Crossing a general boundary = trespass?

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geordiepete
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Re: Crossing a general boundary = trespass?

Post by geordiepete »

alyson wrote: Tue Feb 25, 2020 8:12 pm
vegansavage wrote: Tue Feb 25, 2020 7:10 pm
alyson wrote: Tue Feb 25, 2020 5:44 pm

Please answer!
What does the presence of the gate restrict you from doing????????
I'm not really sure how to answer. If you buy one thing but it's potentially not what you thought, then you'd look in to it. My biggest concern is future development, over something I didn't even consider was possible.
IMHO you are spending a lot of money on something that is a non problem.
You are spending lots of cash winding your neighbour up and are in danger of permanently souring your relationship with them, potentially to the point where you end up having to move to get peace of mind.
Having been on the neighbour’s end of a dispute, winning and then welcoming a new neighbour within the year, I speak from experience.
I consider it a problem. My neighbour has done some crappy things over the years, this is the first time I've responded.
Last edited by geordiepete on Tue Feb 25, 2020 8:22 pm, edited 1 time in total.
alyson
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Re: Crossing a general boundary = trespass?

Post by alyson »

vegansavage wrote: Tue Feb 25, 2020 8:16 pm
alyson wrote: Tue Feb 25, 2020 8:12 pm
vegansavage wrote: Tue Feb 25, 2020 7:10 pm

I'm not really sure how to answer. If you buy one thing but it's potentially not what you thought, then you'd look in to it. My biggest concern is future development, over something I didn't even consider was possible.
IMHO you are spending a lot of money on something that is a non problem.
You are spending lots of cash winding your neighbour up and are in danger of permanently souring your relationship with them, potentially to the point where you end up having to move to get peace of mind.
Having been on the neighbour’s end of a dispute, winning and then welcoming a new neighbour within the year, I speak from experience.
I consider it a problem. My neighbour has done some crappy things over the years, this is the first time I've responded.
Fair enough, our neighbours were psychos, we are glad they are gone but the stress it all caused was phenomenal
MacadamB53
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Re: Crossing a general boundary = trespass?

Post by MacadamB53 »

Hi vegansavage,

If the surveyor [developer] had wanted the road to be used exclusively for my property, that my neighbour's land doesn't abut the road, what would be the signs to look for?

is your own property open plan?
geordiepete
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Re: Crossing a general boundary = trespass?

Post by geordiepete »

MacadamB53 wrote: Tue Feb 25, 2020 9:06 pm Hi vegansavage,

If the surveyor [developer] had wanted the road to be used exclusively for my property, that my neighbour's land doesn't abut the road, what would be the signs to look for?

is your own property open plan?
Originally yes. Between 2003-05 I believe the only features outside the front of my property was the road and then the original fence 5 metres beyond. It seems odd they would leave such a good piece of side garden outside their fenced in garden, but as I said the developers were still working on something right next to where the neighbours would erect a piece of fence that doesn't sit besides the road, at the front of their property. In 2005 the fence was erected just under a metre from the kerb on the other side from me. At some point between 2010-13 (seeing photos) a hedge was planted on my side of the kerb.
arborlad
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Re: Crossing a general boundary = trespass?

Post by arborlad »

geordiepete wrote: Sat Jan 25, 2020 8:22 am Hi. I'm after some advice regarding crossing a general boundary, does this constitute trespassing? I live in a small cul-de-sac, at the very end where a single lane road comes off the cul-de-sac serving the front of my house only (number 4). My house faces my neighbour's side garden (number 5) and they have installed a gate to access this road (planning permission for a fence in 2002, gate installed 2005, used with permission by us and previous homeowners (who told us the strip of road was private) but number 5 claim this access is a right). The general boundary between us is on the furthest side of the road, so the road is fully within my boundary giving me frontage on both sides. For them to use this gate they have to cross the general boundary. Their argument is that the boundary between us is the kerb (giving them frontage?), whereas my argument is that this is where the general boundary begins and that if they owned to the kerb then the boundary would be in the middle of the road (ad medium filum - like the rest of the cul-de-sac). According to the deeds this is a shared boundary, there is no 'T' mark.

