Any Property Boundary Expert On Here?
Discussion
Al U said:
This is another thing that I had not considered, would it just be a case of phoning them up and saying I am putting a fence adjacent to your land up soon?
Contact the Council rather than the tenants, since the council are the owners of the neighbouring property. Once you raise the boundary dispute with the council, you'll need to be prepared to back up your claim that the boundary line is where you say it is. You'll most likely need copies of your property deeds and title plan, and details of the report on title that your conveyancing solicitor would have prepared when you were buying the property.
You might also want to obtain a copy of the title plan / deeds to the neighbouring property, at least to see what they say about the particular boundary in dispute.
As other have already said you might want to make certain that the fencing to the rear garden is actually in the correct location before you embark on raising the boundary issue, as you might end up losing part of your garden if it turns out that the rear fence is in the wrong place.
It's not a dispute yet. It's simply a case of needing to establish it.
The council / Housing Association will take ages to deal with it. Far quicker to deal with the people who will be knowing on your door with hammers if they don't like it now.
If they kick a stink then ask the council for support and see if it turns into a dispute...
The council / Housing Association will take ages to deal with it. Far quicker to deal with the people who will be knowing on your door with hammers if they don't like it now.
If they kick a stink then ask the council for support and see if it turns into a dispute...
Mandat said:
Contact the Council rather than the tenants, since the council are the owners of the neighbouring property.
Once you raise the boundary dispute with the council, you'll need to be prepared to back up your claim that the boundary line is where you say it is. You'll most likely need copies of your property deeds and title plan, and details of the report on title that your conveyancing solicitor would have prepared when you were buying the property.
You might also want to obtain a copy of the title plan / deeds to the neighbouring property, at least to see what they say about the particular boundary in dispute.
As other have already said you might want to make certain that the fencing to the rear garden is actually in the correct location before you embark on raising the boundary issue, as you might end up losing part of your garden if it turns out that the rear fence is in the wrong place.
Backing up my claim that the boundary line is where I say it is may be pretty hard when everything on the land registry website basically says that they cannot accurately say where a boundary is and it's usually a physical feature but sometimes not and is better agreed between neighbours!Once you raise the boundary dispute with the council, you'll need to be prepared to back up your claim that the boundary line is where you say it is. You'll most likely need copies of your property deeds and title plan, and details of the report on title that your conveyancing solicitor would have prepared when you were buying the property.
You might also want to obtain a copy of the title plan / deeds to the neighbouring property, at least to see what they say about the particular boundary in dispute.
As other have already said you might want to make certain that the fencing to the rear garden is actually in the correct location before you embark on raising the boundary issue, as you might end up losing part of your garden if it turns out that the rear fence is in the wrong place.
My title plan shows the boundary of the neighbouring property, you can see it in the image so I don't think there is much point getting that to just realise that the lines we are seeing have become bold and red, no?
About making certain, the only certainty I have is that the fences I have shown pictures of are lined up exactly with the concrete posted wire fences in the back garden that every house in my terrace row has. They are the only common boundary feature on all of the houses.
surveyor said:
It's not a dispute yet. It's simply a case of needing to establish it.
The council / Housing Association will take ages to deal with it. Far quicker to deal with the people who will be knowing on your door with hammers if they don't like it now.
If they kick a stink then ask the council for support and see if it turns into a dispute...
I think this is a good idea. I think I'll go round there and say that I'm not sure if you are aware but some of the land to the side of the house is actually within our boundary and we are planning to put a hedge/fence up soon. If they get arsey then as you mention I'll just get onto the council and take it from there.The council / Housing Association will take ages to deal with it. Far quicker to deal with the people who will be knowing on your door with hammers if they don't like it now.
If they kick a stink then ask the council for support and see if it turns into a dispute...
The ideal scenario would be them saying that's fine go ahead and then the only further problems would come from the council challenging me on the fence/boundary.
Al U said:
I don't want it to be honest, just what is rightfully mine in the first place.
