties. So My property has the bigger side plot and his has a smaller plot. the fence on our side and the opposite neighbors are not in a straight line
and the cause of this is because all the properties are not in line so the fence compensates for this. In effect the actually fence goes in a very slight angle across all the properties in the area. Oh and yes they are both ex local authority, previous owner bought it in the 1980s and I think my neighbour's house was bought in 1995. current owner bought it in 2008.

I have had my solicitor look at the registry documents and found nothing of worth in it, I may even get a second opinion on this.

Frankly this is really messy, and land registry have also mentioned the title plan does not hold accurate boundary readings.

Bottom line is I will give him the opportunity to get his own survey done, and If he does not agree then court will be the next step. I have done enough pre-action and now it's time for action.
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Re: yet another boundary dispute

Postby jonahinoz » Wed Oct 26, 2016 5:30 pm

Hi Fazil,

Ah ... I didn't know about the planned extension. And 12" could be 5% of your plot width.

If your LA is like mine, they will have made your neighbour responsible for the fence ... better for the LA than retaining responsibility, which would cost them money.

You indicate that the previous owner of your house gave permission for your neighbour to extend into what is what is now your garden, which might open several "cans of worms".

Did your predecessor make any binding agreement, and if so, did he tell you about it? That could now come back and bite him. If the agreement (if any) was not binding, then I would guess that the offer ended when he sold the house ... and anyway, an offer made can be withdrawn.

When was your house built? I'm thinking about the depth of your foundations, and the PWA. It could be very expensive for your neighbour.

But things will be much easier if you can keep things amicable. You never know when you might need your neighbour's goodwill.

John W
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Re: yet another boundary dispute

Postby pilavas719 » Wed Oct 26, 2016 5:53 pm

jonahinoz wrote:Hi Fazil,

Ah ... I didn't know about the planned extension. And 12" could be 5% of your plot width.

If your LA is like mine, they will have made your neighbour responsible for the fence ... better for the LA than retaining responsibility, which would cost them money.

You indicate that the previous owner of your house gave permission for your neighbour to extend into what is what is now your garden, which might open several "cans of worms".

Did your predecessor make any binding agreement, and if so, did he tell you about it? That could now come back and bite him. If the agreement (if any) was not binding, then I would guess that the offer ended when he sold the house ... and anyway, an offer made can be withdrawn.

When was your house built? I'm thinking about the depth of your foundations, and the PWA. It could be very expensive for your neighbour.

But things will be much easier if you can keep things amicable. You never know when you might need your neighbour's goodwill.

John W



Hello John,

I did not know either, My first contact with him was him saying the boundary is wrong and he will only take around 15ft in length and 1 ft in width and leave the rest and will build a small 1 metre high wall. I then told him I will get a survey to determine the exact boundary and to stop all work, the following day he ignored my request and proceeded wth laying down
lintels and bricks, thats when we had our first confrontation.

Title plan show me to be responsible for the fence and since I am in contact with the previous owner of my house he confirmed that he never gave him any such permission to build a side extension or take some land. I asked the previous owner to make a sworn statement which he did.

I would very much like to live in peace with my neighbors but I can't when I am trying to reason with logic he is coming to me with the title plan saying the land should be split exactly as it is on the map. I tried to tell him the title plan must not be interpreted as giving exact measurement but he is choosing to ignore this.
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Re: yet another boundary dispute

Postby arborlad » Thu Oct 27, 2016 9:05 am

nothingtodowithme wrote:The neighbour has contacted you........




...................by removing the OPs fence, damaging his drive and attempting to build on his land - that's rather a hard contact by anyones standards :roll:
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Re: yet another boundary dispute

Postby arborlad » Thu Oct 27, 2016 9:18 am

Fazil Mohobuth wrote:I understand that but there was nothing wrong with the boundary in the first place. He was just trying to see if he could get away with it.
I just moved here he had 8 years to sort the boundary out with the previous owner which he never did. I am more than happy for him to get his own survey done.




You're very right about that, if your neighbour thought there was any errors in the property he was buying, the time to sort it was pre-purchase with the vendor - he bought with the boundary feature in place and in your ownership. This has all the hallmarks of someone wishing to develop but has insufficient land for his purpose and wants some of yours.




...... I just wanted my fence back!!!



.............and the land it occupied.
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Re: yet another boundary dispute

Postby MacadamB53 » Thu Oct 27, 2016 9:55 am

arborlad wrote:
Fazil Mohobuth wrote:I understand that but there was nothing wrong with the boundary in the first place. He was just trying to see if he could get away with it.
I just moved here he had 8 years to sort the boundary out with the previous owner which he never did. I am more than happy for him to get his own survey done.




You're very right about that, if your neighbour thought there was any errors in the property he was buying, the time to sort it was pre-purchase with the vendor - he bought with the boundary feature in place and in your ownership. This has all the hallmarks of someone wishing to develop but has insufficient land for his purpose and wants some of yours.




...... I just wanted my fence back!!!



.............and the land it occupied.
+1
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Re: yet another boundary dispute

Postby arborlad » Fri Oct 28, 2016 11:52 am

postby nothingtodowithme » Fri Oct 28, 2016 11:32 am

Bottom line is I will give him the opportunity to get his own survey done



He is entitled to get his own survey done. :wink:


TERRI



What a strange comment to make - especially as no one has suggested otherwise.......
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