boundary wall dispute with council advice

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    boundary wall dispute with council advice

    Hi.

    Looking for some advice please regarding a boundary wall which I share with the council (I think!).

    Its a bit difficult to explain, so I have attached some pics. I believe I am missing around 1.5 sq meters which has a 2 meter high wall build around it.

    I know there are some laws about the length of time the wall has been there etc., but my property was bought 4 years ago, and the wall was there when I bought it. But my land registry shows that it is still part of my land? I only recently realised this when I reported the far side of the wall was in danger of falling, and was checking my papers to see if I had to make the repairs.

    The "disputed" area is part of an allotment, which I believe is owned by the council. I have contact the council (Tower Hamlets) but they are of no help, and say this is a civil matter. I only wanted to check if they agree with me, so I could take the wall down without getting solicitors involved.

    I need help/advice :

    1) Am I reading the land-registry correctly? i.e. is that area part of my land as the red-lines suggest?
    2) How can I confirm get contact details of who the owners are of the allotment? as Tower Hamlets are being useless. Even though I am sure it is Tower Hamlets Homes.
    3) Can I just take the wall down? as it is my land - and build another around the real boundary ?
    4) What type of solicitor do I need, any recommendation on solicitors, and roughly how much would it cost?

    It is only a small piece of land, but significant on my part, as I currently only have an 80cm gap to get from my front to back pieces of garden.

    thanks!
    Saif

    #2
    1) Am I reading the land-registry correctly? i.e. is that area part of my land as the red-lines suggest?

    That is difficult to say given the size of the area and the scale of the plan. Please also bear in mind that the main purpose of Land Registry plans is to identify property rather than show its exact boundaries; they only show general boundaries. Please read these two threads:

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

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

    Also take a look at this site which covers just about everything on boundaries: www.boundary-disputes.co.uk.


    2) How can I confirm get contact details of who the owners are of the allotment? as Tower Hamlets are being useless. Even though I am sure it is Tower Hamlets Homes.

    You can do an index map search here: https://www.gov.uk/get-information-a...-the-index-map.

    3) Can I just take the wall down? as it is my land - and build another around the real boundary ?

    You need to establish you own the wall before you think about taking it down.

    4) What type of solicitor do I need, any recommendation on solicitors, and roughly how much would it cost?

    There are two professions you contact if you have a boundary problem.

    One is a solicitor (or other lawyer). A solicitor can advise you on the law, but there is not going to be much law in this case. If you instruct a solicitor you can soon run up a four figure bill without achieving anything.

    The other is a surveyor. Surveyors can measure land very accurately and if you give them an accurate plan they can identify where the land is. However, even using the latest technology, they cannot conjure up a precise boundary from a plan which does not tell them precisely where the boundary is. As stated in the reply to question 1, the Land Registry plan is not sufficiently accurate and only shows the general boundary.

    I would strongly advise against engaging any professional because there is a high probability that you would only incur expense without a positive result.

    Even if a surveyor feels he can conclude that the area in question comes within the red edging, that is not the end of the story, as I think you already suspect. The key question is: How long has the wall been there? If it is in danger of falling that suggests it has been there for many years. If it has been there for many years then the boundary runs somewhere in the wall or along one side or the other so that you cannot claim the land in question.

    I think what you need to do here is forget about claiming the extra land and concentrate on getting the council to come and look at the wall to determine if it is dangerous. If it is concluded that it needs to be rebuilt you can then suggest it is in the wrong place.





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      #3
      The only winners on boundary disputes are the legal profession

      Comment


        #4
        Lawcruncher thanks for the detailed response; that is very useful. It kind-of confirms what I feared

        In fact, I did already get the council structural engineers out to assess the wall, and it does need attention. They have forwarded it to the relevant department a few weeks ago, but I am yet to hear back from them; If it did come to them rebuilding the wall, I will suggest they use the correct borders. Unfortunately the wall extends about 7 metres, and the issue is on the other end of the wall, so they probably won't have to rebuild the disputed end.

        The wall is not too old (I am guessing it is only ~10y, but built before I purchased the property). It is in bad shape in certain parts due to ivy previously being grown on it and cracking it open.

        I was hoping as it was the council, they may have been more understanding in giving it back (if it is indeed mine to begin with).

        I will look through the resources you provided.

        thanks again!

        Comment

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