The earlier comment from 'surveyor' is good advice here, it does look like the intended boundary runs straight along the line of your rear garden fence. However, do be very careful using statements like 'just what is rightfully mine' when it comes to boundaries. What you are looking for is an opinion on where the actual boundary is intended to be, if there is no physical feature the Land registry plans are just not sufficiently accurate to be used to stake definitive claim on what is rightfully yours.Many a well meaning person has spend fortunes trying to claim something that they think they have a right to. Be warned, and for the sake of your own sanity and wealth, please don't start a boundary dispute on the grounds of 'what is rightfully mine'!
You bought the house without caring how much grass you owned beyond the drive, the next buyer will do the same unless there is an on-going boundary dispute and then you'll have no end of trouble selling, and that will impact on the value of your home much more than 'owning' some grass that you're free to use at the moment.
One thought I had was to look at the google maps satellite image of your property and see if there is any correlation between the front or rear fence lines to your deeds, it might support your theory or it might show the rear fence line is incorrect (or it might not show anything!)
Post the image here.
The Surveyor said:
Al U said:
I don't want it to be honest, just what is rightfully mine in the first place.
The earlier comment from 'surveyor' is good advice here, it does look like the intended boundary runs straight along the line of your rear garden fence. However, do be very careful using statements like 'just what is rightfully mine' when it comes to boundaries. What you are looking for is an opinion on where the actual boundary is intended to be, if there is no physical feature the Land registry plans are just not sufficiently accurate to be used to stake definitive claim on what is rightfully yours.Many a well meaning person has spend fortunes trying to claim something that they think they have a right to. Be warned, and for the sake of your own sanity and wealth, please don't start a boundary dispute on the grounds of 'what is rightfully mine'!
You bought the house without caring how much grass you owned beyond the drive, the next buyer will do the same unless there is an on-going boundary dispute and then you'll have no end of trouble selling, and that will impact on the value of your home much more than 'owning' some grass that you're free to use at the moment.
I'll go and speak to the neighbours during the day tomorrow at some point.
jkh112 said:
One thought I had was to look at the google maps satellite image of your property and see if there is any correlation between the front or rear fence lines to your deeds, it might support your theory or it might show the rear fence line is incorrect (or it might not show anything!)
Post the image here.
The image even when fully zoomed in is too blurry to draw any conclusions from.Post the image here.
Al U said:
jkh112 said:
One thought I had was to look at the google maps satellite image of your property and see if there is any correlation between the front or rear fence lines to your deeds, it might support your theory or it might show the rear fence line is incorrect (or it might not show anything!)
Post the image here.
The image even when fully zoomed in is too blurry to draw any conclusions from.Post the image here.
I'd be inclined to leave well alone. Having a good relationship with your neighbors will pay you back a thousand times over compared to a piece of land 2ft x 25ft.
If you suddenly have a desperate need to use that piece of land, and at the moment of struggling to think of one, then that is the time to talk to the neighbors and council about it.
Or, if the neighbors move out, that would be another good time to clarify the boundary with the council.
If you suddenly have a desperate need to use that piece of land, and at the moment of struggling to think of one, then that is the time to talk to the neighbors and council about it.
Or, if the neighbors move out, that would be another good time to clarify the boundary with the council.
boyse7en said:
I'd be inclined to leave well alone. Having a good relationship with your neighbors will pay you back a thousand times over compared to a piece of land 2ft x 25ft.
If you suddenly have a desperate need to use that piece of land, and at the moment of struggling to think of one, then that is the time to talk to the neighbors and council about it.
Or, if the neighbors move out, that would be another good time to clarify the boundary with the council.
That's actually really bad advice. It is possible for the council to end up with title under certain circumstances. OP needs to establish what he owns, and if the neighbour has overstepped to politely deal with it. If you suddenly have a desperate need to use that piece of land, and at the moment of struggling to think of one, then that is the time to talk to the neighbors and council about it.
Or, if the neighbors move out, that would be another good time to clarify the boundary with the council.
The fact that it is council /HA owned will make it easier, as they will look at it black and white, and not we've cut the grass for the last 5 years so it's ours etc.
