boundary lines

[carl1721]

hi there all new to this & desperate for some advice.... we have just got into a depute with our neighbours after 10 years of living next door. we have just instructed a drive company to remove our lawn & replace with a new drive. Our neighbours have stopped the work as they have disputed the boundary line. we live in a cul de sac we are semi houses & my neighbours drive crosses the front of our house. the advice i want to know is our neighbour claims the boundary runs directly from the centre of our houses to the centre of the drive openings. Although i do not despute the angle i do believe the line steps off the house first a minimum of 500mm. If i agree to the boundary line he has set out then my guttering will overhang his boundary would this be right on his behalf

thanks

carl

 

[big-all]

land registry or the local council [if ex local authority building]

culdesacs often have diagonal boundaries to even out plots a bit

 

[vv2806]

Although I am not a specialist, it is hard to believe that the boundary is a matter of agreement between you and your neighbour. Have you seen the property plan? Check the land registry web site.

 

[carl1721]

Although I am not a specialist, it is hard to believe that the boundary is a matter of agreement between you and your neighbour. Have you seen the property plan? Check the land registry web site.

i have spoken to the council and land registry and they have both advised me that the line marked on my deeds are a guide only & if i want the exact measurement i should employ a boundary surveyor. We are currently having a rear extension, when the building inspector visited yesterday he said that in his opinion i would be correct based on the border that is already there & said it would be classed as an established border, however the neighbour claims he gave the previous owners the permission to to lay a concrete curb to separate the bedding plants.... why he gave permission then and is now disputing 1ft of land now i do not know,???

thanks for quick responses

 

[^woody^]

It's a complex area, but in general ...

The line on the property deeds denotes the general position of the boundary. Precise location would need to be determined by measurement and consideration of local features to determine the "most likely" position. But if a line goes straight up to a wall, then it is unlikely to be 500mm away

If a boundary is moved, then if not noted on revised deeds or otherwise, then it would be up to the claimant to prove that the boundary has been moved for a set period of time and "unbeknown" to the other party. Otherwise the other party can just require the boundary to be reinstated to the line on the deeds.

The council inspector is incorrect with his "established border" comment

However, if the neighbour has said categorically that he gave permission for the boundary to be moved, then he may not be entitled to revoke it. But it's going to be difficult to assert without legal argument

 

[carl1721]

thanks for your response,

in your opinion would it be correct that the boundary my neighbour has set out allow my fascia and guttering to overhang his side...

once again thank you for your time

 

[^woody^]

If new work (ie the gutter was formed on some sort of extension after the original properties were built), then you can never overhang a boundary unless you have the landowners permission.

If the gutter is part of the original build (and on the boundary) then normally the boundary will go up the wall and around the fascia and gutter. The boundary will not normally be a vertical line down from the gutter. The gutter has what is known as an easement to cross the boundary

If you could upload a sketch, it may help

But from your OP, I can't imagine in normal circumstances how a boundary can come off the house 500mm, then then go on it's way to the edge of the garden. Normally it will come right off the house on a 90° angle or on a different angle, but would tend to be straight unless the deeds show otherwise or a natural variation in the land dictates