Search found 15 matches

by wtc
Tue Dec 03, 2019 12:49 pm
Forum: Boundaries
Topic: Transfer Part 1 - red edging
Replies: 18
Views: 2191

Re: Transfer Part 1 - red edging

LR apologised saying a discrepancy between transfer plan and OS survey should normally picked up by them on registration but hadn't been noticed on this application. Any chance there was another earlier application? Where on first application, the LR does pick up the discrepancy, so gets cancelled....
by wtc
Sun Mar 03, 2019 10:15 pm
Forum: Boundaries
Topic: Transfer Part 1 - red edging
Replies: 18
Views: 2191

Re: Transfer Part 1 - red edging

As a layperson, but one who has been wronged by a developer putting a boundary feature parallel to something when it should not have been, I would also be expecting each buyer to get what they reasonably expected to buy. If detailed plans were shown and all parties signed their names to them then ea...
by wtc
Mon Feb 25, 2019 1:27 pm
Forum: Boundaries
Topic: New Builld Boundary Dispute
Replies: 6
Views: 937

Re: New Builld Boundary Dispute

One of those posts was mine. I have not updated the post yet but it is not over yet, though I am over the worst. Time for more chasing. I will post mine up when sufficiently resolved. But back to yours, I would be thankful it has been nipped in the bud early to avoid all the potential issues. The fa...
by wtc
Wed Jan 03, 2018 4:31 pm
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

Re: New build house - boundary fence in incorrect position

This one has been slow going. I have had something in writing from the developer, though I am not entirely happy with it for various reasons. One of which is aside from the fence positioning. From the advice of my solicitor, and also what I have seen online, the transfer plan is the one that has mos...
by wtc
Tue Jun 20, 2017 11:57 pm
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

Re: New build house - boundary fence in incorrect position

Over a year on and there have been a few steps forward, but also a few back. This a bit of a long post. Following my last post, I received the following plan from the senior contact at the developer (note this copy has been cropped, redacted and had the blue writing added). The red lines are from a ...
by wtc
Mon Feb 01, 2016 4:36 pm
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

Re: New build house - boundary fence in incorrect position

Following a gentle pm prod by Mac, I can give an update of where things are. I have had someone more senior from the developer on the case. He had agreed to get surveyors involved to measure the as-is, compare to the original CAD plan and state how much the boundary is out. He can tell that there is...
by wtc
Fri Dec 04, 2015 11:08 pm
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

Re: New build house - boundary fence in incorrect position

Despite some of the comments made by MacadamB63, the plan referred to by the OP is part of the deed of transfer. A plan drawn at a scale of 1:200 is certainly sufficient evidence to provide to a court should the area of land that has now been enclosed by an incorrectly positioned fence become subje...
by wtc
Fri Dec 04, 2015 10:59 pm
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

Re: New build house - boundary fence in incorrect position

Unfortunately you wont achieve a Determined Boundary, not without the neighbours agreement. I certainly recognise this! It was the neighbour suggesting getting a surveyor involved (for mediation). Although the facts are already there in front of us, I could see that the work of a professional in th...
by wtc
Thu Dec 03, 2015 10:11 am
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

Re: New build house - boundary fence in incorrect position

that map is based on a design plan when no development was there at all and so you cannot say with any certainty where Point B is in the real world because you're assuming everything else was built to plan to perfection. Could it make any difference if everything else on the design plan was built t...
by wtc
Thu Dec 03, 2015 10:04 am
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

Re: New build house - boundary fence in incorrect position

Box 3 of the TP1 contains very little: 3 Property: Plot xx <Development Address> The property is identified: [Checked box] on the attached plan and shown: edged red [Unchecked box] on the title plan(s) of the above titles and shown Just to be clear, it was the vendor intention that I have should hav...
by wtc
Wed Dec 02, 2015 4:29 pm
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

Re: New build house - boundary fence in incorrect position

It would surprise me that a cock-up by a fence erecter ignoring the plans carries greater legal weight than a witnessed deed. Though if boundary resolution was easy, then this site wouldn't exist.

I'll recheck the wording tonight as to what was conveyed.
by wtc
Wed Dec 02, 2015 2:17 pm
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

Re: New build house - boundary fence in incorrect position

Does this help show why I have the issue? http://img.photobucket.com/albums/v724/whitmanthecat/Mobile%20Uploads/20151202_135911-s2.jpg The contracts and the transfer deeds show red lines as the boundary, on a line from A to B and if continued to the corner of the backing house. (At the side and fron...
by wtc
Wed Dec 02, 2015 12:52 pm
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

Re: New build house - boundary fence in incorrect position

Just to reiterate, the neighbour and I are not in agreement - that is the problem. It may depend on what you mean by 'clearly defined', but if both my transfer deed and his transfer deed shows the boundary running from A to B, but the fence is running from A to C, how can I best go about getting the...
by wtc
Wed Dec 02, 2015 11:42 am
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

Re: New build house - boundary fence in incorrect position

Hello, In response to the queries: who owns the fence? The fence is owned by the neighbour according to the transfer. Which do you want? The land? Or cash? What is the value of the land? ... Google will probably have an answer. Probably small change to the developer. Possibly cheaper for him to pay ...
by wtc
Tue Dec 01, 2015 5:32 pm
Forum: Boundaries
Topic: New build house - boundary fence in incorrect position
Replies: 29
Views: 11920

New build house - boundary fence in incorrect position

Hello All I live on a new build development but I believe the fence between my property and a neighbour was put in the wrong place. The area under dispute is a tapering strip with length 24m, width 1.5m at one end and zero at the other end. About 18 sq m in total, or nearly 200 sq ft in old money. M...