Establishing House Boundary

[Doug99]

Hi All,
A detached house has a paved driveway along the full side of the house.
The other side of the drive is an open field.
The boundary fencing is in a poor state and almost non existent.
There is talk that the field may be developed for housing.
How can the exact position of the boundary be established before the big boys move in with their diggers? I'm aware that some deeds may show boundary markers but not measurements.
Cheers

 

[Tigercubrider]

Measure what's there now and photograph.
If you were unscrupulous you could move the old posts a bit ?

I suggest keeping the old posts until you're sure.

 

[JohnD]

A few concrete posts or spurs should do the trick.

you could put in post-and-rail or ranch fencing fairly easily. I did that with some spurs when I no longer needed the fence.

I wonder if there's any market for old-looking spurs and posts?

 

[johnny2007]

I would take 6 foot of the open field.
In fact, why haven't you done so years ago???

 

[^woody^]

I suggest keeping the old posts until you're sure

A few concrete posts or spurs should do the trick.

you could put in post-and-rail or ranch fencing fairly easily. I did that with some spurs when I no longer needed the fence.

And what if the posts don't tally with the deeds?

 

[Tigercubrider]

And what if the posts don't tally with the deeds?

You say......
"Been like that for years mate... ever since I bought it"

 

[jacko555]

Google earth lets you look at old satellite images. I also found aerial shots from Britain from above of where I live.

May help establish how long the posts have been there, especially if they have nicked some adjoining land

 

[^woody^]

You say......
"Been like that for years mate... ever since I bought it"

That's OK then, the other landowner will just accept that, and accept that the deeds must obviously be wrong and everything is fine.

Meanwhile, in the real world, it is the deeds that dictate the boundary in the first instance.

 

[Tigercubrider]

It wasn't an entirely serious suggestion ?

 

[jacko555]

That's OK then, the other landowner will just accept that, and accept that the deeds must obviously be wrong and everything is fine.

Meanwhile, in the real world, it is the deeds that dictate the boundary in the first instance

Adverse possession?
Doesnt it depend on how long the boundary was moved?

 

[johnny2007]

Adverse possession?
Doesnt it depend on how long the boundary was moved?

How would they know if you use old timber?

 

[jacko555]

I am not an expert at all! Google will probably give better advice than I can on the subject. However, I think you need proof only you have had use of the land, and not the owner, for 10+ yrs, like an old satellite or aerial photo would give.

I also think you need to make a claim for adverse possession, but, if the boundary has been that way for 10+ years, and, you are told by the land owner to move it, then, if you have evidence its been that way for long enough you can claim it as yours legally.

But I am probably missing key points, and, this assumes that the boundary has been moved in your favour...

If you're thinking of pinching some land, using old wood posts to make it look like it's always been like that, then, dunno.

Title deeds dont seem (old ones I have seen) to have accurate measurements of land. Would they be able to prove 6 ft? Maybe when google maps updates their satellite data and if compares them, and, then wants to raise an expensive legal dispute over a slip of land?

Maybe the house builders will - 6ft could be a pavement lost of they are going to cram the field with houses...

 

[Doug99]

The house is currently vacant and my query was raised for a potential purchase so have no direct historical details of when the old fence line was erected.

 

[JohnD]

If you are a religious man, reflect that the moving of your neighbour's landmark is specifically forbidden in the bible.

 

[^woody^]

I am not an expert at all! Google will probably give better advice than I can on the subject. However, I think you need proof only you have had use of the land, and not the owner, for 10+ yrs, like an old satellite or aerial photo would give.

I also think you need to make a claim for adverse possession, but, if the boundary has been that way for 10+ years, and, you are told by the land owner to move it, then, if you have evidence its been that way for long enough you can claim it as yours legally.

But I am probably missing key points, and, this assumes that the boundary has been moved in your favour...

If you're thinking of pinching some land, using old wood posts to make it look like it's always been like that, then, dunno.

Title deeds dont seem (old ones I have seen) to have accurate measurements of land. Would they be able to prove 6 ft? Maybe when google maps updates their satellite data and if compares them, and, then wants to raise an expensive legal dispute over a slip of land?

Maybe the house builders will - 6ft could be a pavement lost of they are going to cram the field with houses...

There are several other criteria to meet for any successful claim, and a key one is that the land must have been used "at the exclusion of all others" which typically means being fenced off or suchlike and/or included as part of owned land.

And the process is that the squatter makes the claim but it can be challenged, so its not like the old days when someone can claim a £1m house instantly in year 12.