Boundary solicitor required

Boundary solicitor required

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Discussion

Rangeroverover

1,523 posts

111 months

Thursday 26th May 2016
quotequote all
DON'T DO IT: Every solicitor reading this will be salivating at the prospect of a neighbour dispute, in almost every case the punters enter into the excercise on the basis of "I will only spend a few grand on this" they then get to the point where having spent money it sort of makes sense to continue..."just to the next stage", before you know it you are at a point where if you withdraw you could be open to other sides costs........so now it's a matter of principle......£££££££££££££ down the drain.

LIVE WITH IT

berlintaxi

8,535 posts

173 months

Thursday 26th May 2016
quotequote all
rfisher said:
Update - I may need to prepare to go up a notch with this.
Local solicitors start rubbing hands with glee and perusing Ferrari brochures.

It is not worth it over a tiny piece of land or a principle, no winners except the solicitors.

herewego

8,814 posts

213 months

Thursday 26th May 2016
quotequote all
berlintaxi said:
rfisher said:
Update - I may need to prepare to go up a notch with this.
Local solicitors start rubbing hands with glee and perusing Ferrari brochures.

It is not worth it over a tiny piece of land or a principle, no winners except the solicitors.
The person stealing the land also wins.

Johnniem

2,672 posts

223 months

Thursday 26th May 2016
quotequote all
Solicitors do not deal with the boundary dispute except when it is being formalised (by way of a supplementary deed or rectification deed for the land regisrty) after an agreement has been reached, or the Judge has confirmed what the situation should be.

Building Surveyors deal with boundary disputes and if you go to www.rics.org.uk and the 'find me a surveyor' section then you'll land yourself a local building surveyor who may well be able to help and could bring the common sense approach without legal fees. His fees may be smaller than those of a solicitor but I could not confirm this as it will depend very much on whom you choose. Pick up the phone and chat it through with the surveyor before you instruct him/her.

JM

JQ

5,743 posts

179 months

Thursday 26th May 2016
quotequote all
rfisher said:
Thanks.

I'm aware of the difficulties and expense, however the issue of determining precisely where the boundary lies is supremely simple and I feel it is therefore worth pursuing.

One appropriately severe solicitor's letter should suffice.
I can guarantee that's exactly what Mr Heaney said at the start :

http://www.dailymail.co.uk/news/article-3609781/Pe...

berlintaxi

8,535 posts

173 months

Thursday 26th May 2016
quotequote all
herewego said:
berlintaxi said:
rfisher said:
Update - I may need to prepare to go up a notch with this.
Local solicitors start rubbing hands with glee and perusing Ferrari brochures.

It is not worth it over a tiny piece of land or a principle, no winners except the solicitors.
The person stealing the land also wins.
I doubt sitting through years and years of legal stress not knowing whether you may end up with a huge legal bill can be viewed as a victory.

herewego

8,814 posts

213 months

Thursday 26th May 2016
quotequote all
berlintaxi said:
herewego said:
berlintaxi said:
rfisher said:
Update - I may need to prepare to go up a notch with this.
Local solicitors start rubbing hands with glee and perusing Ferrari brochures.

It is not worth it over a tiny piece of land or a principle, no winners except the solicitors.
The person stealing the land also wins.
I doubt sitting through years and years of legal stress not knowing whether you may end up with a huge legal bill can be viewed as a victory.
Although the consensus here seems to be not to argue so the stealer gets the land with neither stress nor cash.

Edited by herewego on Thursday 26th May 18:48

Vaud

50,482 posts

155 months

Thursday 26th May 2016
quotequote all
herewego said:
Although the consus here seems to be not to argue so the stealer gets the land with neither stress nor cash.
But without detail we can't even guide.

It could be down to a dispute covering the thickness of the line on the plans. Or 100sq meters.

OP, we need a little more info.

surveyor

17,819 posts

184 months

Thursday 26th May 2016
quotequote all
[quote=Johnniem]Solicitors do not deal with the boundary dispute except when it is being formalised (by way of a supplementary deed or rectification deed for the land regisrty) after an agreement has been reached, or the Judge has confirmed what the situation should be.

Building Surveyors deal with boundary disputes and if you go to www.rics.org.uk and the 'find me a surveyor' section then you'll land yourself a local building surveyor who may well be able to help and could bring the common sense approach without legal fees. His fees may be smaller than those of a solicitor but I could not confirm this as it will depend very much on whom you choose. Pick up the phone and chat it through with the surveyor before you instruct him/her.

JM[/quote

Personally I'd suggest a land surveyor over a building surveyor....

Mr GrimNasty

8,172 posts

170 months

Thursday 26th May 2016
quotequote all
Not quite the typical situation, but more fools.

http://www.dailymail.co.uk/news/article-3609781/Pe...

I can understand someone getting into a dispute as I did, to defend a present day grab/trespass, but why on earth worry about a long standing situation.

