Boundary and Private access

Re: Boundary and Private access

Postby dubs » Sun Apr 10, 2016 12:49 pm

Thanks for that quick response and i will take your advise onboard and write tomorrow.

PS Any advise on this 3 year experience on our Determined Boundary and Adverse Possession to eventually end up in court just ask.

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Re: Boundary and Private access

Postby arborlad » Sun Apr 10, 2016 12:51 pm

arsie wrote:My preference (nothing since Nov'13 and it is now Apr'16) would be your new thread.

No - please no!!...............what has been placed on that thread is identical to this
arborlad confuses people
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Re: Boundary and Private access

Postby pilman » Mon Apr 11, 2016 1:04 pm

We also applied for these titles to be merged in November 2014 via an AP1 Land Registry form and paid the £40 fee; this has not yet being fully processed by the Land Registry.
If this original matter that was posted about in 2013 was decided by the First Tier Tribunal does that mean it was based on an application made to Land Registry before you made a separate application to merge the freehold and leasehold titles.

If that was the case then your second application, relating to a title number that was already subject to a prior application, could not be dealt with until the first application had been decided.

That is the procedure applicable to applications that have been referred to the Tribunal when an objection had been raised in respect of an application to change the register.

Until that first matter is finalised the second application is held in abeyance, because the first application had priority.

Now that the Tribunal judge has given her ruling, because there is still a leasehold title in existence, the application to merge the titles should now be completed.

Once there is no longer a leasehold title then as owner of the freehold title it will be possible to seek re-possession of the freehold land now occupied by the neighbour since 2008.

As for the costs order made by the Tribunal judge, there would be no costs involved if you acted on your own behalf. What would you have been able to claim as costs even if successful?
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Re: Boundary and Private access

Postby dubs » Tue Apr 12, 2016 6:19 pm

Thanks for that reply especially the piece on being able to re-possess the Freehold land when the titles are merged and there is no longer a Leasehold Title on our property.

As for the costs, even though I stated we represented ourselves at the Hearing, we did employ an Expert Witness Surveyor as required by the Tribunal and he also attended the Hearing.

Can we also not claim the costs from the start of this boundary dispute in 2013 with Surveyors, Solicitors, Land Registry Fees, and Photocopying, stationary and Postage and Packing
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Re: Boundary and Private access

Postby jonahinoz » Sat Apr 16, 2016 7:22 am

Our neighbour is a single man in his late forties who changes property regularly for investment purposes


If he changes property regularly, for investment purposes, then the taxman might be interested.

If he is hoping to sell his present house, then he will not want a "dispute" lurking in the back-ground (but neither will you).

I would not want an easement over my property, and would try to avoid buying such a property. I might try "trading" something he wants, in return for him giving up his claim to the easement. I doubt that you can afford a legal battle, but your neighbour probably can. He wants something, let him pay to formalise any arrangement.

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