Chartered surveyors

Volumiza
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Chartered surveyors

Post by Volumiza » Mon Feb 19, 2018 11:39 am

Hello,

I've been involved in a long term boundary dispute / right of way dispute with our neighbours and now have bought another property on the row of houses. This has come with a ready made boundary dispute with the same people unfortunately. This old cottage had been empty for years and had so many open boundaries that they have been eroded quite considerably by one neighbour.

I intend to put a permanent boundary feature up in between their property and my new one and have employed the services of a chartered surveyor to come and denote the boundary. I have invited the owner of the property we have been in dispute with to be present on the day and hopefully we can reach agreement but legally, what will his decision / results mean? I imagine the neighbours have spread at least 15 foot across and while I'm not out to fight WW3 over a few inches here and there I do want what is technically mine. Can I immediately erect a fence?

Thanks,
Vol

Collaborate
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Re: Chartered surveyors

Post by Collaborate » Mon Feb 19, 2018 12:54 pm

You can erect a fence immediately if there isn't one there already. If the neighbour has been encroaching though I presume that he has erected his own fence?

Volumiza
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Re: Chartered surveyors

Post by Volumiza » Mon Feb 19, 2018 1:35 pm

No, this is the last open boundary. They have no put a fence up yet but they are clearly planning to. I wanted a surveyor in to try and sort it without any more arguments. So is a surveyors decision final and legally binding?

span
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Re: Chartered surveyors

Post by span » Mon Feb 19, 2018 3:43 pm

Volumiza wrote:No, this is the last open boundary. They have no put a fence up yet but they are clearly planning to. I wanted a surveyor in to try and sort it without any more arguments. So is a surveyors decision final and legally binding?
No, of course not. Your neighbor can reject any findings your surveyor makes. You are free to reject any findings his surveyor makes.

It's the judge's decision that is final and legally binding - and even then, only if it hasn't been appealed.

SwitchRich
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Re: Chartered surveyors

Post by SwitchRich » Mon Feb 19, 2018 4:19 pm

It appears that the first mover has the advantage. If you can get a fence up then it is the neighbour that then has to prove it is in the wrong place in order to force you to move it.
However they could just rip it up themselves in the belief that it is on their land.
If you have a surveyors report showing then that is at least some data to show a court at a later date.
Guess there is no chance of a picture?

Volumiza
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Re: Chartered surveyors

Post by Volumiza » Mon Feb 19, 2018 6:55 pm

SwitchRich wrote:It appears that the first mover has the advantage. If you can get a fence up then it is the neighbour that then has to prove it is in the wrong place in order to force you to move it.
However they could just rip it up themselves in the belief that it is on their land.
If you have a surveyors report showing then that is at least some data to show a court at a later date.
Guess there is no chance of a picture?
I aim to be the first mover, I'm wise to these guys now. There can be no true belief the boundary is one their land, it is so obviously different to the title plan and this is something they have agressively done over the last couple of months. They've lined their wheelie bins out in a clear indicator where they see the boundary.

If they rip it up, is that criminal damage?

Yes, I can upload picture when I'm back at work tomorrow.

jdfi
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Re: Chartered surveyors

Post by jdfi » Tue Feb 20, 2018 8:08 am

Lets be clear here. You bought what you saw.

If this other cottage has been empty 'for years' and presumably before that there was a death, you need to accept that next door have adversely possessed land that is no longer yours.

It is a fallacy to think that you can buy a dispute and have any entitlement to land which is no longer included with your property.

(PS - what will you do if you open up this long term empty property and realise they've taken over the entire first floor?)

Volumiza
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Re: Chartered surveyors

Post by Volumiza » Tue Feb 20, 2018 8:42 am

jdfi wrote:Lets be clear here. You bought what you saw.

If this other cottage has been empty 'for years' and presumably before that there was a death, you need to accept that next door have adversely possessed land that is no longer yours.

It is a fallacy to think that you can buy a dispute and have any entitlement to land which is no longer included with your property.

(PS - what will you do if you open up this long term empty property and realise they've taken over the entire first floor?)
Sorry but what a load of rubbish. I did buy what I saw. The land was completely open and empty until I bought the property, then they have started putting their bins and a tarpaulin down on a section of it trying to claim that which is is not theirs, it is what they do systematically. I have photographs of this land from just before Christmas with nothing on it. The guy who owned the cottage moved out because the neighbours I am in dispute with made his life a misery and he couldn't take it anymore.

They have not claimed this land at all and will not.

Vol.

SwitchRich
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Re: Chartered surveyors

Post by SwitchRich » Tue Feb 20, 2018 9:10 am

jdfi wrote:Lets be clear here. You bought what you saw.

If this other cottage has been empty 'for years' and presumably before that there was a death, you need to accept that next door have adversely possessed land that is no longer yours.

