Survey shows extent of incorrect fence position

SmallWelshBarn
Posts: 49
Joined: Tue Nov 14, 2017 3:34 pm
Number of Posts per Page: 8
Number of topics per page: 8

Re: Survey shows extent of incorrect fence position

Post by SmallWelshBarn » Wed Jun 12, 2019 2:19 pm

I understand now what you are asking. Both properties A & C have never been connect title wise. Property A has always been separated property from C . A&C never have been combined titles.
The previous owner simply purchased both titles hence my confusion.
My title has no relation to land C.
I will look for the information you asked for.

mr rusty
Posts: 2
Joined: Fri May 11, 2018 3:28 pm

Re: Survey shows extent of incorrect fence position

Post by mr rusty » Fri Jun 21, 2019 4:31 pm

If I am understanding this right, A&C under same ownership. Fence moved. C separated with the intent of splitting off beyond the fence, but original title/plans not updated to show the moved fence. Fence has been up 10 years plus. You now ascertain that the land beyond the fence belongs to C because the original plans showed this.

You will lose. If it can be shown that the intent was to split off beyond the fence, irrespective of plans, and the boundary has been defined by the fence for over 10 years, my understanding is that the fence is now the boundary.

Unless the strip has some amazing value to you I would move on, because you will spend far more pursuing this than it could ever be worth.

SmallWelshBarn
Posts: 49
Joined: Tue Nov 14, 2017 3:34 pm
Number of Posts per Page: 8
Number of topics per page: 8

Re: Survey shows extent of incorrect fence position

Post by SmallWelshBarn » Tue Jul 02, 2019 3:25 pm

Some thing I had forgot to mention...... Rather important at one point the land in question either side of the hedge has its own title deed number and plan etc. I think it was hived off a few years back to be kept as a random strip. This strip of land is approximately 8m wide by about 20m in length.
I bought three titles with my property this being one of the plots.
Hence I would imagine I would be in the right to now fence this land in its entirety ?

Post Reply