Possible infringement of my land by neighbour

Possible infringement of my land by neighbour

Postby Colobos » Fri Jul 07, 2017 4:07 pm

Hi,

I bought this house over 2 years ago and the neighbour in question has lived in her house for 40+ years, she is a very nice old lady who has sadly lost a lot mobility recently and if I am correct about whats happened I will NOT take action against her as I do not want to upset her.

Hell I probably wouldn't even taken action against a new purchaser if they intended to stay and not just flip the house then I would want to do something about it. My house and my neighbour share a drive and she has a ROW on it, comically the plans showing that ROW it is so narrow but the deeds state vehicles can use it.

I've searched the planning records for the area and cannot find any permission for the garage which, is made from concrete sections and possibly erected 20+ years ago. I have a similar garage close to it and the planning for that was accepted in 2005.

My land is bordered in red and as you can see from the plan below the edge of the garage should form part of the boundary line......

plan.jpg


.....but this is the garage in question, as u can see the garage extends past the original boundary into my land, the small concrete post's have been there since the house's were built.

IMG_0117.JPG



Now the way i see it either:

A: I have some of the neighbours land and the concrete posts are in the wrong position

or

B: The neighbour is using some of my land

The previous occupants of my house which are both deceased and the neighbour were very good friends and I wouldn't be surprised if the previous owners let the neighbour use the land.


If it ever came down to it, i assume its some kind of legal battle and surveyor battle to work out whats gone wrong?

Advice pls :D
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Re: Possible infringement of my land by neighbour

Postby pilman » Fri Jul 07, 2017 6:24 pm

First thing to realise is that a red line drawn on an OS map by Land Registry when land is first registered normally uses an existing physical feature as shown by the surveyor who surveyed the area.

The Land Registry always state that this indicates a "general boundary position" and will not define the legal boundary between two properties.

If this wooden building is the "garage" you refer to that was erected over 20 years ago the the most reasonable answer to your two questions would be:
(a) the concrete posts now indicate the extent of the land you bought 2 years ago.
(b) the edge of the wooden building defines the extent of the land that has been in the possession of the neighbouring land-owner for at least 20 years.

It would be completely unrealistic to contemplate doing anything about the situation you acquired when you bought your property.

Enjoy the land you have full use of and forget all about the positioning of the garage used by the next door neighbour is the best advice you will ever receive.

Try and forget all about the possibility of land ownership being resolved by using surveyors and solicitors, unless you feel charitable to such professionals who will gladly take your money, although no one will ever be able to guarantee that they will resolve the situation you now find yourself in.

Don't look for a problem that doesn't exist!
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Re: Possible infringement of my land by neighbour

Postby Colobos » Fri Jul 07, 2017 6:54 pm

The land it takes up is very useless to me, though you clearly haven't read my entire post as i clearly said i have no intention to try and get the land unless a house flipper buys it.

My neighbour is elderly and pretty much house bound and will never go into a home, too independent. I hope she lives another 20 years or more.

We both had an ivy problem at the back fence and it was growing onto the side fence aswell, she was perfectly happy to let me remove all the ivy and the fence that was collapsing and rebuild it

Plus that red line just shows my property borders for thick people who cant read a map, I'm not looking for a problem was just wondering.
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Re: Possible infringement of my land by neighbour

Postby MacadamB53 » Fri Jul 07, 2017 10:03 pm

Hi Colobos,

let's suppose there's always been a garage there.

what would OS plot on their map to show that a garage and fence were surveyed?

answer - a straight line.

they would not, as you seem to assume, plot a line with a hair's width step in it.

this is not merely my opinion - it is fact.

Kind regards, Mac
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Re: Possible infringement of my land by neighbour

Postby pilman » Fri Jul 07, 2017 10:15 pm

I would want to do something about it.
The land it takes up is very useless to me, though you clearly haven't read my entire post as i clearly said i have no intention to try and get the land unless a house flipper buys it.
Now you are repeating what was stated in the first post.

In the event that a "house flipper" buys this property in order to refurbish it and then to sell it at a profit, you will do something, such as consult with a surveyor or solicitor with a view to establish the correct position of a legal boundary between the two properties.

That is what was being explained to you in my previous posting.

If you do not require advice that was relevant to the first posting, which did in fact state that there were circumstances when you "would want to do something about it" as quoted above, then telling me I have not read your first posting is not correct.

I'm also unsure whether the comment "Plus that red line just shows my property borders for thick people who cant read a map" was intended to apply to me when I made my comments about what Land Registry show on a title plan is a general boundary line.

Rest assured I won't bother trying to offer advise to you again.
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Re: Possible infringement of my land by neighbour

Postby arborlad » Fri Jul 07, 2017 10:38 pm

Colobos wrote:....though you clearly haven't read my entire post............... that red line just shows my property borders for thick people who cant read a map,



What an ingrat - you've just had a comprehensive reply from a knowledgeable individual which accurately reflects your situation.

Your going to have to ask despair in your other thread why your land is at risk - she's the forum expert for land loss.
arborlad

smile...it confuses people
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