So often people have quite happily bought a property 'as is', they are quite happy with the boundaries they bought, then one day they look at a map and think there is an error that they can 'correct'..............

fuzzyyo

371 posts

161 months

Thursday 26th May 2016
quotequote all
Its a land surveyor you need. If you can get a survey done and then overlay your land registry plan onto it you should be able to sort this out yourself in court if the differences between the two are large. If you're talking the case of 6inches here or there you may have a harder time of it and may need solicitor help; and if its this case you should ask yourself is it worth it as it will cost a fortune.

Edited by fuzzyyo on Thursday 26th May 20:38

Roo

11,503 posts

207 months

Thursday 26th May 2016
quotequote all
Vaud said:
But without detail we can't even guide.
Which the OP won't provide.

EW109

293 posts

140 months

Friday 27th May 2016
quotequote all
fuzzyyo said:
Its a land surveyor you need. If you can get a survey done and then overlay your land registry plan onto it you should be able to sort this out yourself in court if the differences between the two are large. If you're talking the case of 6inches here or there you may have a harder time of it and may need solicitor help; and if its this case you should ask yourself is it worth it as it will cost a fortune.
This is dangerously ill-informed pish.

The boundary on the Land Registry plan is only what is called a "general boundary". The exact line of the boundary will be left undetermined by the plan – as, for instance, whether it includes a hedge or wall and ditch, or runs along the centre of a wall or fence, or its inner or outer fence, or how far it runs within or beyond it; or whether or not the land registered includes the whole or any proportion of any adjoining road or stream.

Borghetto

3,274 posts

183 months

Saturday 28th May 2016
quotequote all
I had "Right To Light" dispute with my next door neighbour. It stemmed from a plan I had to put a fence alongside my neighbours property. They could have approached me for a friendly chat, but instead they had their solicitor send me a very rude letter. This dispute then went to them wanting to register their "right" which I had no objection to, but asked them to provide a drawing showing which windows would have this right. By now the gloves were off with my neighbour having their solicitors writing me weekly letters telling me I had no right to such a drawing and other issues they were now complaining about. All the time this whole process was working its way slowly through the Land Registry, which had stalled due to my objection to them providing no plan. Eventually I received a letter from the other side informing me that if I wanted a plan I should draw one up. I agreed to this, but they would not allow me onto their property. I suggested they had a surveyor or similar professional draw up a plan at their cost. After their refusal to this idea and before the Land Registry passed it to an arbitrator, they agreed. I think I'd received some 2 dozen letters from their solicitor; add on their solicitors letters to the Registry and their surveyors costs, I estimate they spent several thousand pounds. My own cost amounted to letters I wrote (politely) in response to their letters and to the Registry. So OP if a simple dispute like mine could cost this much without going to court, heaven knows what yours might come too.

rfisher

Original Poster:

5,024 posts

283 months

Sunday 29th May 2016
quotequote all
Anyone know when a boundary discussion with a neighbour becomes a dispute that legally has to be declared when you sell the property?

How could someone check that the dispute had been declared (or not) during the sale?

How long does one have to go back in time before such disputes no longer need to be declared.

Knowledge is power my friends.

Vaud

50,482 posts

155 months

Sunday 29th May 2016
quotequote all
rfisher said:
Knowledge is power my friends.
Well seeing as you have all of the knowledge about the situation and you weren't share any of it...

... sorry for the sarcasm, but you have asked for help and then go silent on any detail...

rfisher

Original Poster:

5,024 posts

283 months

Sunday 29th May 2016
quotequote all
Vaud said:
rfisher said:
Knowledge is power my friends.
Well seeing as you have all of the knowledge about the situation and you weren't share any of it...

... sorry for the sarcasm, but you have asked for help and then go silent on any detail...
Patience my friend.

Can't go spilling the beans here before the situation has been resolved.

May be today, may be tomorrow, who knows?


blueg33

35,894 posts

224 months

Sunday 29th May 2016
quotequote all
Op you need a firm that has a good real estate department and a good litigation department. I use DAC Beachcroft London office or Squire Patten Boggs Manchester office for such matters, but this stuff doesn't come cheap if you want anything more than a solicitors letter

f1rob

317 posts

176 months

Sunday 29th May 2016
quotequote all
Just a cautionary warning if your going by what your deeds say you "should" have
Through the latter part of the 60,s an most of the 70,s my father was a self employed fencing contractor working on mainly new build's
This was pre lasers/gps
He would have a plan for the site but many people never had what the plans/deeds said they did
He would be relying on how good the original site plan was,how accurate the roads were put in compared to the site plan an how accurately the house's were positioned to the roads !
My dads job was essentially the last piece of the puzzle and he had to work with what he had.
Had one guy complain he was missing 10" of land form his plot,my father pointed out if he had done the guys plot to the plans his boundry fence would be inside his neighbours lounge !

Vaud

50,482 posts

155 months

Sunday 29th May 2016
quotequote all
rfisher said:
Patience my friend.

Can't go spilling the beans here before the situation has been resolved.

May be today, may be tomorrow, who knows?
So this is just a commentary? You don't actually want any advice?