Potential boundary dispute - solicitor recommendations?

[Fatboy]

Hi everyone,

A relative of mine has got a potential boundary issue with a property they've bought (near Guildford) about a year ago.

They need a recommendation for a solicitor with experience in adverse possession of anyone can?

Short description:
Both my relative and their neighbours bought their houses from the same organisation about a year ago, the neighbour has come round saying that the boundary is incorrect to the (100 year old) plans in land registry and wants to take about half my relative's drive and about a metre of garden ..
However the fences/drives have been as they are for at least 20 years and there are garages/outbuildings along the current property line (they've spoken to different people who rented the houses as far back as the seventies who have confirmed the boundaries have not changed since then), so they're looking at a possible adverse possession claim, if the neighbour isn't going to be reasonable...

[fat80b]

ouch - can they not go and speak to the solicitor they used for the conveyancing a year ago as a first port of call?

I'd dig out all of the paperwork from the land reg etc that was used during the purchase and start there.

[Fatboy]

They have, but both relative and neighbour used the same solicitor, and the neighbour is currently in a dispute/suing the solicitor so the solicitor can't act for my relative..

The relative is gathering all the evidence together, and doing some detailed measuring...

[Lynchie999]

... the neighbour sounds like someone who you don't want to be living next door to tbh...

[IJWS15]

Bought from the same “organisation “..."..... did it by any chance own the property for a long time and has it just (last year) split the titles?

Is it the neighbour who bought at the same time who is making the claims?

[Lotobear]

in the first instance, at least, I would recommend not a lawyer but a boundaries specialist, this one:

http://boundaries.net/

David Powell is boundary matters god and a very approachable chap to boot - seen him speak many times and what he doesn't know about boundaries and AP is not worth knowing

[Davel]

You need a specialist - as said above.

I'd have thought that, if the existing boundary has not been challenged for so long, you would have right to keep things as they are.

IANAL

Beware that, when either of you sell in the future, a dispute like this will need to be declared - as I understand it.

[Fatboy]

IJWS15 said:

Bought from the same “organisation “..."..... did it by any chance own the property for a long time and has it just (last year) split the titles?

Is it the neighbour who bought at the same time who is making the claims?

Not sure how long the organisation has owned it, but the titles were split when the houses were built about 100 years ago, so not recent :-)

It is the neighbour who bought at the same time making the claims...

[Fatboy]

Lotobear said:

in the first instance, at least, I would recommend not a lawyer but a boundaries specialist, this one:

http://boundaries.net/

David Powell is boundary matters god and a very approachable chap to boot - seen him speak many times and what he doesn't know about boundaries and AP is not worth knowing

Thanks,

I will pass that on :-)

[blueg33]

I always used to rate Tony Inkin (Gateley in Guildford) when he did much of my land acquisition stuff at Charles Church and properly knows property law.

He also did my house when I bought it, and there were issues with a private access that he helped clarify

[surveyor]

Fatboy said:

Lotobear said:

in the first instance, at least, I would recommend not a lawyer but a boundaries specialist, this one:

http://boundaries.net/

David Powell is boundary matters god and a very approachable chap to boot - seen him speak many times and what he doesn't know about boundaries and AP is not worth knowing

Thanks,

I will pass that on :-)

He does indeed know his stuff.

He even shares my name, middle and all. At one time the RICS even sent his subs invoice to me. Shocking it was, as his subs were more expensive than mine!

OP. First thing to establish is whether your neigbours interpretation of the registered plan is even correct. If he's just made a daft mistake it can head off a whole load of pain.

Second thing is to try and track down the transfer plan. Land Registry do make registration mistakes.

[Fatboy]

surveyor said:

He does indeed know his stuff.

He even shares my name, middle and all. At one time the RICS even sent his subs invoice to me. Shocking it was, as his subs were more expensive than mine!

OP. First thing to establish is whether your neigbours interpretation of the registered plan is even correct. If he's just made a daft mistake it can head off a whole load of pain.

Second thing is to try and track down the transfer plan. Land Registry do make registration mistakes.

Thanks - they're getting in touch with him today :-)

Meanwhile my relative is getting some detailed measurements done and will get a mate to draw them out at larger scale...

Where do we go for the transfer plan - is that a request from land registry?

[surveyor]

Fatboy said:

surveyor said:

He does indeed know his stuff.

He even shares my name, middle and all. At one time the RICS even sent his subs invoice to me. Shocking it was, as his subs were more expensive than mine!

OP. First thing to establish is whether your neigbours interpretation of the registered plan is even correct. If he's just made a daft mistake it can head off a whole load of pain.

Second thing is to try and track down the transfer plan. Land Registry do make registration mistakes.

Thanks - they're getting in touch with him today :-)

Meanwhile my relative is getting some detailed measurements done and will get a mate to draw them out at larger scale...

Where do we go for the transfer plan - is that a request from land registry?

Land Registry should have it. Or whoever registered the property.

[mr rusty]

Get on to gardenlaw forum and ask there. Good experts. Basically the land registry plans do NOT determine the boundary - certainly not to a 1m or so. They only show the general plot. If this goes to a tribunal I guarantee it will depend on "what is on the ground" rather than 100 year old maps or plans. Boundaries move about a little bit over time, and if both parties bought what they saw with hedges and fences in place that were well established, then that's what they bought. Don't spend huge fees defending this. Do see if you have any legal expenses cover.

[blueg33]

Some of it drr ET pends on the age of the houses. Our contract plans are often drawn 1:50 and are very accurate even when transferred to LR 1:1250

[Fatboy]

Thanks again everyone, my relative has spoken to his home insurers as well, and they've put them on to a legal advisor who has helped draft a letter to the neighbours...

My relative also spoke to a few locals, and had got lots of help with old photos showing the layout has been as-is since the mid seventies, which formed the basis of the letter, as well as some other help which showed the neighbour's survey to be completely wrong... All looking much better for my relative, hopefully this puts it to bed as the neighbours were rather deflated after reading the letter (my relative took it round and the neighbour read it in front of them)...

[BoggoStump]

Good job

[Pit Pony]

mr rusty said:

Get on to gardenlaw forum and ask there. Good experts. Basically the land registry plans do NOT determine the boundary - certainly not to a 1m or so. They only show the general plot. If this goes to a tribunal I guarantee it will depend on "what is on the ground" rather than 100 year old maps or plans. Boundaries move about a little bit over time, and if both parties bought what they saw with hedges and fences in place that were well established, then that's what they bought. Don't spend huge fees defending this. Do see if you have any legal expenses cover.

This was my understanding. Because I questioned the possibility of rear access, My solicitor queried the actual boundary of the house we bought last year because he had copies of various adjoining plots from 1848 to 1998, which all showed our back yard as different on every plan. Our surveyor, came out with us and looked at what was actually there. We concluded that our boundary had probably been changed and that where the fences were was pretty much what they'd been like for 22 years, and that despite rear pedestrian access being logical, we didn't have it unless we paid money to the house built in 1998 with ownership of the road behind.

[x type]

https://maps.nls.uk/geo/find/#zoom=6&lat=53.39...

Have a look on that site you can change dates etc

May help with old maps not sure how accurate they are