Boundary issues

anamcarame · 07-04-2010 11:54am #1

How do we prove that the boundary of our property is our true boundary? Some one has suggested we moved our boundary some years ago. Which we did not. We are not too sure which boundary is is question but would like to be forearmed if an official allegation is made against us. When our next door neighbour moved in some years ago they claimed a shared piece of land between the two driveways was theirs but as we had photos to prove it was shared half and half as their used to be a fence dividing it they backed down. (the previous owners and ourselves landscaped the verge in order to maintain it without having to cut grass as it was sloped and dangerous to bring a mower on to.) However, during a conversation recently the neighbour has now mentioned that they believe we have moved a boundary and that they have spoken to a solicitor regarding this. I would just like to know if it is possible ot prove the exact measurements of our property. Is Land registary the next port of call? Although I have read that boundary issues have to go to court if not agreed amongst two parties involved.

NUTLEY BOY · 07-04-2010 4:50pm

Sounds like the opening move in a land-grab exercise !

Boundary disputes are notoriously hard to resolve because boundaries are rarely delineated with geometric precision that is also equally legally binding. Also, what consitutes the actual boundary can alter with time for various reasons.

You can look at drawings on title documents and so on but they are rarely definitive statements that are uniquely probative of where the boundary lies. Generally, any evidence that you can collect or find to bolster your actual occupation and or use of the area in question will help.

We had a shared driveway arrangement with a neighbour. Our neighbour initiated a potential legal dispute over who had what rights. By reading the text of the title documents we established that each property owned their side of the drive to the mid-point but with the additional burden that each property was obliged to give the other right of passage over it in a vehicle or on a horse.

That cooled our neighbour quite effectively

In short, if your neighbour tries to assert ownership type rights over the area in question you need to consult a solicitor to deal with it as land disputes can become complex, nasty and messy. This is especially true if the neighbour is an arrogant bolix as in our case.

anamcarame · 12-04-2010 10:18pm

Ok neighbour has now gotten worse. They are claiming the boundary was moved and that it should be straight from the back of the fence. Halious as if it was straight using a plumbline it would encrouch on their driveway, They have not thought this through at all. We have no desire to engage in a neighbour war especially over a skutty bit of land and have said we will try to accommodate them by adjusting the fence as they claim they should have 800mm path around their house which they dont in one particular point but hey thats the way the builder divided the two properties 12 years ago. I think they have been harbouring a few things to be honest as she also said my pampas grass (planted on my side of fence) is a cutting hazard for her children and could take their eye out. I have agreed the grass will go at some stage as I never planted it. It grew from a seedling from the original plant she dug out 4 yrs ago when she moved in as she believed she owned the entire boarder. Its just Karma that it grew back. But now we are faced with a bigger issue....when we wash our cars in our drive way the water runs off past their drive and they have to drive through our suddy water and sometimes she has had ot sweep up some silt on the pavement!!! I cracked up listening to that one! Apparently she claoims that it is a stipulation of our planning permission when we built and extension some yrs ago. "All surface run off from roofs, entrances driveways etc. shall be collected and disposed of within the site to soakpits, drains or adjacent watercourses. In particular, no flow onto the public roadway or adjoining properties...." Well the drive is on a slope so the water will run off it and the drive was their before the extension and had nothing to do with the planning permission. I think it is just a standard paragraph to cover all buildings including new builds and drives etc. When she washes her car the water just seeps into the drive as hers is flat.

I asked if she was serious about this and she answered yes as they have to put up with driving through the water. The cars are washed about once every 5 weeks!!

Now I am thinking give her her straight line boundary she claims her solicitor advised her to reinstate as otherwise she wont be able to sell her house. But the boundary was never straight and we would end up gaining some of her land! What a silly woman!!!

NUTLEY BOY · 19-04-2010 4:36pm

Sounds like the refrain from the neigbour with whom we had bother.

Sometimes there is also a hidden agenda.

You may find that if you concede the point at issue you might then see a planning application to build something in your face that they could not build if they did not have the ground. This type of scenario can then leave you feeling as if you have been had !!!.

IMHO you should concede nothing. If they start any nonsense go see your solicitor asap.

Tester46 · 06-08-2010 9:56am

You should proceed carefully and with consideration. Even if this woman is completely bats, she lives right next door to you. Life is too short to have an unnecessary legal dispute with your next door neighbour.

My own approach would be to force a smile onto your face and talk to her about all the issues that are causing problems. It sounds like at the moment she is listing her issues and you have to react to those. Why don't you come up with a few of your own? Then try to compromise and do a deal - you'll concede on the fence if she lays off on the water from the driveway and gives you something else [from your new list of complaints], etc.

I would suggest that if you take the reasonable approach and if just isn't working, then you could consider splitting the costs of getting an engineer to review the boundary on the ground. Go to a solicitor as a last resort, as the situation will probably break down irretrievably at that point.

Oh, and a poster above made a good point - make sure that if you concede re: the fence that you are not giving her space to then apply for an extension or or something like that.

Anyway, good luck and no matter how much the batso lady gets on your nerves, keep smiling and don't show her your annoyance. At the end of the day, if you have to go legal, so be it, but try to keep it as a last resort.

nuac · 06-08-2010 11:25am

Would agree with Tester46 i.e. try to talk it thru and if not try to get an engineer to act jointly and make recommendations.

Legal route last resort in this situation. However I would talk to your solicitor about the best engineer to chose to try to sort out matters. Some are better than others at resolving such situations.

Good luck

Boundary issues

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