boundary moved by neighbour?

[nitro23456]

Looks like you're selling anyway unless that his for sale sign on your land

 

[Diver Fred]

You really need to get your hands on a copy of the developers site plan. If they can't/won't/don't help then you could try the local authority highways dept - they had a copy of the site plan for the estate where we live.

LR take the easy way out and at best leave the residents to make a good guess. I'm still in discussion (read 'argument') with them over boundaries on my fathers property.

 

[BarnabyT]

The pic with the for sale sign is an old image off Google. Im not moving, but I'm having a new roof. The soffits and fascias on the gable end are totally rotten and need replacing as part of the roof. She won't allow me to put scaffold on her garage roof to do it and says ill have to work off ladders. But this makes it really difficult and 2 builders have said they won't do it off ladders. I was hoping I could leverage the land grab against her to persuade her.

 

[ETAF]

i'm no expert , and not sure how the garage may effect this - but you do have a right to go onto neighbours land for essential maintenance

https://scaffoldingcosts.co.uk/scaffolding-rights-for-extensions/#:~:text=Repairs and Renovations: If your,essential in order to qualify.

I think this is the act
https://www.legislation.gov.uk/ukpga/1992/23/section/1
The Access to Neighbouring Land Act 1992

 

[^woody^]

The boundary is wherever the seller says it is at sale time and the buyer purchases the property.

Boundaries can change.

 

[nitro23456]

Might also be possible to do that gable using a hoist/cherry picker hired for a day.

https://www.ebay.co.uk/itm/Cherry-P...2349624.m46890.l49286&mkrid=710-127635-2958-0

 

[BarnabyT]

Well she put the fence up when the house was unoccupied as the sale was going through. Basically, tenants moved out in October and it was vacant until we completed in December. The day we moved in..... there was a brand new fence and half the flower bed had been taken.

 

[BarnabyT]

I've found the original builders plans for the developments. I'll check it out tomoz and update.

 

[charliegolf]

Unless there is a boundary agreement in the title docs, the boundary is a matter of opinion. The UKLR makes that very clear on all its documents and register downloads.

 

[BarnabyT]

Well.... here is the original building plans

And here is the measurement as of this morning

So...... she clearly has grabbed it. This fits in with the rest of the houses on the road.... ie the boundary of the house on the right is the left hand edge of its driveway.

 

[JohnD]

Well.... here is the original building plans

View attachment 264125

And here is the measurement as of this morning

View attachment 264126

So...... she clearly has grabbed it. This fits in with the rest of the houses on the road.... ie the boundary of the house on the right is the left hand edge of its driveway.

You had better consult a solicitor.

An alternative would be to demolish the pillar and the fence and let the neighbour try to sue you.

 

[BarnabyT]

I've sought legal advice and it contitutes a civil trespass. I have the legal right to ask her to remove the fence from my land, to rebuild the brick pillar she knocked down (which lead to the remainder of the wall falling down) and for her to remove the strip of resin bound driveway she has had laid in my garden and to reinstate the flower bed/land that was there before. I would imagine it will cost her a considerable amount of money to complete these three things..... but then I suppose karma has a way of balancing things out. This never would have been a problem if she had allowed me access for 2 days so I could have replaced the fascias and soffits on her side of my house. What goes around comes around I guess. Just be nice

The solicitor also stated I could remove the fence as I can prove its on my land and make her try and take legal action against me. She would have to make an appeal on the grounds of possessory title through adverse possession via the land registry. But the land registry would write to me in those circumstances to ask if I was happy to have the land reassigned to her deeds.

 

[nitro23456]

How have you proved this is your land?

 

[^woody^]

I've sought legal advice and it contitutes a civil trespass. I have the legal right to ask her to remove the fence from my land, to rebuild the brick pillar she knocked down (which lead to the remainder of the wall falling down) and for her to remove the strip of resin bound driveway she has had laid in my garden and to reinstate the flower bed/land that was there before. I would imagine it will cost her a considerable amount of money to complete these three things..... but then I suppose karma has a way of balancing things out. This never would have been a problem if she had allowed me access for 2 days so I could have replaced the fascias and soffits on her side of my house. What goes around comes around I guess. Just be nice

The solicitor also stated I could remove the fence as I can prove its on my land and make her try and take legal action against me. She would have to make an appeal on the grounds of possessory title through adverse possession via the land registry. But the land registry would write to me in those circumstances to ask if I was happy to have the land reassigned to her deeds.

LOL

Did your advice include that the neighbour may have permission, a licence, or implied/explicit easement or acquired one?

 

[John D v2.0]

Adverse possession doesn't apply to insubstantial strips of garden by a boundary, that would just come under "fences move over time"
Never mind fences it sounds like you've burned all your bridges but really you should stop thinking about it as a legal question and start thinking about it as a relationship problem. Hardly anyone ever won a court case, even the winner is a loser most of the time.
None of this is going to enhance your life, whatever the outcome you're going to feel angry and resentful.
Take care and good luck