Prior agreements

Prior agreements

Postby UKTony » Wed Jan 11, 2017 12:39 am

Having a 'I think 'I'll take a bit of your land whilst nobody is in occupation'' problem. Original block plan can be found via google search on 'lw/89/2192' or directly via http://87.252.33.67/AnitePublicDocs/00185776.pdf and shows a typical twin garage with a shared double block wall with the boundary down the centre of the block. This was in 1989 and with the property recession only one half was built sometime between 1992-1995 - the one to the east.

Now my neighbour is claiming the boundary has 'moved' to the position showing in planning application http://87.252.33.67/AnitePublicDocs/00038272.pdf and then another 1.5" for footings. Our property was sold sometime in 1995 and I purchased in 1999 and on questioning the position of the garage got a vague response but accepted that the building was not complete and therefore the flank wall would be partially on my land.

Last year we had the fence in front on the garage replaced and our neighbour convinced the contractor to move the line of the fine away from that shown in the 89 plan and on the ground until 2015.

As far as I'm aware the 89 block plan stands as far as an agreed boundary plan especially as the subsequent 95 application is drawn without the significant boundary features and quotes a dimension which is impossible without encroachment on my land.
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Re: Prior agreements

Postby Collaborate » Wed Jan 11, 2017 9:06 am

Your second link doesn't work, and it's impossible to tell which property is yours from the first. It also gives away your address, which you might not want on an open forum.

Your best bet would be to agree with the neighbour to jointly instruct a surveyor to mark out the boundary and then reinstate the fence there. If your neighbour is right, you pay all the cost. If you're right, he does, and if it's somewhere in between you share the cost.
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Re: Prior agreements

Postby UKTony » Wed Jan 11, 2017 10:04 am

Thank you for the prompt reply. Both links seem to work for me. Planning documents are open to the public and my question was does a block plan form a boundary agreement and can it be unilaterally revoked?
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Re: Prior agreements

Postby ukmicky » Fri Jan 13, 2017 12:52 am

If the walls have been in place since 1995 he may have a case under adverse possession and limitation act laws.

Footings however legally do not define boundary lines so he can forget that one.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Prior agreements

Postby UKTony » Fri Jan 13, 2017 3:43 pm

"If the walls have been in place since 1995 he may have a case under adverse possession and limitation act laws."

As the plan shows the wall between the two garages (89) as a double width block wall, with the boundary line running down the center, essentially there is consent as the plan was to build two garages so no possession claim can be made is my understanding.

The 95 plan shows the boundary line as being on the block edge and extending on that line which is what neighbor is now claiming is the boundary and has laid block paving onto. When we challenged the response was a load of rubbish indicative of NPD (he spent alot of time working up a response which include a photo showing the blockwork :?: ).

I don't care about the land under the block work wall; eventually the build with fall down/be taken down. The redefinition of the boundary is a problem and has lead to several encroachments.

My question is over does the prior plan drawn up by other parties override any later unilateral decision?
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Re: Prior agreements

Postby UKTony » Tue Feb 07, 2017 12:06 am

Having spoken to the person who owned the property when the garage was built it turns out they had said they did not want to proceed so my neighbour proceeded to build supposedly to the original plan.

If I am to believe the previous owner the neighbour then self dug and laid the slab without consultation ending up with the front half over the boundary i.e. not square to the boundary line by about 200mm. There was a 'robust' conversation followed two years or so later by a sale of the property without note of any issues or dispute by either party.

I could cope with the above if it was not for the fact that the alignment is being used to claim a boundary line at the front and rear which is significantly at variance to the plan and boundary feature but with no evidence being presented apart from a bully statement 'I/we consider'.

To be honest I've had enough of the bullying and irrational arguments with no evidence to back up any assertions. Having no mortgage and no intention to sell the property for a long time it looks like litigation is the next step. The icing on the cake is the joint planning application looks to me like a boundary agreement so litigation should be straight forward.
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