I suspect that there may be a covenant on the land which prevents the erection of fences to the front of the houses, which is relatively common. Some may have got round it by using hedges, others might have erected fences and not been challenged.
I am not sure what the real issue is, its not as though next door have fenced in the piece of land so they can't claim adverse possession of it. As it stands they might mow it, but it would look plainly ridiculous if one party mowed their part whilst the neighbour didn't, and if I was the OPs neighbour even if I knew that piece of land was his I'd mow it as it makes sense and is the neighbourly thing to do. For example when I mow the verge outside my house, I mow the verge outside the neighbours, not because I want it, but because I have the mower out, its petrol its easy to do. They have an electric mower so its more difficult for them.
It seems fairly clear from the plans where the boundary is, so I would just leave it until, if, it becomes important, which on the face of it is unlikely.
I am not sure what the real issue is, its not as though next door have fenced in the piece of land so they can't claim adverse possession of it. As it stands they might mow it, but it would look plainly ridiculous if one party mowed their part whilst the neighbour didn't, and if I was the OPs neighbour even if I knew that piece of land was his I'd mow it as it makes sense and is the neighbourly thing to do. For example when I mow the verge outside my house, I mow the verge outside the neighbours, not because I want it, but because I have the mower out, its petrol its easy to do. They have an electric mower so its more difficult for them.
It seems fairly clear from the plans where the boundary is, so I would just leave it until, if, it becomes important, which on the face of it is unlikely.
hornetrider said:
Well. I can see your point, in that there is not a straight line continuing from your rear garden fence, through the gate fence, and then down the length of the drive.
However. For the sake of a foot of width, it sounds like a massive can of worms. Plus, if you put a fence there, it will only make it more difficult to open your car door.
I'd leave it as is for a happy life
I am not a boundary expert nor am I a surveyor. However. For the sake of a foot of width, it sounds like a massive can of worms. Plus, if you put a fence there, it will only make it more difficult to open your car door.
I'd leave it as is for a happy life
I have also only read this far but can say you going to sstruggleto get a more sensible reply than this.
Well blow me!
now I've read the full thread to here most other than Donald Duck and the bloke who iinsurance companies love have be logical and added to the discussion. There is a common vein of thought here though.
I 100% would leave it for now. Make sure the land is kept cut and tidy.
Yes you ccould spend a few thousand to enforce your claim. That said a covenant not to fence might also be a barrier to your iintended barrier.
Now if the neighbours start to put a fence up to your drive, tthat's when you mention it politely and write to the council to invite their ssurveyors over and pucker up for a quick 'win' or a long, painful and expensive experience with your partner telling you they told you so.
Meantime the Council rehome tenants and move in some whose idea of garden furniture involves a broken tumble drye, various bits of bent metal, a shopping trolley, back seat of an old BMW or Ford and an oil drum for burning 'stuff'.
Meantime, just as you notice the electricity bill is somehow £1397.85 for June your partner finally tells you they are going to stay with their mum for a while.
I may have had a little to drink .
now I've read the full thread to here most other than Donald Duck and the bloke who iinsurance companies love have be logical and added to the discussion. There is a common vein of thought here though.
I 100% would leave it for now. Make sure the land is kept cut and tidy.
Yes you ccould spend a few thousand to enforce your claim. That said a covenant not to fence might also be a barrier to your iintended barrier.
Now if the neighbours start to put a fence up to your drive, tthat's when you mention it politely and write to the council to invite their ssurveyors over and pucker up for a quick 'win' or a long, painful and expensive experience with your partner telling you they told you so.
Meantime the Council rehome tenants and move in some whose idea of garden furniture involves a broken tumble drye, various bits of bent metal, a shopping trolley, back seat of an old BMW or Ford and an oil drum for burning 'stuff'.
Meantime, just as you notice the electricity bill is somehow £1397.85 for June your partner finally tells you they are going to stay with their mum for a while.
I may have had a little to drink .
Edited by Rude-boy on Friday 21st October 21:22
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff