Search found 278 matches

by Morgan Sweet
Thu Nov 14, 2019 3:52 pm
Forum: Elderly and Elder Law
Topic: inheritance tax
Replies: 5
Views: 130

Re: inheritance tax

As a joint tenant (as opposed to tenants in common) property goes automatically to the other tenant on the death of either tenant. Therefore if the house is worth £650k the half (£325k) will be under the single IHT threshold and no tax will be liable. If the estate due to other assets is then above ...
by Morgan Sweet
Thu Nov 14, 2019 3:32 pm
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

Is that what Conveyancer is saying? - no. For millenia we have had the ability to measure with a high degree of accuracy, the Pyramids are proof of that - we haven't lost that ability, for the most part, modern devices make it more convenient - not more accurate. Your whole argument fails when you ...
by Morgan Sweet
Tue Nov 12, 2019 5:00 pm
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

Conveyancer covers those very same misconceptions in this thread: https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=4&t=3149 Are you then confirming that LR maps and measuring devices have no relevance in helping settle a boundary dispute? If so, how do such disputes reach any resolution? Is that ...
by Morgan Sweet
Tue Nov 12, 2019 9:17 am
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

Yes you can, GPS measurements using a Trimble are highly accurate, whilst many maps have greater tolerances. Conveyancer covers those very same misconceptions in this thread: https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=4&t=3149 Are you then confirming that LR maps and measuring devices have ...
by Morgan Sweet
Mon Nov 11, 2019 5:39 pm
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

que?!? what presumption about the law have I shared with you?!? I asked you to clarify whether I’d understood your postings.... No you did not understand my posting. I also asked you, have you much experience in resolving boundary disputes? yes, I have some how have I misunderstood? You have misund...
by Morgan Sweet
Mon Nov 11, 2019 4:57 pm
Forum: Boundaries
Topic: Boundary dispute
Replies: 43
Views: 1575

Re: Boundary dispute

You would be well advised to consult your solicitor on this matter. You should not be seen to have acted in any way unreasonably.
by Morgan Sweet
Mon Nov 11, 2019 4:50 pm
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

Hi Morgan Sweet, if I’ve understood you right, what you’re saying is that if you want to avoid taking a boundary dispute to court then all you have to do is hire a surveyor to produce a report that clearly supports your position - because the law has it the other party must accept the report as fac...
by Morgan Sweet
Mon Nov 11, 2019 4:47 pm
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

Measurements were claimed to be highly accurate............... The really important thing to remember is that, for the most part, conveyancing plans are intended to identify properties and not to show their boundaries accurately. All maps, by their nature, have tolerances of accuracy. [/quote] Whic...
by Morgan Sweet
Sun Nov 10, 2019 6:27 pm
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

As far as the request from the OP for help from forum members there is much that can be considered. You are misleading the OP into believing there is a remedy for a problem that either doesn't exist - or if it does - would be considered de minimis . Your contribution to this thread has not helped t...
by Morgan Sweet
Sun Nov 10, 2019 6:25 pm
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

Hi Morgan Sweet, if I’ve understood you right, what you’re saying is that if you want to avoid taking a boundary dispute to court then all you have to do is hire a surveyor to produce a report that clearly supports your position - because the law has it the other party must accept the report as fac...
by Morgan Sweet
Sun Nov 10, 2019 6:22 pm
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

you own what is shown on the Title Deeds That is a total misconception as I know from personal experience. In 2003 Land Registry used a copy of an Ordnance Survey map that had not been revised since 1956, even though the two adjacent properties that were in common ownership in 1956 had become separ...
by Morgan Sweet
Tue Nov 05, 2019 11:26 am
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

Arborlad posted above: I asked you this: 'What exact process would you use to locate the boundary more correctly than the existing fence? '...............your anecdotes don't even come close to answering that. It's important to compare like with like in these circumstances. [/quote] My response: It ...
by Morgan Sweet
Fri Nov 01, 2019 10:29 am
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

I Never give advice to anyone I only say what I would do in a situation or give my opinion on a post. Personally I would never buy property where the boundary feature does not reflect the plan and the lengthy conveyancing process provides adequate opportunity to check. My position on this case is t...
by Morgan Sweet
Fri Nov 01, 2019 9:05 am
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

No, it did not go to court, the encroacher was advised presumably by his solicitor that the evidence from the Surveyor (who was going to act as an Expert Witness for the buyer) was to be accepted. The land was reclaimed and now has been built upon. The buyer (a retired developer) who lives abroad t...
by Morgan Sweet
Fri Nov 01, 2019 7:33 am
Forum: Boundaries
Topic: Neighbour installed fence in wrong place
Replies: 67
Views: 2296

Re: Neighbour installed fence in wrong place

Not tested in court then. Anecdotal. It was not tested in court, however that does not make it anecdotal, it was based on facts. You say that you sell lots of property on a "what you see is what you get basis" may I ask is this akin to "sold as seen"? As you well know, only property/land that can b...