ChatterBank1 min ago
boundarys
had a conservatory built 4 years ago neighbour now complaining im on his boundary what are his rights
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When we got ours, the local council put a letter out to all the neighbours and if they didn't agree,(if the council got enough no's)then it wouldn't go ahead. No one complained and it went ahead. We had a copy of the deeds so we knew what our boundries were but i would have thought that after all this time he wouldn't have a leg to stand on. Do you have a copy of the deeds which should show you the boundries?
If you're on the boundary, he has no complaint. If you're over the boundary, that's different.
But deeds are notorious for not having boundaries defined within them. If your deeds don't precisely specify the boundary, then his deeds are unlikely to do so either. In that case, proving you're on his property could be a lengthy and relatively expensive process for him.
But deeds are notorious for not having boundaries defined within them. If your deeds don't precisely specify the boundary, then his deeds are unlikely to do so either. In that case, proving you're on his property could be a lengthy and relatively expensive process for him.
The trouble with these situations is determining where the boundary is. Under England & Wales law, virtually all boundaries between land are defined by what is known as 'general boundaries' as distinct from 'fixed boundaries'. This means that boundaries are shown on LR title plans without referencing distances or fixed features on the ground.
The real questions to ask yourself is 'why is he doing this now' and 'what is the scale of his claim'. Usually these issues crop up at the time of construction.
In answer to the first question, only you can take a view - has he fallen out with you, is he after money, what does he really want, what does he think the remedy is.
The second question relates to the scale of the claim - is he saying the wall is actually built over (his preception of) the line - or is it just the guttering (say).
Above all, you want to try and resolve this without recourse to solicitors who make a fortune from such cases. And if the solicitors costs rack up, both sides start becoming entrenched in their positions and won't back down, meaning the costs rack up even quicker. Someone has to lose.
Try discussing it with him patiently and calmly to see what he wants. Take photos for your own benefit of the current layout of the features. If you have semi-house with him, it is a lot easier to see where the 'line' lies.
The legal process for resolving such cases at the Land Registry does exist - it is called adjudicition. It is not to be recommended.
The real questions to ask yourself is 'why is he doing this now' and 'what is the scale of his claim'. Usually these issues crop up at the time of construction.
In answer to the first question, only you can take a view - has he fallen out with you, is he after money, what does he really want, what does he think the remedy is.
The second question relates to the scale of the claim - is he saying the wall is actually built over (his preception of) the line - or is it just the guttering (say).
Above all, you want to try and resolve this without recourse to solicitors who make a fortune from such cases. And if the solicitors costs rack up, both sides start becoming entrenched in their positions and won't back down, meaning the costs rack up even quicker. Someone has to lose.
Try discussing it with him patiently and calmly to see what he wants. Take photos for your own benefit of the current layout of the features. If you have semi-house with him, it is a lot easier to see where the 'line' lies.
The legal process for resolving such cases at the Land Registry does exist - it is called adjudicition. It is not to be recommended.
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