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  • Boundary Dispute

    We have been involved in a four year dispute with a neighbour over a fence that was wrongly sited by builders. We own a converted barn on a development of 4 barns and the doctor who lives next door but one owns the other 3 barns which he rents out. Our neighbouring barn has a badly sited garage which meant the developer took part of the land originally meant to go with our property and sold it to the neighbour to enable his tenants to be able to reverse out of their garage. This means there is a driveway and turning point in front of our kitchen window. The builder put the boundary fence in a straight line from half way along our kitchen to the gate post when it should have curved round giving us more of the original land but allowing a small turning point for the neighbour's garage. The neighbours have fought us every step of the way, refusing to give up any land or meet us half way on any issue. We originally suggested appointing a joint surveyor to clear up the problem but they refused. After 3 years of battles they finally agreed to go to arbitration and be bound by the arbitrators decision. However, the arbitration came out strongly in their favour and went against all the land registry and deeds plans. These neighbours are extremely wealthy people and very well connected and we find the results highly suspicious. However as we have now sold our property we decided to accept the result and not to challenge it any further especially as it has cost us in excess of £7000 so far and we have 2 adopted children who have now said goodbye to their school friends and are registered at a new school and we don't want to unsettle them any further.



    The buyer of our property has insisted that a fence be erected all around the boundary to stop any further dispute and to define the boundary. The neighbour refused to have part of the fence erected as they claim it breaks a restrictive covenant. Their main reason however is that they don't want anything carving up the land they perceive as theirs and they claim the tenant will be unable to get out of his garage and has right of way over our land. The covenant in question states that 'there should be no building or fence in front of the building line'. However, nobody seems able to determine exactly where the building line is. My question is 'does anybody know how you are supposed to find out where a building line is in relation to land registry or other plans'. Any help would be gratefully received as we are at our wits end are now being threatened with a court injunction. Incidentally the doctor's wife even stooped so low as to contact our estate agent and tell her that the dispute was ongoing. Our buyer is fully aware of the situation.

  • #2
    coloratura,



    Sorry to hear about all your problems.I really hope the sale of your house goes through, it looks like you have had more than your share of problems.



    I can't offer you any advise, as your dispute went further than mine, I got some great advise from.



    http://www.gardenlaw.co.uk/



    The people here are really good at this sort of thing.The forum is open and the advise is excellent.



    good luck. Kevin

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    • #3
      Hi coloratura and welcome to the forum



      Sorry to hear about your dispute Unfortunately I know absolutely nothing about this sort of thing and all I can offer is sympathy. But I'm sure there will be other members who can give you some advice or at least point you in the right direction.



      Good luck



      Misty
      "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

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      • #4
        Hi Coloratura



        Welcome to the forum



        I don't know if it will be any good to you but I have found this site...maybe you will find it helpful



        http://www.gardenlaw.co.uk/boundaries.html



        Tri

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        • #5
          Oh dear!



          Kevin already did that one :lol:



          Welcome anyway



          Tri

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          • #6
            The building line is defined by your deeds and shows the outline plan of your property. In your deeds it should clearly show a drawing of what it is and how far it extends to. Your solicitor will have this.



            So say you have a section of land that has been granted either outline planning permission or outright planning permission on, part of that land will form an actual building plot.



            Generally speaking putting it into laymans terms it generally extends to the whole of your garden area as well as your property. That as a rule of thumb is about it.



            I still think seriously that you should employ a surveyor it would be money well spent.

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            • #7
              Sorry to hear about your boundary dispute. these can get very messy and expensive.



              Check your insurance policy for legal cover. You may be able to claim for the costs of a solicitor to help you. I'm doing this at present on my own insurance policy.
              Now, these creatures are bringers of death and misery. They will never eat, they will never sleep, and they will never stop.



              We are part of an ancient secret society. For three thousand years we have guarded the Cities and Towns. We are sworn at manhood to do any and all in our power to stop the NFH from ever being reborn into this world.




              So what's the plan?



              Rescue the damsel in distress, stop the bad guys, save the world.

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              • #8
                Welcome to the Forum coloratura



                Sorry to hear about your problems. Unfortunately, I don't really know anything about boundary issues, but hopefully the advice from other members will help you out.



                Hope it all works out for you.

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