Boundary

Cosmos2000
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Joined: Thu Mar 31, 2022 8:26 am

Boundary

Post by Cosmos2000 »

Hi

I am in a boundary dispute the neighbour is trying to claim 1/2 meter and full length of our garden, side access and claiming the front driveway retaining wall.

Solicitors are also involved. Initially they have been sending threatening letters to claim compensation of their neglected fence, trespass, distress etc. They also trying to claim access to the side of our House between the two houses, there has never been a right go access. We left a gap when our extension was built in 1991 to keep the area clean, this area is about 3 feed lower than the neighbours garden.

They had a surveyors report that makes no sense and refers to what the opponents are saying and claiming with no evidence.

Our CPR survey report highlights what the original boundary is from very old metal stumps and wire fence that has been in place long before we moved in over 33 years ago.
image0 (1).jpeg
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Inaddition they are claiming the front driveway retaining dwarf wall which we believe is on our land but nothing in the deeds, our garage canopy is supported by 3-4 inches on the wall brick back in 1992.

The neighbours front and rear gardens are on a higher ground approx 3 foot higher, they did erect a wooden garden fence on their own land about 8 years ago would this not indicate they gave up the original boundary where the metal posts and wire fence is located.

They have lived next-door for about 13 years, we have been here for over 30+ years and managed to find some old photos and videos, we also have witness statements from the previous neighbours on the boundary they lived there for about 8 years.

Our solicitor has said a single joint surveyors report would be final and superseed anything, I am conscious what if the joint surveyor report is not accurate and causes us a demise. It seems the neighbour are doing everything in their power for our land, compensation claims etc.


Appreciate your support.
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Collaborate
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Re: Boundary

Post by Collaborate »

I think you really need to take tha advice of your solicitior. When it comes to identifying where, on the ground, a boundary lies the surbveyor is the right professional to be dealing with this. Joint instruction means that the surveyor is not beholden to either party and must give a fair and balanced opinion.
Paddock
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Re: Boundary

Post by Paddock »

imho you should beware of paying your solicitor to write lots of letters to their solicitor. You may find yourself in a bottomless pit of expense for no actual reason.

Tell them to take their boundary dispute case to the land registry and you will respond when the LR formally contact you. Bet they never do ...

All that stuff about trespass and distress is just bluster (imho). Especially, as you say, they put up the fence themselves 8 years ago. They voluntarily gave up the gap if any.

Paddock
Cosmos2000
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Re: Boundary

Post by Cosmos2000 »

The neighbours also are claiming that the dwarf wall belongs to them. They have taken 15+ photos of my dad doing shoe laces on this wall and instructed us to stay off the wall with claims for trespass for doing shoe laces- my dad is almost 70 previously had no issues in last 30 years of living here.

There is no ownership of the wall in deeds only to keep it maintained.

It seems the dwarf wall is built on my land and can only be built from my drive with full face of bricks our side about 2-3 below their drive. See photos.

Any thoughts on how a joint surveyor will assess this, our garage canopy is also supported on this wall.

We have witness statements from previous neighbours stating that we have looked after the boundary, also have old family photos and VHS footage.
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Josephineyyy
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Re: Boundary

Post by Josephineyyy »

I’ve access to historical satellite imagery, if you should think it may be useful to you.
Cosmos2000
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Re: Boundary

Post by Cosmos2000 »

Josephineyyy wrote: Fri Apr 01, 2022 7:51 am I’ve access to historical satellite imagery, if you should think it may be useful to you.
Hi, Yes that would be useful what information do you need.

Appreciate your support.
Josephineyyy
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Re: Boundary

Post by Josephineyyy »

Cosmos2000 wrote: Fri Apr 01, 2022 1:50 pm
Josephineyyy wrote: Fri Apr 01, 2022 7:51 am I’ve access to historical satellite imagery, if you should think it may be useful to you.
Hi, Yes that would be useful what information do you need.

Appreciate your support.
Pleasure :D

Pm me your address the boundary of interest (N/S/E/W) and an email to send the results to.
CherryBlack
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Re: Boundary

Post by CherryBlack »

Hi Cosmos.

This stuck out: "There is no ownership of the wall in deeds only to keep it maintained." What - exactly - does it say in your deeds about 'maintaining' that wall? If the onus is on you, then almost certainly that is 'your' wall, or is at least 'shared' (ie straddling the boundary) but almost certainly not theirs. The fact that this wall part-straddles your garage wall would possibly suggest it's a shared wall, but - again - they do not have exclusive boot-tying rights over it. The fact that a supporting post for your canopy comes up from this wall does ditto.

