Boundary question. Has anybody come across this before?

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I have a question relating to my boundary which could apply to many other peoples boundaries and as yet I have not been able to find an answer.

My deeds show a plan view of my home within my street. The boundary is marked by a red outline, however my question is this.

My garage is on the drawn boundary line. It has a flat felt roof with an approx. 12" soffit protrusion out from the brickwork.

Is my boundary line the base of my garage and therefore the roof edge including soffit etc is over my boundary line and therefore in my neighbours garden

or

Is my boundary defined as the brickwork plus the protrusion of the roof?

I contacted the council and they could not help and told me to refer to my deeds, which also seems inconclusive.

Can anybody offer any advice?
 
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Quite common, our neighbours sopffit overhangs the boundary, built like that before either house was sold. Not seen the deeds but presume there is something in there to cover it.

Was the garage built at the time the houses were built or added later?
 
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I heard there was a law that states if your fence is over the boundry for more than 7 years it the becomes legally yours....not sure if its true but might be the same for buildings
 
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A red line on a plan can be a foot thick in real life

Normally, with older properties, the "intended boundary" will be that of the main wall, but the boundary line may bend around any soffit overhangs. Or it may be that it is a temporary "licence" for the soffit to overhang, but if removed can not be put back overhanging, and the neighbour can not demand removal

With newer properties and especially extensions, then it may be that the boundary is at the furthest point and walls are set back from the actual boundary.

But each case is determined on its own merits unless specific documentation and dimensions are available
 
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I heard there was a law that states if your fence is over the boundry for more than 7 years it the becomes legally yours....not sure if its true but might be the same for buildings

No you heard wrong

The area of law is called adverse possession, and it is either a 10 or 12 year period of continuous occupation - depending on whether the land is registered or not.

After this time, a claim can be made for "good title", but the claimant has to prove and satisfy certain criteria, and the actual land owner or others can dispute the claim.

So, the land does not automatically transfer to the claimant, and it is now harder to claim land under adverse possession.
 
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Quite common, our neighbours sopffit overhangs the boundary, built like that before either house was sold. Not seen the deeds but presume there is something in there to cover it.

Was the garage built at the time the houses were built or added later?

Thanks for the reply :D

Garage was indeed built at the time of the house.
 
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Almost all boundaries between gardens are general boundaries. The line shown on the plan cannot be used to determine the actual boundary position it is only a general guide to where the boundary will be. What is important is the position of any long term boundary features like fences or walls.

You garage guttering etc is most likely overhanging your neighbours property.

If the houses were all built at the same time like that you will have an implied easement allowing you to encroach into the airspace of your neighbour where the guttering etc is.

If the garage is an add on and has been their 20 years plus you will have a prescriptive easement allowing the overhang.

If the garage has been their less than 20 years and the overhang was placed their without the neighbours permission then you are trespassing.

What would then happen if the neighbour went to court to force you remove the overhang would depend on the circumstances surrounding its placement in their airspace .Normally a court grant an equitable easement allowing the trespass and order damages paid the the landowner but it would depend on the circumstances surrounding its placement.
 
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Thanks for the reply UKMICKY,

To clarify, my property and all the other 11 properties in my close including garages (properties are bungalows) were all built at the same time in the 70's.
 
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In that case this rule should apply,its what covers most situations between houses like yours where they were all built as one development.

Section 62 Law of Property Act 1925

1)A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of conveyance, demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land or any part thereof..

You have an implied easement which does not need to be placed on the register.
 

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