Any Property Boundary Expert On Here?

Any Property Boundary Expert On Here?

Author
Discussion

Byker28i

60,056 posts

218 months

Monday 24th October 2016
quotequote all
You've a huge drive? is it worth it?

I have a curved drive to my side area, big enough for a car, with gates big enough to put a car behind them as well. My plans show my land goes in a straight line which means I lose a triangle about 1 foot wide by 15 foot long, but this area is fully landscaped by my neighbour.

I think the real issue is the eyesore gravel. How about you offer to put in an ornamental bush, flower bed with input from the neighbours?

Al U

Original Poster:

2,313 posts

132 months

Monday 24th October 2016
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To be honest on reflection what I am going to propose and what I would like is to move the gravel pit that is in front of my fence and put a hedge in along the drive. I'm going to go and have a chat soon at some point just need to figure out how to get the mrs on board with that now.

herewego

8,814 posts

214 months

Monday 24th October 2016
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Since you say the gravel has been added during the buying process it looks like a land grab to me. The neighbour is trying to define the edge of your drive as the boundary.

I originally thought you were talking about a strip parallel to your block driveway. After seeing next doors hedge up to your drive I assume now you are talking about a wedge shape rather than a strip otherwise they have put the end of the hedge on your land. If its a wedge I don't see how you can put a hedge along it and hedges take quite a bit of width and need trimming from both sides. Also would you put it all on your side or would you hope to put the stems on the boundary line?

I wonder if it wouldn't be best to define both ends of the boundary line in some way and leave the grass as it is. Alternatively you could define it with a line of blocks. I agree with another poster who said it appears the front boundary line splays out a little and is not quite an extension of the rear fence.

esxste

3,685 posts

107 months

Monday 24th October 2016
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Do you actually want to do anything with the land, or are you just keen to assert your rights to it, so that it can't be taken off you through accepted use...


If you're just keen to assert your rights, write to the council (landowner) and point out that layout of the land makes it seem ambiguous about ownership, but that the deeds show you clearly own it. Just say you're happy for the usage to continue as is.

Might wanna get a proper legal bod to sort out the exact details or what not...

If you want the land for whatever reason, then you need to weigh up the worth of any dispute it might cause with the neighbours - even though its not their land.

Al U

Original Poster:

2,313 posts

132 months

Monday 24th October 2016
quotequote all
Update -

Went and spoke to the neighbour and it was all friendly on both sides which is good. She mentioned that she had spoken to the council recently because she too was thinking about putting a fence up and the council told her that the entirety of the grass to the side belongs to them. She also said that the previous owner was sent a letter from the council around 2 months ago saying that the land is not part of their property. Therefore I think it's been a case of some enhanced marketing from the estate agent and seller because they had said that some of the land to the side of the drive may also be theirs but they are not sure how much. Key word there being "may". Importantly for me the land was not a make or break for me buying the house otherwise it would have been at the forefront of my mind during the conveyancing process.

At the start of the conversation I said that I was thinking about putting up a hedge and she said that if we still want to do the hedge we are more than welcome to, which was nice of them.
To be honest now that I've been told that I feel totally different about it all. At the end of the day if it's not my land then I have no preference to what they do with it because really it's none of my business. I think if I still wanted to pursue it, it would be a case of going into a boundary dispute with the council and to be honest I'm not interested in that for what I'd get out of it. I'll give the council a call to see if I can get a copy of the letter or similar as I'd be interested to see it.

Other than that thanks for all of the input from everyone, I feel like I've got a weight off my mind.

surveyor

17,841 posts

185 months

Monday 24th October 2016
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My only comment is that I would not take anything that a council estates say as gospel.

It would be relatively straightforward to overlay an OS plan on top of your registered title plan that would allow some check dimensions to be worked out.

This method is not mm perfect, but certainly gives you a good idea of where you stand...

ETA If your happy that's what counts....

Al U

Original Poster:

2,313 posts

132 months

Monday 24th October 2016
quotequote all
surveyor said:
My only comment is that I would not take anything that a council estates say as gospel.

It would be relatively straightforward to overlay an OS plan on top of your registered title plan that would allow some check dimensions to be worked out.

This method is not mm perfect, but certainly gives you a good idea of where you stand...

ETA If your happy that's what counts....
Do you mean a council tenant or a council estates department?

I'll try and take a look at an ordnance survey. Be interested to hear what the council have to say in any case.

surveyor

17,841 posts

185 months

Monday 24th October 2016
quotequote all
Al U said:
surveyor said:
My only comment is that I would not take anything that a council estates say as gospel.

