Boundary issue with Local Coucil

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    Boundary issue with Local Coucil

    HI All,

    I own a property for last 11 years - all of a sudden Local council sent a letter and telling us our House Fence is in Council land and it need to be moved back.
    - Since property was built, the fence is always there where it is now
    - To prove, using Google Earth - we took Google images from Year 2007 - images shows, fence is always there where it is now.
    - Since Council told me to move my fence back, I appointed a surveyor to help if my fence is in council land - Surveyor said - No, my fence is in correct position.
    - Ever after sending detailed surveyor report to MK Council - still they are asking to move my fence back

    I am unable to understand what council trying to here, also, I feel council trying to harass me and bullying me on this issue for no reason.
    Surveyor report highlighted all the points but council did not acknowledged on any points - simply sent us a letter and asking us to move fence back.

    In all honestly, I am at fault I am happy to fix it. But, since I never moved the fence position - I am not at fault and why should I move back.

    May I request for your expert advise - how to deal with council on this issue, what options do I have.

    #2
    I should point out that the fence has stood for at least 15 years, so whatever the council thinks, the land is now yours.

    (Adverse possession requires 12 years of inaction by the injured party, I believe.)
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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      #3
      I would be suspicious about what the Council think that THEY will gain by your fence being moved!

      Comment


        #4
        Hi JK0

        Thanks for your reply.


        May I know, list of documents/proof that we should put together to prove the fence is been there where it is now since past 15 Years.


        List I have:
        1. Photos from Google Maps - going back as latest as Year 2007.
        2. I can preate a letter and request my neighbors to sign & confirm the same
        3. Land Registry showing the Boundary

        Challenges I found while going through this process
        - We couldn't find Exact measurements of my House Plot Size ( Exact Length and Width), lack of this details is making it so difficult to defend my case. Surveyor tried all sources but no luck.

        - From Land registry document, with the red line boundary - it shows plot SHAPE (rectangle shape) that's all.

        Which documentation will be stand as Legally VALID documentation??

        Council keep sending Land registry document nothing else.

        Thanks





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          #5
          Has the Council said by how much you need to move the fence by? As if it's less than a meter, it is very hard to see what they will gain, as well as technically knowing the exact measurements. What is the neighbouring land currently used as? I guess someone within the council's legal team has some spare capacity.

          I would ignore it, until they decided to tell you exactly by how much you have encroached onto their land by.

          Comment


            #6
            Originally posted by VIKKI99 View Post
            Hi JK0

            Thanks for your reply.


            May I know, list of documents/proof that we should put together to prove the fence is been there where it is now since past 15 Years.
            I think you've got all you need really.

            If you were going to make a formal request to land registry to register you as the owner, you need a lawyer witnessed letter called a 'Statutory Declaration'. If you can track down the previous owner, one from them also.
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

            Comment

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