Boundary Dispute

[Paule]

Ok, after rummaging through old documents relating to my house and the grounds, I noticed that is appears that one of the houses that backs on to us have pinched some of our garden, approx 20ft x 3ft.
Looking at the boundary plans and OS maps it appears so.

Has anyone any experience of this?
I am looking at this site at the moment http://www.rics.org/Property/Propert...y_disputes.htm

If not then lets see what happens.
I will post a bit more detail when i get home

PKea

[Amethyst]

Re: Boundary Dispute

Check with the land registry/planning offer see if part of your garden was at any time sold by the previous owners to the neighbour. Though for a 3ft width I doubt it.

A word with your neighbour would be your first move - showing him measurements etc. If no joy from simple communication then you may need a survey to confirm measurements formally, then you can look at formal action.

[Paule]

Re: Boundary Dispute

Well its tape measure time tonight to check against the land registry dimensions.

On the plus side (well I think it is) The neighbour is moving and may not want to dispute the boundary, or continue a dispute on a property which he is moving from.

I've a lot to learn and research, and hopefully it may help others or at least let then know what not to do..lol
I will try and do as much as I can myself, and hopefully it wont go too far.
I can also use the Legal cover on my houslehold Insurance if I need a solicitor

As this also affects my next door neighbour, do you think it may be worthwhile trying to do a joint case against them??

[Celestine]

Re: Boundary Dispute

This is a very common problem. Unfortunately boundary plans and OS maps often have quite a large margin of error.
If this boundary has been 'altered' 12 years or more ago then there may be difficulties in reclaiming it.
Definitely it will be cheaper to work with the other neighbour to sort out the issue.
is the fence line noticeably different from other neighbours?
How long have you been at the property?

[michael]

Re: Boundary Dispute

This forum may be useful:
http://www.gardenlaw.co.uk/phpBB2/index.php

[Paule]

Re: Boundary Dispute

This is a very common problem. Unfortunately boundary plans and OS maps often have quite a large margin of error.
If this boundary has been 'altered' 12 years or more ago then there may be difficulties in reclaiming it.
Definitely it will be cheaper to work with the other neighbour to sort out the issue.
is the fence line noticeably different from other neighbours?
How long have you been at the property?

We have been in the house 5 years now.
We intend to write to the neighbour as he isnt there all the time so may be awkward trying to get hold of him in person.

I will try and do a sketch and put some pics up to show, but basically the bottom of my garden backs onto 2no gardens.
All the fences run in a line until you get to the 2nd garden which then dog legs into ours by about 3ft then carries on.


It will be clearer when i scan plans and post pics

PKea

[stevokenevo]

Re: Boundary Dispute

You are doing the write thing by sending your neighbour a letter ;-). I always believe they should be given a chance to resolve the matter in a 'neighbourly' way.

There is a 50/50 chance of which way the negotiation will go. only after the negotiation, and assuming it doesn't go the way you want, would i consider using 'outside' arbitration.

[velvet]

Re: Boundary Dispute

if you really want that piece of garden back you should show them the documents that highlight your rightful boundaries and say that technically you are entitled to it!
i would recommend landsearch net for getting those documents and any others you might need - they are particularly helpful with boundary disputes as i've found out in the past

[Paule]

Re: Boundary Dispute

Official Land registry Site

http://www.landregisteronline.gov.uk...hType=advanced

To view the main Land Registry site please visit
www.landregistry.gov.uk/. Land Registry Direct is a separate service for business account holders. It assists property transactions by enabling services to be provided electronically. For more information please visit www.landregistrydirect.gov.uk/.
Overview
Land Registry is a Government Department and has been established as an Executive Agency and Trading Fund responsible to the Secretary of State for Constitutional Affairs and the Lord Chancellor that keeps and maintains the Land Register of England and Wales. On behalf of the Crown, Land Registry guarantees title to registered estates and interests in land. Established in 1862, it is required by statute to be self-financing and makes no call on public funds.
The Land Registry has 24 regional offices in England and Wales, each providing land registration services for different counties and unitary authorities.

What are the fees?
A title register costs £3, a title plan costs £3.

[Amethyst]

Re: Boundary Dispute

http://www.landregistry.gov.uk/ is the best place to get documents regarding any boundary dispute, or your council.

[Amethyst]

Re: Boundary Dispute

lol see

[Mochamoo]

Re: Boundary Dispute

Any response PKea? I'm about to go through it as well, our neighbour appears to have pinched 3mx4m for his greenhouse which gives us a really odd shaped garage. We are about to rebuild the garage and would quite like that space back so we can actually get a car in the garage!

[Paule]

Re: Boundary Dispute

I didnt carry on with it Mocha, had other things to sort first

[Amethyst]

Re: Boundary Dispute

like kitchens