It would be relatively straightforward to overlay an OS plan on top of your registered title plan that would allow some check dimensions to be worked out.

This method is not mm perfect, but certainly gives you a good idea of where you stand...

ETA If your happy that's what counts....
Do you mean a council tenant or a council estates department?

I'll try and take a look at an ordnance survey. Be interested to hear what the council have to say in any case.
Both!

Biker 1

7,739 posts

120 months

Tuesday 25th October 2016
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My 2p worth:

I've seen many Land Registry plans; the scale is often 1:1250 or 1:2500. Recently, we had a visitors parking space that apparently encroached on a neighbouring property; impossible to tell as the width of the pen equalled at least 1 metre; given a standard space is 2.5m wide, we put some plant pots in the disputed position & left it at that.... Life is too short.

7795

1,070 posts

182 months

Tuesday 25th October 2016
quotequote all
I'd be inclined to make a soft inquiry to the council and to your neighbours. If the council get shirty, or defensive and there is no direct benefit to you either monetarily or otherwise, i'd leave it.

When you sell the house, let it be known that the land is part of your property. Speak to a Solicitor on how to get this achieved so there is no dispute when/if selling...

Chrisgr31

13,485 posts

256 months

Tuesday 25th October 2016
quotequote all
From the photos and plans I fail to see how the Councils letter can be correct unless the rear fence is in the wrong place. Guess one would need to see the Councils registered title to see why they are of that opinion.

Slightly surprised the fact that the Council had written to the seller didn't emerge as part of the searches and pre-contract enquiries.


Al U

Original Poster:

2,313 posts

132 months

Monday 12th December 2016
quotequote all
surveyor said:
Al U said:
surveyor said:
My only comment is that I would not take anything that a council estates say as gospel.

It would be relatively straightforward to overlay an OS plan on top of your registered title plan that would allow some check dimensions to be worked out.

This method is not mm perfect, but certainly gives you a good idea of where you stand...

ETA If your happy that's what counts....
Do you mean a council tenant or a council estates department?

I'll try and take a look at an ordnance survey. Be interested to hear what the council have to say in any case.
Both!
Update - This turned out to be some very good advice, Surveyor. After actually going into the solicitors armed with better photos and explaining more clearly why I thought the strip of land was in our boundary the solicitor agreed and wrote a letter to the council explaining that the land was ours. The council simply replied that they would add the letter from my solicitor to the deeds and that they "trust this clarifies their position on this matter".

That was win number one, went and spoke to the neighbour and informed her of these recent developments and that I would be putting up a fence on the strip of land to mark the boundary and she was agreeable and thanked me for letting her know.

So there you have it, doing a bit of leg work ended up paying off. I get my fence and bit of land and neighbourly relations have been maintained. Thanks to all that commented.

KevinCamaroSS

11,641 posts

281 months

Monday 12th December 2016
quotequote all
Congratulations, the best possible result.

_dobbo_

14,384 posts

249 months

Monday 12th December 2016
quotequote all
A boundary issue resolved in a simple way without conflict and without a Daily Mail article?

That can't be right....

surveyor

17,841 posts

185 months

Monday 12th December 2016
quotequote all
Al U said:
surveyor said:
Al U said:
surveyor said:
My only comment is that I would not take anything that a council estates say as gospel.

It would be relatively straightforward to overlay an OS plan on top of your registered title plan that would allow some check dimensions to be worked out.

This method is not mm perfect, but certainly gives you a good idea of where you stand...

ETA If your happy that's what counts....
Do you mean a council tenant or a council estates department?

I'll try and take a look at an ordnance survey. Be interested to hear what the council have to say in any case.
Both!
Update - This turned out to be some very good advice, Surveyor. After actually going into the solicitors armed with better photos and explaining more clearly why I thought the strip of land was in our boundary the solicitor agreed and wrote a letter to the council explaining that the land was ours. The council simply replied that they would add the letter from my solicitor to the deeds and that they "trust this clarifies their position on this matter".

That was win number one, went and spoke to the neighbour and informed her of these recent developments and that I would be putting up a fence on the strip of land to mark the boundary and she was agreeable and thanked me for letting her know.

So there you have it, doing a bit of leg work ended up paying off. I get my fence and bit of land and neighbourly relations have been maintained. Thanks to all that commented.
All round good result..

Ian Geary

4,493 posts

193 months

Monday 12th December 2016
quotequote all
_dobbo_ said:
A boundary issue resolved in a simple way without conflict and without a Daily Mail article?

That can't be right....
At least tell us how much next door's house is worth...?