Neighbour wants to establish a (possibly) moved boundary

Re: Neighbour wants to establish a (possibly) moved boundary

Postby Doctor John » Sat Aug 26, 2017 3:59 pm

Thanks for your reply. If it were just a matter of defending a strip of garden an inch or so wide, no it would not be worth it. But the location of the boundary has ramifications beyond that, which are too far removed from garden law to be relevant here.

If the Land Registry doesn't keep an exact record of where boundaries lie, does anyone else? The whole subject seems extremely vague, as indeed is suggested by the material I've read on this board.
Doctor John
 
Posts: 18
Joined: Tue Aug 22, 2017 3:55 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Neighbour wants to establish a (possibly) moved boundary

Postby Morgan Sweet » Sat Aug 26, 2017 5:30 pm

There is a great need for an official arbitrator or somewhere people can go to decide on these messy disputes and I am led to believe there is a bill going through parliament to help provide this service, first reading was in House of Lords 13 July 2017. How long, if ever, it takes to becomes law and what format it eventually takes is unknown to me. Of course you can agree mediation, joint declaration of the boundary, arbitration etc etc and many other ways of solving a dispute but the trouble is BOTH parties have to agree to be bound by it. If not then the final decision is left to a Judge in a court of law. He can also advise both parties to negotiate or be bound by the view of an Expert Witness. It needs both parties to agree to a solution otherwise the law courts are the only way. However boundary disputes are frowned upon and the Judge would expect to see that attempts to resolve the situation were taken before bringing the case to court. Even if you win the Judge has the discretion to award costs and I'm led to believe the winner would still pay 25% of the costs. The new bill as I understand it would compel each party to arbitration to resolve the situation before using the courts otherwise a penalty is imposed. We need a bill and law to simplify the process but many lawyers are critical of its contents, I wonder why?

https://publications.parliament.uk/pa/b ... /16014.pdf
Morgan Sweet
 
Posts: 96
Joined: Sat Jan 03, 2015 8:47 pm

Re: Neighbour wants to establish a (possibly) moved boundary

Postby arborlad » Sat Aug 26, 2017 7:20 pm

This thread may be useful: viewtopic.php?f=6&t=8407
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour wants to establish a (possibly) moved boundary

Postby Doctor John » Mon Aug 28, 2017 6:21 pm

Interesting, thanks.

I'm happy to report that the matter now seems to have been amicably settled to the satisfaction of both parties.

Many thanks to everyone who responded.
Doctor John
 
Posts: 18
Joined: Tue Aug 22, 2017 3:55 pm

Re: Neighbour wants to establish a (possibly) moved boundary

Postby Morph » Mon Aug 28, 2017 8:39 pm

Hi - for the interest of the forum how was this amicably resolved?
Thank you
Morph
 
Posts: 17
Joined: Tue Feb 28, 2017 6:01 pm

Re: Neighbour wants to establish a (possibly) moved boundary

Postby Doctor John » Mon Aug 28, 2017 10:41 pm

An investigation of the internal structure of the two bungalows revealed that the party wall, and hence its mid-line, is offset: the two interiors are not identical. The resultant boundary line turned out to be in a position where it causes offence to neither houseowner, and so has been mutually agreed.
Doctor John
 
Posts: 18
Joined: Tue Aug 22, 2017 3:55 pm

Re: Neighbour wants to establish a (possibly) moved boundary

Postby arborlad » Tue Aug 29, 2017 6:44 am

Doctor John wrote: If the Land Registry doesn't keep an exact record of where boundaries lie, does anyone else? .




That's what the fence is for, if it's been in the same location undisputed for 16 years, that is the established boundary feature.

Unless there is something extreme about its design or construction, it's unlikely for a a dormer window to encroach.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour wants to establish a (possibly) moved boundary

Postby arborlad » Tue Aug 29, 2017 8:59 am

arborlad wrote:
Doctor John wrote: If the Land Registry doesn't keep an exact record of where boundaries lie, does anyone else? .




That's what the fence is for, if it's been in the same location undisputed for 16 years, that is the established boundary feature.

Unless there is something extreme about its design or construction, it's unlikely for a a dormer window to encroach.




................in addition - Land Registry will hold plans accurate to 10mm, but only if your boundary has been determined - yours hasn't.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour wants to establish a (possibly) moved boundary

Postby Doctor John » Tue Aug 29, 2017 11:33 am

Arborland, thanks for that.

arborlad wrote:That's what the fence is for, if it's been in the same location undisputed for 16 years, that is the established boundary feature...

Even if there was an earlier fence, in place for an estimated thirty years (at least) in a slightly different position?

Land Registry will hold plans accurate to 10mm, but only if your boundary has been determined - yours hasn't.

So is there a vital distinction between a boundary being established and being determined?
.
Doctor John
 
Posts: 18
Joined: Tue Aug 22, 2017 3:55 pm

Re: Neighbour wants to establish a (possibly) moved boundary

Postby arborlad » Thu Aug 31, 2017 8:07 am

Doctor John wrote:Arborland, thanks for that.

arborlad wrote:That's what the fence is for, if it's been in the same location undisputed for 16 years, that is the established boundary feature...

Even if there was an earlier fence, in place for an estimated thirty years (at least) in a slightly different position?




Yes, the boundary will follow the fence.




Land Registry will hold plans accurate to 10mm, but only if your boundary has been determined - yours hasn't.

So is there a vital distinction between a boundary being established and being determined?




Two of the requirements for determining a boundary are the written agreement of the neighbour and a survey and plan certified to an accuracy of 10mm.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour wants to establish a (possibly) moved boundary

Postby Doctor John » Thu Aug 31, 2017 9:19 am

Arborlad,

Thanks again (and apologies for getting your name wrong in my previous post).
Doctor John
 
Posts: 18
Joined: Tue Aug 22, 2017 3:55 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Previous

Return to Boundaries

Who is online

Users browsing this forum: No registered users and 5 guests