My boundary issue part 2

My boundary issue part 2

Postby Loosey » Thu Aug 31, 2017 9:18 pm

Following my posts back in September I received comments from Garden Law Members which I appreciated.

I have again reviewed my deeds and transfer plans in conjunction with neighbours deeds and transfer plans to try to get some clarification on my boundary which I am still happy about.

Land Registry Plans
The boundary separating both our properties is a concrete edging curb to the edge of my neighbours drive and is clearly shown in the same position on our LR title plans, on the other side of the concrete edging was open plan lawn in my front garden.

Transfer Plans
The developers transfer plans which are for identification purposes only and are not drawn to scale show a triangular service strip routing in my front garden, part of the service strip is also shown on my neighbours transfer plan.

The Problem I have
Before I moved into the property my neighbour moved the boundary as shown on both our LR title plans into the service strip ( shown on the transfer plans ) effectively taking 1 meter off my front garden to widen his drive.
As I understand it please correct me if I am wrong but the service strip is an easement and is owned by the council to lay and maintain services to our properties. Although part of the service strip is shown on his deeds he had no right to move the boundary by about 1 meter into the service strip to widen his drive.

My neighbour thinks because part of the service strip is shown on his transfer plan he owns the land

I would welcome any comments to try to resolve this issue, hopefully to get my neighbour to move some wooden edgings back to the original boundary position and reinstate the service strip back to lawn.
Loosey
 
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Re: My boundary issue part 2

Postby ukmicky » Fri Sep 01, 2017 12:46 am

The Problem I have
Before I moved into the property my neighbour moved the boundary as shown on both our LR title plans into the service strip ( shown on the transfer plans ) effectively taking 1 meter off my front garden to widen his drive.
As I understand it please correct me if I am wrong but the service strip is an easement and is owned by the council to lay and maintain services to our properties. Although part of the service strip is shown on his deeds he had no right to move the boundary by about 1 meter into the service strip to widen his drive.



My neighbour thinks because part of the service strip is shown on his transfer plan he owns the land

I would welcome any comments to try to resolve this issue, hopefully to get my neighbour to move some wooden edgings back to the original boundary position and reinstate the service strip back to lawn


The service strip is owned by whoever has it within the red border on the title plan . If its not contained within any of your titles it will most likely be owned by the developers of the estate. If there is an easement I cant see it being owned by the council, and it will most likely be owned by you ,your neighbour or both.

If there are services under the ground and the service strip is partly within your neighbours boundary , he can to some degree develop the land above within his title. In the unlikely event access was required to get to the buried services if something went wrong he would not be able to object to it being dug up.


I think the only way to resolve this would be to see a copy of his and your title plan with names and street names etc. removed along with the full wording of any easement contained within the register of titles. Also please be aware even the title plan from the land registry normally only shows a general boundary and not am exact position of the legal boundary.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
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