deeds advice needed please?

[leopard lady]

Hi don't know if anyone can advise me, and there are other related issues, but my first question is - basically to cut a long story short -

there is in existance an old deed with a boundary measurement in yards on belonging to B.
There is also a newer deed which has a land area on it in sq yds belonging to A.

A surveyor is saying that because deed belonging to B has a measurement on and is older that the newer deed belonging to A means nothing.

Is this legally correct please?

[Angry Cat]

Re: deeds advice needed please?

Hi don't know if anyone can advise me, and there are other related issues, but my first question is - basically to cut a long story short -

there is in existance an old deed with a boundary measurement in yards on belonging to B.
There is also a newer deed which has a land area on it in sq yds belonging to A.

A surveyor is saying that because deed belonging to B has a measurement on and is older that the newer deed belonging to A means nothing.

Is this legally correct please?

http://www.boundary-problems.co.uk/b...stigating.html


http://landregistryservice.co.uk/ind...list&country=1

[Angry Cat]

Re: deeds advice needed please?

The following link, may also be of benefit:
http://en.wikipedia.org/wiki/Easement

[leopard lady]

Re: deeds advice needed please?

Thank you for your help. I have just read all the suggested links, and I am now a little confused re: easement and adverse. I have attached a rough plan to show the layout.

To elaborate, my property is on a corner plot of land. the original semi sold the bottom of their garden to the developers of my property, so the bottom of their garden runs adjacent to the back of my property. They have very high conifers across their boundary. the land is higher than mine and was held up by a dry brick wall which the (non resident)owner says her father built over 40 yrs ago. When I bought my property 10 yrs ago there were rotten fence panels tied to aforementioned conifers with old tights and electric cable (still there). Over the years the fence disintegrated and we disposed of the debris. Because of this owner (neighbours offspring) told me I had to replace it. This was not possible because every fencer refused because of height of trees and danger to them, so a small wall was built on top of the dry brick wall (leaving evidence of original 40 yr old wall) to retain soil. Since then all hell has broken loose and I have been subject to various acts of harassment. The measurement in question is less than 12".

They have an old deed from before my property was built with a written measurement of 100ft. My deeds have an overall sq ydage, but a surveyor has calculated for me a length of 29.75 m, ie 97ft 7.25". The land is question is of little use to the owner as it is behind the trees, and in actual measurement is probably around 6-9" out from the 100ft on their plan. But they are insisting the wall be moved 6".

I have had a letter from a surveyor saying her deeds take precedece because
a) they have a written figure on them and
b) they are older so the new plan cannot deprive original owner.

[WendyB]

Re: deeds advice needed please?

If the new wall is built "on top" of the old wall, how can this be affecting their boundary, as the old wall had been there for 40 years, so was surely their accepted boundary in the first place?? If the new wall is built on top of the old one, surely the boundary is still in the same place as it was in the first place, but marked by a newer wall on top of the old dry wall?
Also, as they sold the land to your developer in the first place, they would have agreed how much land they were selling and where the boundary should be? Surely this would actually take precedence over the old boundary, as it was them who decided to sell their garden, one would think they would know what still belonged to them and what didn't.

[leopard lady]

Re: deeds advice needed please?

Thank you, yes, thats right. The boundary does not affect their land at all anyway, as the row of very high conifers is too dense for them to go beyond and forms a physical boundary. They appear to have sold the land prior to the land being bought by the developers who built my property in 1954. There is no date on her plans but the owner of the land our property is built on is named, and the plot is already L shaped. Tbh I had made the assumption that the land was sold at some point as every other garden on her road is the full length of our land except for hers, so I thought originally it would have been the same, but I may be wrong. However my property was built 57 years ago, my plan dated february 1954, and she says her father built the wall 40 years ago. There is also a concern, as the side boundaries on her plan differ from those on mine, and this would also affect the other 2 properties bordering her land. This has not been mentioned yet. Also the scale states 41.66 feet to an inch. Was it common to use decimals on old plans? If it is indeed a decimal their plan is very much not to scale.

This person does not live there but she and her sibling own the property which her parents lived in. It has been empty for over a year now. To be honest she is not the most rational person, has got a bee in her bonnet and is going to persue this to the bitter end. Moving the wall is not an issue for me just an inconvenience as my brother is a builder, but the way she has treated and spoken to me, and the tone of her surveyors correspondence (I know she is working for her client) now stating that her clients plans supercede mine and she will come and measure 100ft on site and I will reposition the wall where she says. I'm thinking, hang on, I'm not letting you walk all over me.

Hence me posting here as I had heard of the fact that if a physical boundary had been there a certain length of time, it was deemed to be the actual boundary, and also I have been told that courts will not entertain a boundary dispute if it is less than a certain amount. However, not being an expert in surveying or land law, I do not know if this is correct. I also don't know how I would put this forward to the opposing surveyor.

[pallaz1851]

Re: deeds advice needed please?

Hi,
I would certainly go to your local Land registry office, they will be able to pull up the sale of the land originally from her relative, it should also give details of to whom and then onto the developer who built your property, it may also give information as to the boundaries....at least you will be discussing the problem from the 'official' point of view...if it is adverse to you, then at least you wil know the true fact before entering into a discussion with her/surveyor.....then go from there.....if the builder is still in business (even with a relative) enquire if they hold the originals from the purchase of the land....this may be closed door but at least one that you have explored...

Good luck

[leopard lady]

Re: deeds advice needed please?

From looking at an old map on the internet I think I was mistaken to assume that their garden was originally longer as it shows my plot of land as being L shaped still. However the fact that her father built the wall 40 years ago and that we are talking about around 9" are the same.

[pallaz1851]

Re: deeds advice needed please?

"Hence me posting here as I had heard of the fact that if a physical boundary had been there a certain length of time, it was deemed to be the actual boundary, and also I have been told that courts will not entertain a boundary dispute if it is less than a certain amount".

I do know from my own experience with a boundary problem that the Law on 'Adverse possession' has been rescinded, your ownership now has to be proven..one way or the other....as I said go off to the Land Registry and find out where they stand on it first.