Garden Law Discussion

Good Evening hoping for some advice please I purchased a property where the seller filled out all forms showing no problems however my surveyor found a water mark and my conveyoncer asked the seller if there had ever been any flooding as per the water mark and the seller never responded. The sale w...

No nothing official and high as that. They are almost like stepping stones in a line. There was also a natural line of some bushes / trees too. We have since removed a couple to make room fit the fence. https://imagizer.imageshack.com/v2/150x100q90/922/6Bofk3.jpg Hopefully you can see the above pic...

MacadamB53 wrote: ↑Wed Feb 24, 2021 7:40 pm

arborlad wrote: ↑Wed Feb 24, 2021 7:33 pm

MacadamB53 wrote: ↑Wed Feb 24, 2021 3:48 pm having managed to locate the application on the council’s website,

How did you achieve that - there isn't sufficient information?

yes there is

.................from this thread?

MacadamB53 wrote: ↑Wed Feb 24, 2021 3:48 pm having managed to locate the application on the council’s website,

How did you achieve that - there isn't sufficient information?

But in my eyes the boundary has been there, marked by a stone line since the house was built in 1971. ...............something like this: https://www.mpmoran.co.uk/path-edging-vibrated-wet-cast-round-top-100005073?cpkey=cIxRoIfK5YjJpUyu1xtL7tlymhZqw2wrak9tlZrJxtACB0EnZ96KOENTMWz7TYh-gVk9fnaTBA1Zbsn...

But in my eyes the boundary has been there, marked by a stone line since the house was built in 1971. A sketch or anonymised title plan is going to help here, you now have the requisite three posts that allows that. Can you clarify whether this is to front or rear, what you are describing seems to ...

LN51M27 wrote: ↑Tue Feb 23, 2021 10:55 pm We initially met the neighbour and agreed the boundary based on original land registry documents we have.
Thanks

LN51M27 wrote: ↑Wed Feb 24, 2021 6:13 am But in my eyes the boundary has been there, marked by a stone line since the house was built in 1971.

Of the two, what is on the ground is going to be more accurate.

Hi pilman, thanks for this. Well, I suppose my argument is actually that: 1) The strip of land isn't subject to LR plan interpretation because the plan makes clear based on the 'wedge' shape there was no intent, 2) The developers (higher level) had no intent to create a wider ROW than the one estab...

Collaborate wrote: ↑Tue Feb 23, 2021 8:10 am

Goodbadugly wrote: ↑Mon Feb 22, 2021 9:52 pm
Aye no doubt a criminal offence

Are you sure of that?

Well - we know it is a trespass, there is a certainty to that. Why did you not point that out - in preference to what you did!

there are two scenarios where an offence set out in the EPA may have occurred that involve a large quantity of dog faeces: 1. it is an offence if it has happened on public land 2. it is an offence if it is causing a statutory nuisance (unreasonably and substantially interfering with the use and enj...

1. Yes. At the time of purchase our solicitor confirmed it is our fence, we own it AND are responsible for maintaining it 2. Yes. Our predeccesor, our neighbours predecessor, AND the current owner have all acknowledged it is our fence. HE STILL acknowledges it IS our fence too! So how exactly is it...

Collaborate wrote: ↑Mon Feb 22, 2021 3:47 pm In fact we don't know that it is trespass...............

If you throw a mustard seed over the boundary, the law considers it a trespass. How are the neighbours actions not trespass?

Collaborate wrote: ↑Mon Feb 22, 2021 11:53 am How many times have you posted on this site that whoever pays for a boundary structure is presumed to be the owner?

Never.

He is simply claiming our post encroaches on his property as he believes the fence panel (which lies in the centre of the posts) is the boundary line, and therefore the mere 4cm or so of post is on "his side". Despite it NOT being in his concrete which is the original from when the property was bui...