Neighbour appropriated some of my garden

Post Reply
annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Sat Jan 12, 2019 12:06 am

Well. After the little diversion about title plans I thought you might like to know what I have done. Sadly my legal expenses cover does not extend to trespass. So I've written to the trespasser suggesting two options on how to proceed. I have told him I am prepared to let him have the bit of land for the nominal sum of £250 which will more than cover the cost of having the Land Registry alter the records. The other is to jointly appoint a land surveyor to establish the boundary on the understanding that we both accept his decision and act accordingly. I believe a full written report would cost in the region of £500. I am hoping he will agree to the first option and realize the second is potentially far more expensive for him as if a surveyor finds in my favour he would have the surveyors cost plus the cost of moving the fence back and completely demolishing the low wall that currently sits on the correct boundary. If he declines both options then I will see my solicitor who advised me near the end of last year to first look at the title plan. Will update when I hear back from my neighbour.

MacadamB53
Posts: 6605
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Neighbour appropriated some of my garden

Post by MacadamB53 » Sat Jan 12, 2019 12:21 am

Hi annie08,

option 1 doesn’t exist - you seem to be supposing HMLR can do something for you which I’m afraid isn’t the case.

the good news is - if he accepts your offer in writing that may constitute tacit evidence of an acknowledgement that he’s in possession of some of your land.

have you spoken about the situation with a sols?

kind regards, Mac

annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Sat Jan 12, 2019 8:34 am

Thanks Mac. I'm told option 1 requires a deed of rectification. AP1 and a TP1 forms to be submitted to the Land Registry at a cost of £40.

Morgan Sweet
Posts: 243
Joined: Sat Jan 03, 2015 7:47 pm

Re: Neighbour appropriated some of my garden

Post by Morgan Sweet » Sat Jan 12, 2019 7:07 pm

Hello annie08, I'm glad your solicitor advised you to first look at the Title Plan, despite what other people may say, this is the correct procedure.

You are advised correctly in that all you need is AP1 and TP1 forms but you do also require an accurate map to the correct specification identifying the area being transferred.

Although the cost is low to transfer the land using the Land Registry forms; you may want to consider contacting a Surveyor to obtain the acceptable scaled OS map to effect the transfer and to make sure that the area transferred is accurately identified.

annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Sat Jan 12, 2019 7:40 pm

Thank you Morgan Sweet. In that case I'm hoping £250 is sufficient to cover all the costs involved. That's if he agrees to option one!

arborlad
Posts: 8303
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour appropriated some of my garden

Post by arborlad » Sat Jan 12, 2019 10:07 pm

annie08 wrote:
Sat Jan 12, 2019 12:06 am
Well. After the little diversion about title plans I thought you might like to know what I have done. Sadly my legal expenses cover does not extend to trespass. So I've written to the trespasser suggesting two options on how to proceed. I have told him I am prepared to let him have the bit of land for the nominal sum of £250 which will more than cover the cost of having the Land Registry alter the records. The other is to jointly appoint a land surveyor to establish the boundary on the understanding that we both accept his decision and act accordingly. I believe a full written report would cost in the region of £500. I am hoping he will agree to the first option and realize the second is potentially far more expensive for him as if a surveyor finds in my favour he would have the surveyors cost plus the cost of moving the fence back and completely demolishing the low wall that currently sits on the correct boundary. If he declines both options then I will see my solicitor who advised me near the end of last year to first look at the title plan. Will update when I hear back from my neighbour.


You're putting too much reliance on paperwork. You now need to employ a fencer who can liaise with the neighbours and move the fence to its correct location, where it will not only look right but be right.

The disadvantage of any paper solution is that your boundary will always look wrong and be wrong.
arborlad

smile...it confuses people

annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Sat Jan 12, 2019 10:40 pm

I'm not willing to pay a fencer arborlad. It's more complicated than just reinstating the fence where it should be. I would have to demolish the low brick wall my neighbour has built directly behind the new fence as it is smack on the correct boundary line.
It will, if my neighbour agrees with option one, be far cheaper to move some paper around than a fence and brick wall and the boundary won't look wrong. Just different!

arborlad
Posts: 8303
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour appropriated some of my garden

Post by arborlad » Sat Jan 12, 2019 10:51 pm

annie08 wrote:
Sat Jan 12, 2019 10:40 pm
............... the boundary won't look wrong. Just different!


With those two very obvious doglegs, you're not just wrong but deluding yourself.
arborlad

smile...it confuses people

annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Sat Jan 12, 2019 11:42 pm

I don't mind a fence with a couple of doglegs. Having straight fences in a property I don't even live in isn't essential for me to be content in life. Option one as a resolution would be quite sufficient. 😜

MacadamB53
Posts: 6605
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Neighbour appropriated some of my garden

Post by MacadamB53 » Sun Jan 13, 2019 12:19 am

annie08 wrote:
Sat Jan 12, 2019 8:34 am
Thanks Mac. I'm told option 1 requires a deed of rectification. AP1 and a TP1 forms to be submitted to the Land Registry at a cost of £40.
by whom? and we’re they aware of the dimensions of the land you suppose you’ll be transferring?

annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Sun Jan 13, 2019 12:50 am

I was given the info from the Land Registry Mac. No we did not discuss dimensions but I was asked about the value of the land as apparently it has to be below a certain amount for a deed of rectification to be appropriate.

arborlad
Posts: 8303
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour appropriated some of my garden

Post by arborlad » Sun Jan 13, 2019 8:55 am

annie08 wrote:
Sat Jan 12, 2019 11:42 pm
I don't mind a fence with a couple of doglegs. Having straight fences in a property I don't even live in isn't essential for me to be content in life. Option one as a resolution would be quite sufficient. 😜



It's not a question of what you are content with, but what a prospective purchaser will be content with, the two very obvious doglegs will be an instant red flag to them and they'll just move on to the next property that doesn't have a boundary problem.

I'm surprised that you can own so many properties and have such a poor grasp of what a boundary feature is for.
arborlad

smile...it confuses people

annie08
Posts: 162
Joined: Mon Jun 09, 2008 1:59 pm
Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Sun Jan 13, 2019 3:21 pm

IMG_5713.JPG
I don't think any potential purchaser would run for the hills arborlad. The boundary won't be a problem once the Land Registry documentation is correct. I don't believe I have a "poor grasp" of the situation thank you!
You do not have the required permissions to view the files attached to this post.

Morgan Sweet
Posts: 243
Joined: Sat Jan 03, 2015 7:47 pm

Re: Neighbour appropriated some of my garden

Post by Morgan Sweet » Sun Jan 13, 2019 7:55 pm

You certainly do not have a "poor grasp", unlike some other contributors.

It is all quite straight forward if your neighbour agrees.


https://www.gov.uk/government/publicati ... ansfer-tp1

MacadamB53
Posts: 6605
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Neighbour appropriated some of my garden

Post by MacadamB53 » Sun Jan 13, 2019 8:32 pm

annie08 wrote:
Sun Jan 13, 2019 12:50 am
I was given the info from the Land Registry Mac. No we did not discuss dimensions but I was asked about the value of the land as apparently it has to be below a certain amount for a deed of rectification to be appropriate.
they’ll be able to advise if they can progress your application once they have all the details - it would really benefit the forum if you update this thread with how it goes.

all the best, Mac

Post Reply