Please keep trying. My documents relating to the boundary are 74 years old and pre-date the houses on the other side of the stream which my neighbour owns. I am seeking compensation for the trees but my neighbour says as they were mostly in the bank of the stream they belonged to him.
My original documents include letters from solicitors attempting to define the boundaries. Originally the solicitors suggested the midpoint of the stream as the boundary but the solicitor for the then owner rejected that on the grounds that it might incur his client in extra costs in keeping the stream clear. Therefore my neighbour owns the stream which I do not dispute. My letters dated 1929-31 and a Statutory Declaration dated 1965 state that my boundary is the northerly edge of Shaw Brook which I take to be the water's edge. My neighbour claims that as he owns the whole stream he owns the banks of both sides. Is he right?
Is this judgement on the boundary of a stream in case law or will I have to allow the judge to decide at the hearing?