It is a fallacy to think that you can buy a dispute and have any entitlement to land which is no longer included with your property.

(PS - what will you do if you open up this long term empty property and realise they've taken over the entire first floor?)

I'm not sure this makes sense to me either? Adverse possession takes a very long time.
And any new owner irrespective if there is a personal history between them would be able to say the same.
And besides a wheelie bin is not a "boundary feature" If there was a fence already in the ground then what you say might stand up a bit more with "you bought what you saw".

jdfi
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Re: Chartered surveyors

Post by jdfi » Tue Feb 20, 2018 10:00 am

Volumiza wrote:
jdfi wrote:Lets be clear here. You bought what you saw.

If this other cottage has been empty 'for years' and presumably before that there was a death, you need to accept that next door have adversely possessed land that is no longer yours.

It is a fallacy to think that you can buy a dispute and have any entitlement to land which is no longer included with your property.

(PS - what will you do if you open up this long term empty property and realise they've taken over the entire first floor?)
Sorry but what a load of rubbish. I did buy what I saw. The land was completely open and empty until I bought the property, then they have started putting their bins and a tarpaulin down on a section of it trying to claim that which is is not theirs, it is what they do systematically. I have photographs of this land from just before Christmas with nothing on it. The guy who owned the cottage moved out because the neighbours I am in dispute with made his life a misery and he couldn't take it anymore.

They have not claimed this land at all and will not.

Vol.
In that case, get a team of polish builders to fence around the property, 6ft high, concrete posts, and warn them there may be trouble.

Volumiza
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Re: Chartered surveyors

Post by Volumiza » Tue Feb 20, 2018 10:07 am

jdfi wrote:
Volumiza wrote:
jdfi wrote:Lets be clear here. You bought what you saw.

If this other cottage has been empty 'for years' and presumably before that there was a death, you need to accept that next door have adversely possessed land that is no longer yours.

It is a fallacy to think that you can buy a dispute and have any entitlement to land which is no longer included with your property.

(PS - what will you do if you open up this long term empty property and realise they've taken over the entire first floor?)
Sorry but what a load of rubbish. I did buy what I saw. The land was completely open and empty until I bought the property, then they have started putting their bins and a tarpaulin down on a section of it trying to claim that which is is not theirs, it is what they do systematically. I have photographs of this land from just before Christmas with nothing on it. The guy who owned the cottage moved out because the neighbours I am in dispute with made his life a misery and he couldn't take it anymore.

They have not claimed this land at all and will not.

Vol.
In that case, get a team of polish builders to fence around the property, 6ft high, concrete posts, and warn them there may be trouble.
? All I asked about was the validity of a chartered surveyors report. I've never used or needed one for this kind of thing and was asking if there was anyone with experience of this who could give some advice.

I'm not employing anyone to erect a fence, I'll be doing it myself.

Roblewis
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Re: Chartered surveyors

Post by Roblewis » Tue Feb 20, 2018 11:07 am

A chartered surveyor is always able to be an expert witness in court and his views will hold great weight before a judge unless opposed by another expert of equal standing in such matters. Thus his report is not absolute. As others state if you move first and fast then the neighbour is having to disprove your expert. The photographs will provide some useful evidence

arborlad
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Re: Chartered surveyors

Post by arborlad » Mon Feb 26, 2018 12:06 pm

Volumiza wrote: I'm not employing anyone to erect a fence, I'll be doing it myself.


Not sure what stage you are at with the surveyor but a fencer will be at least as good as a surveyor in finding the hidden posts and other clues that might establish the limit of your land. Given the relationship with your neighbour, whilst you might be fully able to erect the fence - an independent third party might be better under the circumstances.
Last edited by arborlad on Mon Feb 26, 2018 1:04 pm, edited 1 time in total.
arborlad

smile...it confuses people

MacadamB53
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Re: Chartered surveyors

Post by MacadamB53 » Mon Feb 26, 2018 1:01 pm

arborlad wrote:
Volumiza wrote: I'm not employing anyone to erect a fence, I'll be doing it myself.


Not sure what stage you are at with the surveyor but a fencer will be at least as good as a surveyor in finding the hidden posts and other clues that might establish the limit o fyour land. Given the relationship with your neighbour, whilst you might be fully able to erect the fence - an independent third party might be better under the circumstances.
+1 this is a very sensible and considered suggestion and one I’d adopt.

Volumiza
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Re: Chartered surveyors

Post by Volumiza » Tue Feb 27, 2018 3:25 pm

MacadamB53 wrote:+1 this is a very sensible and considered suggestion and one I’d adopt.
Just waiting for an appointment, hopefully the owner of our neighbours house will be present and we can find an amicable solution on the day without need for further expensive litigation and put this whole sorry episode to bed. Fingers crossed.

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