BOUNDARY LINE - ANCIENT RETAINING WALL - 19 CENTURY

BOUNDARY LINE - ANCIENT RETAINING WALL - 19 CENTURY

Postby angryjohn » Wed Mar 22, 2017 1:23 pm

Disused colliery site. Wales. Hill-side site. Upper and lower sites now housing. On purchase 10 years ago -visible boundary identification of line - "other side of trees" Site fallow for decades. Title plans show common boundary line between sites. Only recently it has emerged that this line is and has been used buying and selling of residential properties. This line covers two upper dwellings and ten lower dwellings. The line transverses the hill-side and the height of this old wall is a variable between one and two metres and trees have grown against the lower part of the wall and are inside by visible boundary. Part of the wall damaged to allow pony access to the lower site; a relic of old mine use. of disI agreed with my vendor/developer for my timber fence to be built inside the boundary - with no loss of title - as to circumvent an old tree, otherwise my fence would have encroached the visible boundary line.
Now, my neighbour has received a planning approval showing my fence as their boundary line, below the wall, but retaining the original top of the wall line on their re-registered Title Plan gaining up to two metres of my site. Perhaps, a complaint to the W P S Ombudsman? Their plan is to relocate a public vehicle track from the top end of their property to within centimetres of my fence.
The neighbours bought their property from the LGA whose surveyor reaffirmed, in 2010, the original sale boundary with marked posts - since "removed.

Simply, I need to prepare my case for a Land Registry First Tier Tribunal; the neighbours have ignored request to discuss boundary. I have hard evidence of much paper, plans, maps, and photographs in support of my case and to refute neighbours claims. I need advice; a 30 minute freebie and then an estimate of first stage costs. Will answer any questions.
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Re: BOUNDARY LINE - ANCIENT RETAINING WALL - 19 CENTURY

Postby Collaborate » Wed Mar 22, 2017 5:08 pm

Sorry, but I can't understand clearly what you're trying to say. Can you try again with full sentences?
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Re: BOUNDARY LINE - ANCIENT RETAINING WALL - 19 CENTURY

Postby jonahinoz » Thu Mar 23, 2017 6:02 am

Hi Collaborate,

I think that AngryJohn has erected a wall close to, but not immediately against, a long standing wall. I think he said the gap between the wall and the fence was discussed with the owner of the wall and it was agreed that AngryJohn would retain ownership of the land between the wall and fence ... but I don't know if that agreement was verbal or written, or made at all.

The owner of the wall has now made a planning application, and been granted approval to build on his land, including AngryJohn's strip between the wall and the fence.

Yes???

As I understand it, nothing wrong has happened ... apart from the Developer not telling AngryJohn that he was making a Planning Application on AngryJohn's land. Anybody can make a Planning Application on any bit of land, whether they own it or not. It does not entitle them to build on that land, it just means the LA will not object. I suppose it could be argued that AngryJohn's strip now has approval for residential development ... and maybe has a financial benefit as an access route to the new development, in AngryJohn's favour, should he feel inclined to sell it.

The problem might be persuading the developer that this strip is still owned by AngryJohn. I wonder if he has asked the LA if he can view the map that accompanied the planning application?

John W
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Re: BOUNDARY LINE - ANCIENT RETAINING WALL - 19 CENTURY

Postby MacadamB53 » Thu Mar 23, 2017 8:10 am

Hi John W,

a planning application includes a signed certificate of ownership - there are different certificates depending on whether the land is in sole ownership or not, and whether other owners are known or not.

if the neighbour has signed cert A - declaring he owns all the land - then he has most definitely done something wrong if he knows a c.2m wide strip along one boundary belongs to angryjohn.

Kind regards, Mac
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Re: BOUNDARY LINE - ANCIENT RETAINING WALL - 19 CENTURY

Postby SwitchRich » Thu Mar 23, 2017 2:58 pm

Good translation jonahinoz! :D
Angryjohn, any chance of seeing your title plans? Always helps the guys here give the right advice.
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Re: BOUNDARY LINE - ANCIENT RETAINING WALL - 19 CENTURY

Postby arborlad » Thu Mar 23, 2017 3:05 pm

SwitchRich wrote:Good translation jonahinoz! :D
Angryjohn, any chance of seeing your title plans? Always helps the guys here give the right advice.




viewtopic.php?f=6&t=19973
arborlad

smile...it confuses people
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