The road, according to the council is adopted, however they can not evidence this even though they acknowledge it was private until 2002 (sold by the Ministry of Defence to a developer). I went to a solicitor a year ago who believed the road would not have been adopted, and advised I submit a Freedom of Information requesting the evidence of adoption. The council responded stating they have no evidence. I appealed through the ICO who also confirmed there was no more evidence, even though the council searched 10 departments including emails and paper files. The council still however claim the road is adopted. The council has confirmed that, according to them, only the road is adopted, not the verge/general boundary. I got some legal advice six months ago from a solicitor who told me that I could stick a fence up in the general boundary area blocking the neighbour's gate and erect my own gate across the road blocking all access to it and then see what happens. I could do this, but I want to be legally sound in any action I take before I go angering the neighbours!

I've attached two files. One is the title plan, the other is from the TP1 when the land was transferred out of the larger plot which had previously been fully owned by the Ministry of Defence and divided up into single dwellings by the developers.

Thank you.



This thread contains all the background, history and context of your situation, it also had photos and plans - no need to go searching elsewhere.

This post contains at least two mentions of kerbs - no need to go searching elsewhere.

The title of this thread is somewhat confusing, if you throw a mustard seed over the boundary, the law considers it a trespass. There is only one boundary between two adjoining, when talking of a 'general Boundary', it usually means something derived from paper.
arborlad

smile...it confuses people
geordiepete
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Re: Crossing a general boundary = trespass?

Post by geordiepete »

arborlad wrote: Mon May 25, 2020 1:33 pm
geordiepete wrote: Sat Jan 25, 2020 8:22 am Hi. I'm after some advice regarding crossing a general boundary, does this constitute trespassing? I live in a small cul-de-sac, at the very end where a single lane road comes off the cul-de-sac serving the front of my house only (number 4). My house faces my neighbour's side garden (number 5) and they have installed a gate to access this road (planning permission for a fence in 2002, gate installed 2005, used with permission by us and previous homeowners (who told us the strip of road was private) but number 5 claim this access is a right). The general boundary between us is on the furthest side of the road, so the road is fully within my boundary giving me frontage on both sides. For them to use this gate they have to cross the general boundary. Their argument is that the boundary between us is the kerb (giving them frontage?), whereas my argument is that this is where the general boundary begins and that if they owned to the kerb then the boundary would be in the middle of the road (ad medium filum - like the rest of the cul-de-sac). According to the deeds this is a shared boundary, there is no 'T' mark.

The road, according to the council is adopted, however they can not evidence this even though they acknowledge it was private until 2002 (sold by the Ministry of Defence to a developer). I went to a solicitor a year ago who believed the road would not have been adopted, and advised I submit a Freedom of Information requesting the evidence of adoption. The council responded stating they have no evidence. I appealed through the ICO who also confirmed there was no more evidence, even though the council searched 10 departments including emails and paper files. The council still however claim the road is adopted. The council has confirmed that, according to them, only the road is adopted, not the verge/general boundary. I got some legal advice six months ago from a solicitor who told me that I could stick a fence up in the general boundary area blocking the neighbour's gate and erect my own gate across the road blocking all access to it and then see what happens. I could do this, but I want to be legally sound in any action I take before I go angering the neighbours!

I've attached two files. One is the title plan, the other is from the TP1 when the land was transferred out of the larger plot which had previously been fully owned by the Ministry of Defence and divided up into single dwellings by the developers.

Thank you.



This thread contains all the background, history and context of your situation, it also had photos and plans - no need to go searching elsewhere.

This post contains at least two mentions of kerbs - no need to go searching elsewhere.

The title of this thread is somewhat confusing, if you throw a mustard seed over the boundary, the law considers it a trespass. There is only one boundary between two adjoining, when talking of a 'general Boundary', it usually means something derived from paper.
Wow, you really are a nasty troll. I come on to a public forum to ask for some advice, sure I don't know all the correct terms given like most people I've no idea about this stuff. My other question was after further clarification, which I'm entitled to do. I keep hoping to get advice from one of the knowledgeable members but all I get are the second raters commenting, the ones who clearly know some stuff but no where near as much as they think. Get stuffed.
arborlad
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Re: Crossing a general boundary = trespass?

Post by arborlad »

arborlad wrote: Mon May 25, 2020 1:33 pm There is only one boundary between two adjoining lands,
arborlad

smile...it confuses people
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