Hello All,
Thanks for setting this forum up.
I have been going through a boundary dispute since I moved into our current property a little background below:
We moved in on the 12th of July 2016 and the following day my next door neighbor tried to moved the fence 12 inches my side, we had a few arguments and police were involved and told him to stop and seek legal advice.
My neighbours reasoning behind his hostile takeover is that the title plan shows the line between our properties to be right in the middle however on the ground it shows that I have around 70% of the side land.
There is a good reason for this as I have a garage on my side, I appointed a solicitor to investigate the issue and go through my title deeds and found nothing in my neighbours favour.
I have also had a survey done on my side which outlined the limitations of the title plan and advised that the boundary looks to be in the correct position all along obviously my neighbour refused my findings. Luckily the previous owner of my house has been very helpful and provided photos and most of the old documents in his possession. one of the docs is a letter from the council granting permission to build a garage.
My neighbour intended to build a side extension which is why he wanted more land. We are now in a position where he has finally agreed to a joint survey but I am still quite weary as his solicitor sent me a letter outlining his evidence which is just dissecting the title plan and drawing lines in the middle showing the extent of the encroachment I have supposedly taken.
I can confirm that the fence which separates our land has been in its current location since the 1980s (photographic proof) but I feel the joint survey will go down the adverse possession route which my neighbour will just say he was right and I should still move my fence to reflect what the title plan shows.
My question is:
My neighbour only the title plan and possibly a plan held by the council dated 1966 showing the plan of my garage.
where as I have photo's and I also checked google maps which allowed my to go as far back as 2001 showing the boundary in the same position it is now.
I don't want to escalate the situation but would rather resolve this amicably worse case will be that I will never be able to use my garage.
Your input is greatly appreciated.
Thanks for setting this forum up.
I have been going through a boundary dispute since I moved into our current property a little background below:
We moved in on the 12th of July 2016 and the following day my next door neighbor tried to moved the fence 12 inches my side, we had a few arguments and police were involved and told him to stop and seek legal advice.
My neighbours reasoning behind his hostile takeover is that the title plan shows the line between our properties to be right in the middle however on the ground it shows that I have around 70% of the side land.
There is a good reason for this as I have a garage on my side, I appointed a solicitor to investigate the issue and go through my title deeds and found nothing in my neighbours favour.
I have also had a survey done on my side which outlined the limitations of the title plan and advised that the boundary looks to be in the correct position all along obviously my neighbour refused my findings. Luckily the previous owner of my house has been very helpful and provided photos and most of the old documents in his possession. one of the docs is a letter from the council granting permission to build a garage.
My neighbour intended to build a side extension which is why he wanted more land. We are now in a position where he has finally agreed to a joint survey but I am still quite weary as his solicitor sent me a letter outlining his evidence which is just dissecting the title plan and drawing lines in the middle showing the extent of the encroachment I have supposedly taken.
I can confirm that the fence which separates our land has been in its current location since the 1980s (photographic proof) but I feel the joint survey will go down the adverse possession route which my neighbour will just say he was right and I should still move my fence to reflect what the title plan shows.
My question is:
My neighbour only the title plan and possibly a plan held by the council dated 1966 showing the plan of my garage.
where as I have photo's and I also checked google maps which allowed my to go as far back as 2001 showing the boundary in the same position it is now.
I don't want to escalate the situation but would rather resolve this amicably worse case will be that I will never be able to use my garage.
Your input is greatly appreciated.
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