Old house with boundary - now being disputed

Post Reply
sueevans
Posts: 5
Joined: Wed Feb 28, 2018 5:53 pm
Number of Posts per Page: 20
Number of topics per page: 20

Old house with boundary - now being disputed

Post by sueevans » Thu Mar 01, 2018 1:56 pm

Hoping for some help here.

Our house was built in 1916. It is detached with a stone wall boundary all around the property. It is clear on the title plan with land registry. There were no properties on either side until recently. In 1996 a house was build very near our boundary. We moved to the property several years ago. Our new neighbours are now claiming the stone wall in between the properties is theirs and are particularly aggressive. We also have aerial photos to prove the boundary is unchanged in any way from 1916. There is nothing in either properties deed to mentioning any transfer of ownership of the boundary wall.

We have been advised that the legal presumption is that the boundary wall belongs to the old property. What do the experts on here feel?

Many thanks for your help.

Eliza
Posts: 340
Joined: Sun Jun 01, 2014 6:28 am

Re: Old house with boundary - now being disputed

Post by Eliza » Thu Mar 01, 2018 2:15 pm

Ignore them.

Your wall and your house went up at the same time. Their house came along a lot later. You even have the photos to prove it. Game, set and match to you. Don't even bother to engage in conversation with them. At most - you provide them with copies of the photos showing your wall was there before their house. That is all you do. As stated - ignore them.
Apologies for not giving exact personal details in my posts - you never know who is reading....

sueevans
Posts: 5
Joined: Wed Feb 28, 2018 5:53 pm
Number of Posts per Page: 20
Number of topics per page: 20

Re: Old house with boundary - now being disputed

Post by sueevans » Thu Mar 01, 2018 2:59 pm

Thank you Eliza for your help.

stufe35
Posts: 811
Joined: Mon Nov 05, 2012 3:06 pm

Re: Old house with boundary - now being disputed

Post by stufe35 » Thu Mar 01, 2018 3:07 pm

Yes just point out the logic of the situation to them (ie old house old wall vs new house) and ask them to provide the documentation which evidences the wall was sold to them.

arborlad
Posts: 7916
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Old house with boundary - now being disputed

Post by arborlad » Thu Mar 01, 2018 3:35 pm

sueevans wrote:Hoping for some help here.

Our house was built in 1916. It is detached with a stone wall boundary all around the property. It is clear on the title plan with land registry. There were no properties on either side until recently. In 1996 a house was build very near our boundary. We moved to the property several years ago. Our new neighbours are now claiming the stone wall in between the properties is theirs and are particularly aggressive. We also have aerial photos to prove the boundary is unchanged in any way from 1916. There is nothing in either properties deed to mentioning any transfer of ownership of the boundary wall.

We have been advised that the legal presumption is that the boundary wall belongs to the old property. What do the experts on here feel?

Many thanks for your help.



This is not a situation you can afford to ignore, first you must ask them what evidence they have to support their spurious claim.An old stone wall has a significant footprint compared to an ordinary garden fence. I suspect your neighbour intends to develop but has insufficient land to do so........place there postcode into Google followed by planning application and see what the results are.
arborlad

smile...it confuses people

sueevans
Posts: 5
Joined: Wed Feb 28, 2018 5:53 pm
Number of Posts per Page: 20
Number of topics per page: 20

Re: Old house with boundary - now being disputed

Post by sueevans » Thu Mar 01, 2018 3:45 pm

Thank you there is no planning application in. All previous ones have been refused. I just think they are completely unpleasant people but thank you for your advice.

despair
Posts: 16314
Joined: Mon Mar 14, 2005 7:07 am

Re: Old house with boundary - now being disputed

Post by despair » Thu Mar 01, 2018 6:49 pm

If theres no planning application for the house in 1996
The house is illegal

sueevans
Posts: 5
Joined: Wed Feb 28, 2018 5:53 pm
Number of Posts per Page: 20
Number of topics per page: 20

Re: Old house with boundary - now being disputed

Post by sueevans » Thu Mar 01, 2018 9:33 pm

Sorry I meant no new planning application. They have tried for extensions etc but have been refused.

SwitchRich
Posts: 165
Joined: Wed Feb 24, 2016 10:34 am

Re: Old house with boundary - now being disputed

Post by SwitchRich » Sun Mar 04, 2018 10:00 am

I think arborlad is right in not ignoring.
Build your evidence with a photo and send a letter and keep a copy. That way you at least have a record of refuting their claim.
Does this boundary they are claiming give them more land?

arborlad
Posts: 7916
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Old house with boundary - now being disputed

Post by arborlad » Sun Mar 04, 2018 11:11 am

sueevans wrote:Thank you there is no planning application in. .
sueevans wrote:Sorry I meant no new planning application. They have tried for extensions etc but have been refused.



Have any of their previous applications included land that you own as part of it?............how thick is the wall at ground level, that is the amount of your land that is at risk.

You need to be proactive to ensure the neighbour knows and accepts that the stone wall and the land it occupies is in your ownership - otherwise you'll return from work/holiday to find your wall gone!
arborlad

smile...it confuses people

arborlad
Posts: 7916
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Old house with boundary - now being disputed

Post by arborlad » Sun Mar 04, 2018 2:25 pm

arborlad wrote:
sueevans wrote:Thank you there is no planning application in. .
sueevans wrote:Sorry I meant no new planning application. They have tried for extensions etc but have been refused.



Have any of their previous applications included land that you own as part of it?............how thick is the wall at ground level, that is the amount of your land that is at risk.

You need to be proactive to ensure the neighbour knows and accepts that the stone wall and the land it occupies is in your ownership - otherwise you'll return from work/holiday to find your wall gone!


Meant to add this as well.............the wall itself will have a value beyond defining your boundary, your garden will be warmer because of it, the stone will have a value and even if in poor condition will be a rich habitat for small mammals and invertebrates.
arborlad

smile...it confuses people

sueevans
Posts: 5
Joined: Wed Feb 28, 2018 5:53 pm
Number of Posts per Page: 20
Number of topics per page: 20

Re: Old house with boundary - now being disputed

Post by sueevans » Mon Mar 05, 2018 4:19 pm

Thank you all so much for your advice. We did some investigation with land registry and have discovered that their boundary does not include the area he is disputing so we sent him a copy of his title plan and as expected have heard nothing back. They are bullies and obviously didn't expect us to check properly so just tried it on.

Thank you all again for your help.

arborlad
Posts: 7916
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Old house with boundary - now being disputed

Post by arborlad » Tue Mar 06, 2018 7:30 am

Only you will know if that is sufficient to put the matter to rest after they have made aggressive attempts to claim your wall.
arborlad

smile...it confuses people

despair
Posts: 16314
Joined: Mon Mar 14, 2005 7:07 am

Re: Old house with boundary - now being disputed

Post by despair » Tue Mar 06, 2018 8:39 am

Yup

Typical bullies who hope their threats will make you give them what they want

Post Reply