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Undefined boundary

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  • Undefined boundary

    Good morning everyone. I need an advise about a case which makes me worry a lot. We bought a house three years ago and we have a shared drive. The adjoining property is a council property, and St Leger homes are the association who is responsible. On the title plan the all the boundaries are marked as they should but the one on the shared drive is written as undefined boundary. Now I would like to erect a fence between the properties and I kindly asked St Leger's association for a permission and they rejected, saying they can not give permission because this is undefined boundary. On the plan we can clearly see where the lines goes and that the drive is shared on equal parts. I have contacted Land registry and they said to look for a legal advice which brought me to you. Can you please advise me about the procedure and the steps needed to be taken to solve this problem? Can we change the undefined boundary at all? And can I do this without the adjoining property's permission? Because obviously they do not want to cooperate. I want to thank you all in advance. Have a lovely day everybody.
    Last edited by Vessys; 30th October 2024, 09:54:AM.
    Tags: None

  • #2
    Can you please start by posting your Land Registry title document and title plan, but redacting all identifying detail.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Can you please start by posting your Land Registry title document and title plan, but redacting all identifying detail.
      Thank you. There you go.

      Comment


      • #4
        Those are not the Land Registry title documents, but thank you. Have you seen that there is a right of way over the land coloured brown?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          Those are not the Land Registry title documents, but thank you. Have you seen that there is a right of way over the land coloured brown?
          Sorry. Are these the right ones? no I don't see any brown on
          Attached Files

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          • #6
            Look at the plan and the documents you previously posted but have chosen to remove!
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Originally posted by atticus View Post
              Look at the plan and the documents you previously posted but have chosen to remove!
              I see red line surrounding my property and it looks like brown area in. It looked like red to me.What is that mean.
              Attached Files

              Comment


              • #8
                Read the transfer document that you previously posted. It looks like the council retained a right of way, which has now passed to the housing association.

                If you were given a report on title by your solicitor when you purchased your property, find it and read it.

                I think you need to take all your documents to a solicitor who will be able to explain and advise.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  thank you so much for your help. Is it possible this right of way to be removed at all? or is mission impossible.

                  Comment


                  • #10
                    Mission:Impossible - unless you can agree a price to buy it out.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      Thank you for your time. Now at least I know in what position am I. Thank you.

                      Comment

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