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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.
May I clarify that the boundary line in practice is not the same as it is on the ground but your neighbours and you both agree that the physical line is the correct boundary line. Is that correct please?
May I enquire if you are still typing? FYI I should not need extensive detail on the above (to save your fingers) in order to assist.
The neighbours have never disputed the current line, and I am sure that they will agree if asked to do so. I have checked their registered plan and it does not include the area in question, which is a small plot about the size of a single garage. The de facto line has existed for over 30 years whilst we have lived here, without any form of dispute. It is only the fact that we received the registry plans today from the mortgage company, after we redeemed the mortgage, that has caused us to act. We always assumed that the land was ours, indeed the boundary was the same when we first moved to the house in 1984 as the previous occupant had erected a fence and shed there. It does raise the question, if it isn't on our plan, or the neighbours, then who does it belong to?
Thanks - just reviewing...
If you are able or for that matter 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. The cost of this surveyor can either by coverred by you or shared between you and your neighbour jointly and can in the case of agreement between you and your neighbour be prepared in accordance with your joint instructions. 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 your proposals.
There is a fee of £90.
If your neighbour agrees to this proposal as you suspect they will your respective title deeds will be updated with precise measurements which are legally binding going forward and the plan updated to show the agreed new boundary line. If theneighbour were to object to the proposal then this would be treated as a a boundary dispute which can be determined by the Land Registry Adjudicator though from what you say this is not likely to be the case.
Is there anything above I can clarify for you?
no, that is good. I guess i just goosle for a surveyor?
A surveyor will be easy to find to draw up a plan as almost every surveyor has this basic skill. You can either find one via google or via RICS using the following link:
Is there anything else I can help you with?
That is great, just wondering if the surveyor says our plan is correct and the the neighbours is correct then the land is in 'limbo'? Do we end up talking to the local authorities in that case?
Sorry to clarify - is the land in question which you wish to claim owned by your neighbours according to their title?
but according to our title we don't own it, in fact nobody appears to, although logic would definitely say that iut is ours
but I assume there is a deafault in that case which would be the local authority
Oh sorry we are at cross purposes then - I had understood from what you say above that the land in question formed part of your neighbours title and it was just that the line fell in the wrong place. If your neighbours are not shown on the plan as owning the land in question either the above is not the correct process. So if we can start again. Is the land in question physically enclosed within your land in practice?
Thanks. Is it part of your garden fence in or similar? If so since very roughly what year has this been the case?
it is part of our garden for at least 30 years
probablt moire like 50
sorry for the typos..
Thanks. On that basis you will have a claim for adverse possession of the land. A completely different procedure is required though and none of the above procedure is applicable. In order to raise an adverse possession claim you need to show that you have excluded all others from the land and treated it as your own. This requires typically evidence of a boundary which enables you to control access by third parties. From what you say this should not be difficult to show in your case.
This is the form you would need to make the application.
sorry to not be clearer in teh first instance
that is great, should I still involve a surveyor?
Not at all. Sorry the above link is not working. This one appears to be though:
just to be clear, best prepared by a surveyor, I guess
You will also need to supply a statement confirming the period it has formed part of your garden. Ideally you will be able to show 12 years prior to 2003 which means you can claim the land under the old system of advers possession which is better than the more restrictive current set of rules. From what you say this should be no problem for you. You can use the following form to provide the statement but in practice you will likely wish to ask a local solicitor to assist you with the same:
OK, you have been a great helpand we can show twelve years prior to 2003
Thanks, XXXXX XXXXX
You will not need a surveyor for this application but you will likely want to ask a local solicitor to assist. Alternatively if you prefer I can assist you in preparing the relevant statement and application for a fee of approximately £175-200 if you prefer which is likely to be around half the cost of a high street solicitor though of course you may prefer just to hand it over to a local solicitor.
If you require any further assistance though please let me know.
I am happy for you to do it Joshua
I can send you the plans
I would be delighted to assist if you wish me to. It would be necessary for you to email me a number of documents and for me to do likewise.
OK, can you please send me the list that you require to my email [email protected]
If you would kindly take a moment to rate my service to you today you will have the option to add a bonus payment. If you are happy to add can we say £180 as a bonus payment
Is that OK?
I will then be able to respond and confirm my email address and we can then correspond by email directly to complete the registration formalities. You can of course ask any further questions without further charge you may have
Sure, I am not exactly sure of the procedure, but will do that
where do I go on thius website to do that
There should be some smiley faces for you to click on and submit your rating and there should be an option to add a bonus payment that then appears.
OK, will do it now
it wont let me leave more than 144
for some weird reason my card has been blocked. i just checked with my wife and there is no shortage of funds in that account, so it must be a security issue. I can make a transfer to your account tomorrow if you send details to my email address
we will proceed straight away, just let me know how to pay you...
I assume that you have my email address ([email protected]