Postby Abbey » Wed Jun 14, 2017 11:57 am

Hello everyone.
I,am new to the forum so here goes We have lived in this semi detached house since 1980 which was council then transferred to a housing association in 2008 we bought the house 4yrs ago outright under the right to buy scheme as we was already living in the property we did not feel that we needed a survey of our own the housing association sent out there own surveyor to measure the boundary we made the surveyor aware that the fence that is in place is a screen fence only and the concrete boundary posts that have been there since the house was built in the 50,s are still in place and to measure to the original boundary posts as everybody elses that have bought there property the neighbours boundary posts are to the right he has measured to the screen fence which has left us short of about a foot. Now we are having a dispute with the housing associations tenants that have taken out the boundary posts without permission the housing association wants to come and measure the boundary. We have measured the boundary ourselves and the surveyor has measured to the screen fence not the boundary posts as he said he was we feel that the surveyor has not done his job right can we have it remeasured to re determine the boundary with an independant land surveyor and does anyone know where I can obtain the title plan from when the council transferred the house to the housing association.

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Postby MacadamB53 » Wed Jun 14, 2017 12:20 pm

Hi Abbey,

just to check.

from 1980 to 2013 you were a tenant and the whereabouts of the boundary remained the business of your landlord.

your landlord sold your property on in 2008 and the purchaser was happy with that transfer and paid for a survey in the process.

have I got that right?

regarding the title plan: as part of that transfer a title plan was produced by HMLR so that the whereabouts of the property described in the registered can be understood - not to record the location of the boundaries.

separate to the above, even if the "mistake" was recitifed, you have not provided any evidence that you own the concrete posts and so they may belong to the neighbour anyway.

Kind regards, Mac
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Postby Collaborate » Wed Jun 14, 2017 2:49 pm

I don't think you have that quite right Mac.

OP is the original buyer they didn't pay for a survey. They relied on the HA surveyor, who owed them no duty of care.

They did not query at the time how the boundary was drawn.

OP - I don't think you have a leg to stand on. You accepted the boundary when you bought the property. You could try and argue that there was an error, but I suspect that the HA won't want to listen and for the sake of a foot, given you have approved the plan in the past (when you bought it), the court won't give you any relief.
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