Dispute over boundary land

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  • Lawcruncher
    replied
    Unfirtunately there is rarely black and white when it comes to boundaries. Have a look at the following two threads to get an overview and then come back with any questions:

    http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=2247

    http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=3149

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  • cazamoran
    replied
    Originally posted by Lawcruncher View Post

    In that case the wall has to be the boundary.

    Tell the neighbour that if he deposits any more refuse on your land you will report him to the council for fly-tipping and sue for trespass.

    Check your title to ensure that the neighbour does not have a right of access to carry out repairs. If it does not, when workmen come onto your land politely inform them that they are trespassing. If they decline to leave inform them you will call the police and tell them there are intruders on your land.
    Thank you for this reply We have applied to the Land Registry but have heard nothing after about 5 weeks of waiting. We were thinking of cancelling the request to them and maybe tell them what advice we have been given Is there something in black and white that you know of, that we could point him to when (not if) he argues the case?

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  • Lawcruncher
    replied
    Originally posted by cazamoran View Post
    At the same time as the house was built, immediately after, some 13 years ago
    In that case the wall has to be the boundary.

    Tell the neighbour that if he deposits any more refuse on your land you will report him to the council for fly-tipping and sue for trespass.

    Check your title to ensure that the neighbour does not have a right of access to carry out repairs. If it does not, when workmen come onto your land politely inform them that they are trespassing. If they decline to leave inform them you will call the police and tell them there are intruders on your land.

    Leave a comment:


  • cazamoran
    replied
    Originally posted by Lawcruncher View Post
    At what point was the wall built?
    At the same time as the house was built, immediately after, some 13 years ago

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  • royw
    replied
    Not if they stay on their own side of the fence. I've had years of people thinking they can tip their garden waste into our fields. They may or may not realise poisonous plants and lawn clippings kill livestock. So far they've all come to understand that tipping onto our land causes themselves more work. The type of people who do it are, in my experience, the most likely to ignore a polite request.

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  • Lawcruncher
    replied
    Originally posted by royw View Post
    This is probably the wrong answer but I'd return his property by throwing it across his garden.
    It is! The action would be a trespass.

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  • royw
    replied
    This is probably the wrong answer but I'd return his property by throwing it across his garden.

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  • Lawcruncher
    replied
    At what point was the wall built?

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  • JK0
    replied
    Talk to dad?

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  • cazamoran
    started a topic Dispute over boundary land

    Dispute over boundary land

    This might take a while, you may want to grab a cup of tea!
    Ill try to condense things. A friend persuaded us to sell part of our garden upon which he obtained permission and built a house. After failing to sell the house, his son now lives there. I started noticing that along the boundary wall, building rubble, and various other things were being thrown over from the property. I questioned this with the son, he said he owns a metre of our garden so will continue to put things over. He also is constantly having work done in his garden and instructs the various builders to work from our side of the wall rather than his side, resulting in our garden being very messy and his staying very tidy. On looking at our plans, the area marked out as theirs, is drawn in quite a thick felt pen. My husband seems to think that the width of the pen is causing the confusion, and that it could represent a metre in reality. I suggested that if he feels the wall is in the wrong place, then they should rebuild the wall to incorporate the metre he thinks is his. He is insisting that we build a wall, which would be very costly. My husband says we should put a fence along the metre, but Im unhappy about that as I feel the neighbour will dump stuff in there, and it will be visible to us but not to them. We have applied to the land registry for confirmation but its been weeks now, and heard nothing and Im keen to get this sorted as the neighbour is very difficult to deal with. The father built the wall where he did, probably because it was easier as, along the line of the metre is a large tree, and I believe the father still owns the house, but rents out to the son. Shouldnt this make a difference in terms of what the law is regarding this matter, as the owner of the house was the builder of the house, and the person who made the error? My feelings are that the wall should either be moved, or the metre forfeited and draw a line under the whole thing And work at being neighbours to each other, rather than being at odds Doers anyone have any advice?

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