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boundry issue


mattyg1086
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just to give you an idea of what costs can get to and probably beyond. a very good friend of a friend was having a boundary dispute ongoing last year over his back garden in a small urban semi, i cannot give you the exact details but do know for sure that his solicitor or lawyer (apologies if one is not the other) was extremely confident to the point of that it was a done deal that the dispute would be upheld in his favour. anyroads he pushed forward with it and was confident, he lost the dispute and had to pay all costs which amounted to £23,000. financial devistation and quite traumatic i would think in his circumstance.

 

atb with it

7diaw

:eh: OMFG!!!! :hmm: ..... thats a mighty fine pool ya got there neighbour!!! I'll just put a fence up if thats alright!

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So they sold it saying no boundary changes, then changed the boundary the day you moved in , yes? If they / you signed saying no boundary changes then what's the problem ? You bought it "as is" and they signed to say so. Just claim the pool and any other land you bought..

 

Am I missing something here? You bought a house then said nothing as your neighbour built a swimming pool in what you thought was your garden?

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I'm confused.

Whenever We've moved /changed houses the documents come with a street plan with a red boundary line which dileanates the property in question, including gardens. And there is a different scale drawing showing just the property again with the red line showing what we were buying. And these are lodged with land registry.

Did you not have a drawing dileanating what you were buying? If you did then did it show the full original garden or only a smaller garden i.e. excluding the area where there is now a pool? Alternatively, Is the property properly described in the contract of sale. Either of these will identify what you bought. If so then you should be aware of what you bought. so how does a boundary dispute now exist?

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Our next door neighbour used to own my property as it used to be his in laws they took over the garden in my property and built a small swimming pool in the end of what would be my garden i currently have about half of the full length but we are unsure as when the sale went through there was nothing in the contract about any boundary changes and thats when they moved that land into thier name its very complicated to explain without pictures

Unless I'm missing something I would have thought that the first step would be to speak to your solicitor and ask them to check the deeds and let you have a copy of the plan.

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I'm confused.

Whenever We've moved /changed houses the documents come with a street plan with a red boundary line which dileanates the property in question, including gardens. And there is a different scale drawing showing just the property again with the red line showing what we were buying. And these are lodged with land registry.

Did you not have a drawing dileanating what you were buying? If you did then did it show the full original garden or only a smaller garden i.e. excluding the area where there is now a pool? Alternatively, Is the property properly described in the contract of sale. Either of these will identify what you bought. If so then you should be aware of what you bought. so how does a boundary dispute now exist?

 

What he said :good:

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Speak to the solicitor who you used for the purchase and ask for a copy of the title plan. This shouldn't cost you anything and it may have dimensions for the boundaries.

 

If this doesn't clear the issue you may need to get a firm of surveyors (use land/topographical surveyor not quantity/building surveyors) to mark out the legal boundary. This would probably cost about £800 - £1,000

 

If this doesn't clear it up you will need to employ a solicitor and this is where the costs will start add up.

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I would have thought that the Land Registry entry is the definitive record of who owns what. Go back to your solicitor who handled your purchase and ask him or her for clarification as to what you actually signed up to buy. If they do not co-operate, I would raise a complaint with the Law Society. If it turns out that you had got what you paid for and that you misunderstood the documents, I am not sure what you can do about it (if anything).

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Although the OP's case might be cut and dried I am surprised that there are not more disputes over boundaries If you look at modern (small) plots and the thickness of the pen on the Land Registry map marking the boundary the boundary line is probably 2-3 foot wide. And some people would go to war over a few inches let alone a couple of feet!

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Although the OP's case might be cut and dried I am surprised that there are not more disputes over boundaries If you look at modern (small) plots and the thickness of the pen on the Land Registry map marking the boundary the boundary line is probably 2-3 foot wide. And some people would go to war over a few inches let alone a couple of feet!

ah well that opens up the issue of cadastre - there are specialised surveyors who deal with this. Any sensible resolution might however go for the middle of the pen line on the ground!!

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  • 4 weeks later...

Boundary disputes can be very wearying. We had a prospective new neighbour try to blackmail us into giving up part of our large garden (detail would take a few pages here so accept very shortened version) but with the aid of our plans, someone with history of our very old property and a cheap surveyor we actually discovered we owned half of next doors long driveway. So I decided we would reclaim my land if he proceeded with the sale. He would then not be able to use his driveway. He took house off market for a few months - blackmailer dropped dead. Good result.

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