Possible Boundary Dispute

Possible Boundary Dispute

Postby onthetiles » Tue Mar 08, 2005 3:13 pm

My neighbour has constructed a wall along the bottom edge of my garden.

I live in a semi and they are the other side and as the neighbours is a corner site, the access to their driveway runs along the bottom of my garden.

Anyway the wall has been built on top of the concrete edgers which edge along my garden. In fact the other side is the same in that it has been built on to the neighbours oppostie edgers.

It is proving difficult with Land Registry as there appears to be a problem with the map.

I had assumed that as they edge my garden this area belongs to me.

The wall has been reported to planning who say it is not permitted, but is being appealed/applied for retrospectively as their deds don't mention is not allowed ...but thats another story.

Does anyone know who the edgers belong to /are they shared or maybe owned by roads.

Last edited by onthetiles on Wed Mar 09, 2005 8:46 am, edited 1 time in total.
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Postby Cytania » Tue Mar 08, 2005 4:38 pm

You need to find out what these edgers were originally intended to do. They are by no means standard on building plots. If however it is clear the edgers denote boundaries (take photos of similar edgers on your developement) then it looks like you have a case but boundary disputes are expensive, toothless and long-winded.

Make sure you've made it clear to the planning permission case that the wall is not wholly on the owners land as this should weigh heavily against them. Multimillion pound blocks of flats have been demolished and rebuilt because they were just six feet off. So keep a finger on the local authority's pulse.
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Postby gardenlaw » Fri Mar 11, 2005 7:15 pm

I do not think it is for the local authority to concern themselves with the land ownership question. They simply consider planning applications and cannot comment on ownership disputes. Having said that councillors are ordinary people so may well get involved.
The Land Registry Rules specifically state that their plans cannot be relied on to do more than give a general idea of where the property is.
You must ask yourself how much you are prepared to throw after this before going further.
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