Hi guys hope you can help. About three and a half years ago I had a new boundary wall built partly off old concrete footings approx 20 years old and partly off new. A neighbour is now saying this section of new wall on the old footings has been moved from the position of the previous old wall and is taking me to court. My question is , is there any way of proving what concrete is 20 years old and what is 3 1/2. What experts should I approach does anyone please have any knowledge on this subject. Land registry details are very sketchy. Many thanks in anticipation of your replies. Kind regards.
new or old footings
- Thread starter karter
- Start date
The burden of proof in on your neighbour, he is making the allegation, you don't have to prove anything. What is his evidence that you moved the boundary? In general, the courts don't want to get bothered with people who claim a boundary has moved a few inches several years ago. Look at his evidence and decide what to do next. Or even better, sort it out over a beer.
Karter please try this option first because the alternative could be long, protracted and expensive.
Do you think you have transgressed his boundaries with your new wall?
A couple of inches is one thing, but if your neighbour has a case you might simply have to bite the bullet and knock down and rebuild your wall.
Exactly how far down this road has he gone, or is it just a threat?
Firstly, you need to settle this without legal proceedings, as otherwise the only winners are the solicitors
What amount is this guy talking about 10mm, 100mm ? How does he know the wall has been moved?
Unless the walls are dimensioned on the deeds or other documents, then there is no definitive boundary line. The red line on the land registry plan will be about 150mm wide in real terms when scaled up.
So the only way to define the boundary is for a surveyor to comment and give his opinion on where the boundary is most likely to be, taking into account the site layout. But even so, fences and walls may be moved over time and the fence or wall is not necessarily the boundary line
Although I don't suppose that you used the Party Wall Act when you did the recent work, you may be able to infer party [fence] wall status or use the terms and guidelines in this Act in any future legal argument. The PW Act wont help you now as such, but it can be used as persuasive argument.
If the neighbour has begun a civil action, then check with your house insurance policy, as you may be covered and they can deal with it for you.
If not, then you probably first want legal advice, then you want a surveyor who is experienced in boundary and party wall matters. You may be willing to appoint a single surveyor as joint 'expert' which will reduce costs, but if so, make sure he is truly independent.
But if he is taking you to court, then wait for him to state his case. He must prove his claim, and he must provide the evidence on which his claim is based.
If you do get a Solicitors letter, then don't be intimidated by its wording or content. It will be full of bluff and assumption, and written to make you think that what they say is correct.
What amount is this guy talking about 10mm, 100mm ? How does he know the wall has been moved?
Unless the walls are dimensioned on the deeds or other documents, then there is no definitive boundary line. The red line on the land registry plan will be about 150mm wide in real terms when scaled up.
So the only way to define the boundary is for a surveyor to comment and give his opinion on where the boundary is most likely to be, taking into account the site layout. But even so, fences and walls may be moved over time and the fence or wall is not necessarily the boundary line
Although I don't suppose that you used the Party Wall Act when you did the recent work, you may be able to infer party [fence] wall status or use the terms and guidelines in this Act in any future legal argument. The PW Act wont help you now as such, but it can be used as persuasive argument.
If the neighbour has begun a civil action, then check with your house insurance policy, as you may be covered and they can deal with it for you.
If not, then you probably first want legal advice, then you want a surveyor who is experienced in boundary and party wall matters. You may be willing to appoint a single surveyor as joint 'expert' which will reduce costs, but if so, make sure he is truly independent.
But if he is taking you to court, then wait for him to state his case. He must prove his claim, and he must provide the evidence on which his claim is based.
If you do get a Solicitors letter, then don't be intimidated by its wording or content. It will be full of bluff and assumption, and written to make you think that what they say is correct.
Woody,
Just as a matter of interest, I looked at my deeds a few year's back because we were building an extension and conservatory. We have privet hedges outlining the borders.
When i looked at my deeds (I live in a semi) the red line went through the house separating the two then carried on through the house behind me half way down the street and then gently curved around to include around 30 houses. It eventually came back to the front of my house to complete my boundary
I asked my solicitor with regards this and he said looking at the deeds and land registry that my house stands on the site of an old farmhouse who owned the land, he said that it appears that the land was never divided into individual plots because it was a large council project built post war in an hurry. (ex council) I asked the council about this and they also were confused and panick bells started ringing. I never did follow it up.
Maybe i own about 11 acres and have leasehold on 30 houses without knowing it
You think i can claim back rent 
Just as a matter of interest, I looked at my deeds a few year's back because we were building an extension and conservatory. We have privet hedges outlining the borders.
When i looked at my deeds (I live in a semi) the red line went through the house separating the two then carried on through the house behind me half way down the street and then gently curved around to include around 30 houses. It eventually came back to the front of my house to complete my boundary
I asked my solicitor with regards this and he said looking at the deeds and land registry that my house stands on the site of an old farmhouse who owned the land, he said that it appears that the land was never divided into individual plots because it was a large council project built post war in an hurry. (ex council) I asked the council about this and they also were confused and panick bells started ringing. I never did follow it up.
Maybe i own about 11 acres and have leasehold on 30 houses without knowing it
You think i can claim back rent You may be the new lord of the manor!
Its common for land to be built on and partitioned off, without the actual legal transfer of ownership done properly - so people may think they own land which they do not.
Have a look at the deeds of the neighbours properties to see what is recorded, and if it concurs with your deeds, then its worth pursuing.
Not sure about back rent, but if you do own the land, then you may be able to charge your new tenants something.
You will have 30 angry people after you though
Its common for land to be built on and partitioned off, without the actual legal transfer of ownership done properly - so people may think they own land which they do not.
Have a look at the deeds of the neighbours properties to see what is recorded, and if it concurs with your deeds, then its worth pursuing.
Not sure about back rent, but if you do own the land, then you may be able to charge your new tenants something.
You will have 30 angry people after you though
Pretty sure youd'e be able to dig down and tell the difference in looking at the concrete? or maybe the consistency of concrete has changed over the years ? it's about the cheapest option at the moment
dig down, jet wash the concrete
dig down, jet wash the concrete
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