Morning all,
Long story short is:
New neighbours that moved in around 12 months ago have been giving constant hassle around the boundary line, claiming my fence is on there property, and their deeds allegedly state that they have 9ft from there wall which is his entire defence and justification.
The fence which sits on a redbrick wall has been in that original position for over 40 years. For obvious reasons I do not want to move this. Now at the back of the property the neighbour used to have a garage that sat on the other side of this brick wall, however they have started building a new garage and built this on top of the brick wall which essentially comes over the boundary line which he is so obsessive over.
I am not happy about this, and obviously want this removed, in addition to this I want him to **** off regarding the boundary issues. I have tried speaking to him and he is just being difficult.
For obvious reasons courts and solicitors are a absolute last resort as it just seems like a waste of time, money, and the boundary dispute marker on the properties would not be great.
Could you please advise on any other way of dealing with this? Is there anyway I can get him to remove this garage he has encroached on to my property.
Thanks all
You cannot work out the boundary from the Land registry title plans as these show a general outline only and carry a warning to this effect. They cannot be measured from as they are based on Ordnance survey plans and these cannot define or alter property boundaries by law due to accuracy limitations. Your best bet is to get a survey done and be careful who you choose as it has to be a demarcation survey and they carry out a measured survey from physical features still in place and many surveyors do not appear to understand they cannot use the title plans or O.S. plans to measure from. Remember the house that was built and sold first will take precedence in law over the house that came later, the original fence and or walls installed by the developer will define the boundary in law as it was these that created the boundary originally between the two properties. The title plans can be helpful in indicating what the original developer intended and are usually a design plan used as a conveyance plan and not an "as built" plan, hence the need for a comprehensive survey.
If you don't do anything and just leave it and it is your land the neighbour over time will be able to claim adverse possession (although they have to meet certain conditions in order to do so i.e. they have to do it in a open and honest way and not be hostile if questioned about it by the land owner. It is difficult to claim adverse possession on open plan land as one of the requirements is to enclose it with a fence for their own exclusive use and the nature of open plan land means this condition cannot be met) Also your neighbour will need to have his new build checked for building regulation approval or planning permission so log onto the relevant planning portal to see if they have done this and if they have not it would be worth phoning planning to see if they should have done so. They would also need to confirm to planning that they do indeed own the land their garage is built on.
Neighbours often "land grab" in order to erect buildings or structures they do not have the room for in their own plot/curtilage and they don't take responsibility for buying a house that is not fit for their requirements.
It is cheaper in the long run to get a demarcation survey done by a surveyor that specialises in historic boundaries and deal with the matter to stop future problems.
Remember your neighbour purchased his house with the wall or fence defining the boundary in place so ask him to explain why he now thinks the boundary is in a different position and he is now entitled to more land than he purchased and what he is basing his opinion on.
Also if the fence/wall does belong to you and your neighbour has removed it without your permission then he has criminally damaged your fence. You must not paint, affix trellis or boards, grow climbing plants upon or otherwise interfere with your neighbour’s fence without their permission. To do so would be causing criminal damage.
Trespass at its simplest, it is intentionally entering on to a person's land without permission. Trespass to land takes many forms and can range from someone walking over your garden; squatting on land or in a property; encroaching over your boundary with a fence or building; or even fly-tipping on your land. What are the types of trespass?
The most common form of trespass is entry by the trespasser on to the plaintiff’s land. Other forms of trespass include:
- Placing objects on the land, such as fly tipping.
- Removing land or property from the plaintiff’s land.
- Abusing an existing right to be on someone else’s land, including remaining on the land when permission has expired.
https://www.linkedin.com/pulse/resolving-boundary-disputes-lesson-1-boundaries-land-nicholas-isaac
www.boundary-problems.co.uk
I have just read your post again, I very much doubt your neighbour would get any sort of building regulations/planning approval for a structure that was built on an existing garden wall. Also look at the wall and if the supporting piers of the wall are your side of the wall it is likely to belong to you. If that is the case the outside face of the wall will likely define the boundary but without knowing what sort of property you have I can't be sure. A surveyor that understands the position would be able to advise on that. The boundary problems website gives comprehensive advice on garden walls and it is worth checking the website, incidentally Jon Maynard is the sort of surveyor you would want as he understands all the rules and regulations.
Good luck.
