Garage trespassing over boundary (legal question) (Ed.)

[DennisJ]

My next door neighbour wants access to my garden to insect the garage wall (We do not get along ) so I told him he cant come in

This has resulted in me gaining access to the original land registry plans of my property boundary lines. Apparently prior to my purchase of the property in 2013 the previous owner had a brick Garage constructed as the result of a drainage collapse in his driveway resulting in the original garage being destroyed . According to my plans it would appear that the garage wall has been built on my side of the boundary line approximately 3" plus what ever the base extends to, this in turn means that the garage roof is overhanging my property (causing a trespass )


.

Would I be entitled to have him remove the overhang also as the wall is on my property does it become my wall or am I part owner of this wall

 

[freddiemercurystwin]

Small minded petty squabbles, both of you need to get a life. Be the bigger man, 3" - who gives a shyte.

 

[cdbe]

Life's too short, let him in, Google boundary disputes, don't get into one, if you need to get back at him think about throwing nails under the wheels of his car when you take your dog for a walk.

I'm really annoyed that people park across the road from me on a grass verge to drop their kids off at school - I have revenge in mind, I'm going to walk along with my dog and scatter hundreds of nails into the mud, I just need to sort out the disguise and how to break the CCTV connection (everyone has them on my road so I think I need to change disguise in a phone box).

 

[Murdochcat]

You can not trust land registry details. If you get into dispute the only winners are the lawyers. And you will have to declare the dispute when either of you want to sell.

Life is far too short to worry about small matters such as this

 

[big-all]

My next door neighbour wants access to my garden to insect the garage wall (We do not get along ) so I told him he cant come in

This has resulted in me gaining access to the original land registry plans of my property boundary lines. Apparently prior to my purchase of the property in 2013 the previous owner had a brick Garage constructed as the result of a drainage collapse in his driveway resulting in the original garage being destroyed . According to my plans it would appear that the garage wall has been built on my side of the boundary line approximately 3" plus what ever the base extends to, this in turn means that the garage roof is overhanging my property (causing a trespass )


.

Would I be entitled to have him remove the overhang also as the wall is on my property does it become my wall or am I part owner of this wall

lets look at this a different way
he has built it on his own land and you suddenly start shouting you will be the aggressor for no reason in his eyes??
Unless he agrees, its on your land and shouldn't be there you have no more than a very very expensive boundary dispute that you can loose

get into an official dispute and you try to sell you will have to declair this that in turn will probably cost you more money ??

 

[^woody^]

I don't think the land registry plans are accurate to 300mm let alone 3".

Potentially that wall and foundations could have been built across the boundary if a Party Wall notice had been served. And a tribunal may take that into account in any claim.

The overhanging eaves would be a planning breach. But too late now. It would cost you a lot of money to enforce removal. I suspect it would only ever become an issue if you wanted to build in that place

 

[thomp1983]

Given you don't get on can you not use the opportunity to give him the access as an olive branch to try and resolve your differences.

 

[Deluks]

I'm really annoyed that people park across the road from me - I have revenge in mind, I'm going to walk along with my dog and scatter hundreds of nails into the mud,

Don't just any old nails, use the rights ones for the job.

 

[mrrusty]

https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=3149

A Very Informative Post about Boundaries and Plans - Garden Law Discussion

Plus if required he can force access for maintenance

 

[Diver Fred]

Do you have a copy of the original deeds? Or only the electronic ones? The 'electronic' deeds as held by the Land Registry are notoriously inaccurate and they, the Land Registry, from what I see, shy away helping resolve boundary disputes or correcting detail when the land owner knows it's wrong.

Was the garage built prior to you owning your property? Your statement above is confusing - was it the previous owner of your house who rebuilt a garage? or the neighbour's house previous owner? It is possible the previous owner of your property had a verbal agreement with the neighbour about the garage position on the boundary.

As others have said, don't be petty minded and try to get along with your neighbour; let him check his wall rather than antagonise the situation. If he's unhappy, he could be less caring about your property and cause you more cost.

 

[robinbanks]

The 'electronic' deeds as held by the Land Registry are notoriously inaccurate

Paper ones are not necessarily better

According to my plans it would appear that the garage wall has been built on my side of the boundary line approximately 3"

Nearly 100% of the title plans and deed extracts held by LR do not absolutely and accurately determine the position of a boundary unless there has been a determined boundary or a boundary agreement created. Boatloads of official reading material here:

Practice guide 40: guide overview of Land Registry plans

www.gov.uk

Consider carefully whether to turn this minutia into a boundary dispute that will uphold the progress of any future sale you make. Personally I'd grant them access, forget about the 3 inches and start looking to get on with your existing neighbour or find some new ones if the relationship is that irreparable. My third party perspective, considering how irked you seem by this issue, is that you may be particularly and exceptionally intolerant to this neighbour and hence they may not be entirely to blame for how you feel about them if you've elevated them to "can do no right" status?

 

[Hugh Jaleak]

Garage has stood since before 2013 when you purchased the Property. You viewed and purchased with the garage in situ, and were clearly happy with what you saw. Now you've fallen out with the Neighbour, all of a sudden the Garage is an issue? It is the Neighbours wall, you have no rights to do anything with or to it without his permission.

Take it to Court at your own risk, any Judge is likely to side with your Neighbour, which will result in you paying both sides costs, and potentially having to sell your property to pay the bill. At least then the Garage will no longer be your issue.

 

[aveatry]

I agree with the others - let him in to inspect. Don't be petty - be the bigger person. Try and be nice, maybe this will start improve your lives living next to each other.