Boundary dispute

Caporegime
Joined
25 Jul 2003
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40,503
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Just throwing this out to the knowledgeable masses on here.

jCQE9pK.png

Green is scrubland. Red border is our garage and below that our garden. Right of those is neighbours garden. Black box at the top is the house that used to own the scrubland.

There is an area of nature/scrubland behind our garage and rear fence, and situated between ourselves and the neighbours boundary - it used to belong to that house but the was sold off 15 years ago when the original owner was refused planning permission to build on it. The owner of it recently cleared it out with the intention to build. That in itself is fine, but having had it cleared out, we think that our boundary extends a foot into this former "nature" land. The demarcation of the adjoining boundaries from houses on our street show a clear line.

We just happen to have the garage situated a foot inside this line, and so the trees/bushes/scrub naturally just grew against our garage, and when we moved in we put a new fence in as the old one was rotten and falling apart, and we had to follow the line of the garage due to trees on the other side.

The person who owns this land is a thoroughly unpleasant chap, and he's not going to entertain the idea of losing a foot of it, especially since he has repeatedly been refused planning permission (5 times!) because the plot is basically too narrow to build on.

Do I seek a solicitors advice? Looking on the land registry, it isn't 100% clear, other than all the adjoining boundaries line up, and so taking it at face value I'm sort of hoping we should be able to claim that foot of land.

Hohum, just came across this: https://www.gov.uk/your-property-boundaries/apply-exact-boundary-determined.

Has anyone done this before? Is it really worth the hassle? Ultimately we hope he gets sick of being rejected for planning and sells us the land. But I doubt we'll get that lucky.
 
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Is a foot of land you don't use worth hundreds if not thousands of pounds of surveyors and solicitors costs plus hours of your own time?

You can answer that yourself i imagine.

Where does the land registry show the boundary is? (bearing in mind land registry boundaries are not intended to be accurate unless the determination process has been carried out). If its as per your picture I don't really see how you could claim it unless there was a mistake at the time of registration.

If the land registry shows it as a straight horizontal line in line with the neighbour on the right then you may have a point but again it's going to cost quite a lot and for what benefit?
 
Situations like this are always a bit **** because it normally comes down to a case of suck it up and get on with your life unless you've got a lot of money and big benefit to gain from getting the land back :o
 
Not worth fighting legally, it could end up costing you your house in legal fees, if he puts planning permission in object and make sure he doesn't build with anything connecting to your walls, you have the right to access your garage from all side for maintenance.
 
Put it this way a colleague of mine had a case where a woman wanted to claim a roughly 3ft x 3ft triangle of land at the far end of her garden that she wouldn't ever use. Cost her 15k in legal fees :rolleyes:
 
Not worth fighting legally, it could end up costing you your house in legal fees, if he puts planning permission in object and make sure he doesn't build with anything connecting to your walls, you have the right to access your garage from all side for maintenance.

This is sound advice.
 
If the land registry shows it as a straight horizontal line in line with the neighbour on the right then you may have a point but again it's going to cost quite a lot and for what benefit?
Ultimately I guess it would be piece of mind to ensure nothing can be built there but as you say probably not worth it.
 
Not worth fighting legally, it could end up costing you your house in legal fees, if he puts planning permission in object and make sure he doesn't build with anything connecting to your walls, you have the right to access your garage from all side for maintenance.
Yep probably the sensible course of action.
 
I used to enjoy reading the garden law message board about stuff like this. As others have stated these battles are usually very costly for very little gain, the only winners being the solicitors etc.
 
Just throwing this out to the knowledgeable masses on here.

jCQE9pK.png

Green is scrubland. Red border is our garage and below that our garden. Right of those is neighbours garden. Black box at the top is the house that used to own the scrubland.

There is an area of nature/scrubland behind our garage and rear fence, and situated between ourselves and the neighbours boundary - it used to belong to that house but the was sold off 15 years ago when the original owner was refused planning permission to build on it. The owner of it recently cleared it out with the intention to build. That in itself is fine, but having had it cleared out, we think that our boundary extends a foot into this former "nature" land. The demarcation of the adjoining boundaries from houses on our street show a clear line.

We just happen to have the garage situated a foot inside this line, and so the trees/bushes/scrub naturally just grew against our garage, and when we moved in we put a new fence in as the old one was rotten and falling apart, and we had to follow the line of the garage due to trees on the other side.

The person who owns this land is a thoroughly unpleasant chap, and he's not going to entertain the idea of losing a foot of it, especially since he has repeatedly been refused planning permission (5 times!) because the plot is basically too narrow to build on.

Do I seek a solicitors advice? Looking on the land registry, it isn't 100% clear, other than all the adjoining boundaries line up, and so taking it at face value I'm sort of hoping we should be able to claim that foot of land.

Hohum, just came across this: https://www.gov.uk/your-property-boundaries/apply-exact-boundary-determined.

Has anyone done this before? Is it really worth the hassle? Ultimately we hope he gets sick of being rejected for planning and sells us the land. But I doubt we'll get that lucky.

Have you got a pic of the boundary line on the on the land registry paper work? i so want to see this, we have got a odd few angles in our garden front and back with no actual dimensions to the point its stopped me doing a extension it just would not work how i wanted it too.
 
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