Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
How much of the fence has already been constructed please and over how many days?
I dont think any has been constructed yet - they have just removed all the old hedging as of today
But i want to make them stop to agree the location properly of the new fence
my apologies for the delay in reverting to you. I have been driving home
thank you for the above. Finally, you refer to hedging. do you accept that the hedging was planted on their land or do you content that the hedging they have removed was planted upon your land please? Have you taken any photos of the position before they remove the hedging and afterwards?
The hedging is fully on their land, and in my opinion helped define the actual boundry line. We have photos before and after. We mainly want to stop them removing the old fence posts which we believe represent the actual boundry or installing any new fence on what we consider to be our land. We can then revert to the previously agreed route of employing an independant surveyor to make a decision
Can we remove any new fence they install on the disputed portion of land?
thank you. Would I be correct to assume that you have obtained a copy of your title plan from the land registry but that the plan does not contain measurements - as is typically the case - and accordingly the plan is inconclusive in terms of where the boundary line lies?
Yes that is the case.
There are the original posts in most of the line which are agreed to be correct. Where there are some missing at the end the neighbour feels that the line cranks - the land registry plans do not support this however
thank you. If the neighbour disputes the location of the boundary line what you have effectively here is the potential for a boundary dispute if not from what you say, already a fully developed boundary dispute. If there is a dispute with regards XXXXX XXXXX location of the boundary line then the first thing to look at is your title plan which you can obtain from the land registry which you already have from what you say. Occasionally though not often measurements can appear on the plan. Where this is the case the measurements will be legally binding. More often than not however the plan will contain no measurements but will be expressed to be for the purpose of identification only.
In these circumstances the plan is, whilst drawn to scale, only for the purpose of identification and will not necessarily establish the exact location of the boundary line very precisely. Where this is the case you can either agree between you where the boundary line lies or failing which you would need to resolve the matter either using the RICS boundary resolution service or through the land Registry adjudicator or alternatively the County Court.
It can often be difficult to determine the exact position of a boundary in terms of centimeters or inches but a plan should enable identification of land in terms of several feet usually. As above, properties are generally registered with a plan for identification purposes showing the general position of a boundary. Sometimes it can be relatively straightforward to determine the location of the boundary by reference to another structure such as the house but not always and even then not necessarily with the degree of accuracy that may be required.
At the moment we have agreed to jointly appoint a surveyor - which i am happy with - but because we delayed in responding they have dclared it is ok for them to proceed with their viewpoint - i need to give them a strong reaction to stop work and revert to the appointment of a surveyor to decide
If you are unable to agree the location of the boundary line, you can ask the Land Registry to determine the boundary on the title plans by instructing a surveyor to prepare a a very precise plan showing the exact line of the boundary in the surveyors opinion. You will need to use a RICS qualified surveyor to draw up a plan. You then complete form DB (link below) and send to the Land Registry who will inspect the same and serve a notice on your neighbour offering him the opportunity to object to their proposals. You can include the evidence such as you have with your application and can show this to your surveyor when he is preparing his plan.
There is a fee of £90.
If your neighbour agrees to this proposal you can share the cost of a surveyor which appears to be at least one point on which you have already agreed. any dispute with regards XXXXX XXXXX position of the boundary can then be determined by the Land Registry Adjudicator. If the boundary is determined in the above manner then your title deeds will be updated with precise measurements which are legally binding going forward.
Thank you - what can i say to their solicitors to stop their work on the fence and revert to the action you suggest above?
and can i remove any fencing they erect in the meantime?
until the matter is determined, the land in question is a matter of disputed land and if either of you take steps to change or alter or build upon that lands, than the other party can serve notice on that person to cease and desist preserving your rights to obtain injunctive relief. This is a court order issuing an injunction requiring a person to cease and desist in the particular activity or activities generally in relation to the land in question.
if necessary, you can apply for an injunction as well as costs in your County Court by using form N16A
HOWEVER, THE THREAT OF AN APPLICATION FOR AN INJUNCTION SHOULD BE SUFFICIENT TO WARN OFF YOUR NEIGHBOURS PARTICULARLY IF THEY ARE INSTRUCTING SOLICITORS WHO WILL VERY LIKELY ADVISE THEM THAT PENDING THE OUTCOME OF THE DISPUTE, AN APPLICATION FOR AN INJUNCTION IS LIKELY TO BE MET WITH SUCCESS ON YOUR PART
(apologies the capitals)
Apparently they have been on our land without permission to do this work
on that basis, you could also add to your complaint, a complaint of tresspass
I assume they should have given us warning and /or requested permission?
great - thank you
indeed, in order to enter onto your land, they require your permission. Although trespass is not a criminal offence under normal circumstances, if they cause any damage to your land whilst trespassing you have the basis for a claim against them for such damage caused
is there anything else I can clarify for you above?
I think i am fine thank you, XXXXX XXXXX need to take your points above and compile a note to their solicitors
of course. You should be able to copy and paste the thread into a document or failing which, I could ask customer services to email you a copy.
its copied out ok thank you
A pleasure. If I can assist with the above any further as the situation develops, please do not hesitate to contact me
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