Record all this - note down every incident, dated and timed, and what was done and said. This sort of unreasonable behaviour will not stand them well should this case go further (which it likely won't).

I'd second Paddock's comment about not getting into tit-for-tat solicitors letters. From what you say, you have loads of pretty convincing evidence of the acknowledged (by previous owners and neighbours) location of the garden boundary, and that is where the metal posts are positioned (and their fence would agree with that).

I personally wouldn't agree to a shared independent surveyor, certainly not at this stage. YOU are pretty certain of the true boundaries, so why should YOU £ork out in any way?

They can 'claim' all they want, but ultimately they need to PROVE their claim. I'd restrict comms now to verbal "Don't be silly!" And if your deeds state that you need to maintain that front wall, then please ask your dad to keep tying his shoe laces on it (ideally makiing sure his shoe tip doesn;t go over the garage line!). When they next take a photo, ask them to desist as you are on your private land, and for them to fail to do so is very likely a breach of privacy laws and very likely to be construed as harassment ("Harassment is unwanted behaviour which you find offensive or which makes you feel intimidated or humiliated") and you WILL report them to the police. If they take a photo, demand a copy and ALSO report this to the local police. When the bobby comes out, show them your deeds indicating that the wall is your responsibility, introduce them to your dad (who is hopefully a bit upset by all this...), and the bobby will almost certainly - and I'd hope quite firmly - tell your neighbour to C&D.

Your neighb will now know you are not to be messed with, and that they need to get their ducks not only lined up properly, but for them to be factual ducks. (I'm trying to think of a word that combines factual and ducks, but have failed.)
Cosmos2000
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Re: Boundary

Post by Cosmos2000 »

Hi

We really appreciate the support. I have attached 2 parts of the land register that mentions the dwarf wall and it’s maintenance. It would be good to get some clarity on this if possible. I may have an update copy but I guess this would be the same on neighbours register.
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Josephineyyy
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Re: Boundary

Post by Josephineyyy »

Josephineyyy wrote: Fri Apr 01, 2022 2:13 pm
Cosmos2000 wrote: Fri Apr 01, 2022 1:50 pm
Josephineyyy wrote: Fri Apr 01, 2022 7:51 am I’ve access to historical satellite imagery, if you should think it may be useful to you.
Hi, Yes that would be useful what information do you need.

Appreciate your support.
Pleasure :D

Pm me your address the boundary of interest (N/S/E/W) and an email to send the results to.
Images sent.
Collaborate
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Re: Boundary

Post by Collaborate »

As far as I can tell the deeds suggest that any boundary walls exisiting at the time of the deed in 1938 are party walls. There was a restrictive covenant not to build anything beyond the building line other than a low wall but that doesn't tell you who built your retaining wall.

In the absence of evidence to the contrary I would say that the retaining wall is a party wall.
MacadamB53
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Re: Boundary

Post by MacadamB53 »

Collaborate wrote: Mon Apr 04, 2022 6:32 pm As far as I can tell the deeds suggest that any boundary walls exisiting at the time of the deed in 1938 are party walls. There was a restrictive covenant not to build anything beyond the building line other than a low wall but that doesn't tell you who built your retaining wall.

In the absence of evidence to the contrary I would say that the retaining wall is a party wall.
+1
Cosmos2000
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Re: Boundary

Post by Cosmos2000 »

Hi

Managed to obtain the Land Registry results for our house No 47 and also theirs next door No 49.

Not sure if anything sticks out for the front drive dwarf wall as to ownership / maintenance. Also unsure about neighbours No 49 land registry colours they are fearing to blue and pink lines.
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Collaborate
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Re: Boundary

Post by Collaborate »

It doesn't help you because the builder seems to have (as is common) inserted the same restrictive covenants in the conveyances of both properties.
Cosmos2000
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Joined: Thu Mar 31, 2022 8:26 am

Re: Boundary

Post by Cosmos2000 »

Hi

Our solicitor has come back stating we have a duty under the civil procedure rules to try and resolve the matter.

Our solicitor has proposed if we don't want to involve a joint surveyor for us to consider both our and neighbours Surveyors exchange details and review their findings and how they have come to their conclusions.

I feel the neighbours will decline this option as his surveyor was on a payday with no facts or evidence and often referred in his report 'the claimant has stated the boundary has been moved', claimant claims there is trespass, etc.
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