Boundary been moved by developer

Boundary been moved by developer

Postby louisetrav16 » Thu Jan 04, 2018 12:30 pm

Hi

We have a boundary where the other side has been developed by a renowned developer. They have a treeline of 80 leylandii on their side but right up to our boundary which they maintained and the next property manager company maintained. But the property manager has changed and the new one refuses to tend the leylandii tree line circa 25ft and growing....

We can document our boundary line has been there since 1874, its not moved and not changed?!

The new property manager has sent us the land registry for the development (the development has now been established a few years) and we are shocked!!

It now shows a wiggly line where the developer has fenced in the treeline to our boundary and left it as a no mans land of 80 leylandii trees between our two boundaries?

What can we do, who is responsible.. is the developer?? Can they legally change the boundary like this its been there for years? Who is responsible for registering a development with HM Land Registry, the developer?

Help!!
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Re: Boundary been moved by developer

Postby Collaborate » Thu Jan 04, 2018 2:42 pm

They can't change the boundary of your land. All they are doing is retaining some land and not selling it on.
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Re: Boundary been moved by developer

Postby MacadamB53 » Thu Jan 04, 2018 2:50 pm

Hi louisetrav16,

if I understand you correctly they have not, as your thread title suggests, moved your boundary.

they have sold off almost all of their land after developing it and kept the sliver of land that is bound on one side by your property and the boundary you share with this sliver is marked by a line of trees - as it did before.

have I misunderstood you, though?

kind regards, Mac
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Re: Boundary been moved by developer

Postby louisetrav16 » Thu Jan 04, 2018 3:48 pm

Thanks for looking at my issue...

My boundary as per my property land registry entry has not moved ........straight line to the main road.

Development boundary on planning application/old house that was there etc shown......... straight to the road.

BUT... on the new registered land registry document (and another conveyancing document provided by the property management company) the boundary has moved it shows mine following the developers new fence line which fences in the leylandii to the boundary hence making it seem like we own those trees.

Obviously the developer still owns the land or does the property management company now?

Thanks
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Re: Boundary been moved by developer

Postby MacadamB53 » Thu Jan 04, 2018 4:57 pm

Hi louisetrav16,

so have I understood correctly or not?

sounds like I have, but you didn’t say either way...

on the new registered land registry document... [the one for the land next door] ...it shows mine [an edge of your property] following the developers new fence line

no it doesn’t - it doesn’t show what you own at all - the only purpose for that document’s existence it to show (by way of a red line) the whereabouts in the world of next doors’ land.

the developer still owns the land or does the property management company now?

assuming that the original property was unregistered prior to the transfer of the developed part, the land on which the trees stand (the bit between your land and the development) will still be owned by the developer.

kind regards, Mac
Last edited by MacadamB53 on Thu Jan 04, 2018 5:42 pm, edited 1 time in total.
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Re: Boundary been moved by developer

Postby Collaborate » Thu Jan 04, 2018 5:30 pm

You could always take your fence down and occupy the strip of land. After 12 years you could apply for possessory title, then chop the trees down if you want.
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Re: Boundary been moved by developer

Postby arborlad » Thu Jan 04, 2018 6:18 pm

louisetrav16 wrote:We can document our boundary line has been there since 1874, its not moved and not changed?!




What does the boundary line consist of, fence, wall etc., who owns it?
arborlad

smile...it confuses people
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Re: Boundary been moved by developer

Postby jonahinoz » Fri Jan 26, 2018 9:39 am

...assuming that the original property was unregistered prior to the transfer of the developed part ...

Hi Mac,

That's an interesting point.

If the developed property was not registered prior to development, then it would have no registered boundaries.

But if Louise' property was registered, then HER boundary will be registered, which, I'm guessing, will carve the developer's boundary in stone.

Still guessing, the land how in the possession of the property management company has been registered. Would the act of registration require the developer to register the land that he has retained, under a separate LR number? Or will it still be un-registered. How can Louise find out which it is? I know it is possible for her to get details of all registered property within a certain radius of her house, but I've never had much luck with that ... probably my lack of PC skills.

My money would be on the developer still being the owner of the trees, and therefore responsible for their maintenance. The management company have adroitly side-stepped that responsibility.

Question ... I'm guessing that Louise already has a copy of the register for her own property. If she now requests a new copy, will she get an updated map showing recent boundary changes nearby, or will she just get another copy of the map that she already has.

John W
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Re: Boundary been moved by developer

Postby jdfi » Mon Jan 29, 2018 8:16 pm

So you get a free garden extension/extra parking area just for the cost of a tree surgeon for a couple of days?

Thats great news. Wish it was me.
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