How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10398
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

Having recently purchased a property I wish to extend the back

Resolved Question:

Having recently purchased a property I wish to extend the back of the property. As excavation will be within 3m of my neighbour we notified her via a party wall letter, we had previously talked to her and she had met our architect. Our party wall junction and our garden boundary do not line up. Our vendor via our solicitor confirmed that the garden boundary had been in place for her occupancy of nearly 20 yrs. Our builder and architect believe our current extension is circa 1950 or before and that the garden boundary was established then. Our neighbour wants the garden boundary to match the party wall junction. If this is to be the case it will greatly affect our proposed extension, if not the build will not be on or overhang our neighbours property. Advice please
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Colin, what i would suggest here is that you agree that a survey be carried out jointly with your neighbour. In essence you agree that a nominated surveyor from the Royal Institute of Chartered Surveyors, survey the boundary and determine the correct line of the boundary. Then the boundary goes in this points.
Expert:  Buachaill replied 1 year ago.
2. If this is registered land, which given that it was built upon, it probably is (89% of UK land is registered land), then it is no longer possible to claim adverse possession to registered land. Accordingly, you cannot solve your boundary problem by relying upon the fact your vendor said the line of the boundary was where it was for 20 years.
Expert:  Buachaill replied 1 year ago.
3. So, rather than storing up future legal difficulties by putting the boundary line where you wish, or rather than subsequently engaging in litigation with your neighbour over a few feet of an extension, I would suggest you get the issue dealt with correctly and once and for all by agreeing a survey.
Expert:  Buachaill replied 1 year ago.
4. Nowadays with Computer Aided geo-location devices, the boundary can be pinpointed to a few millimetres. So the surveyor will precisely define the boundary. However, if you built over the proper boundary you are always at risk of having to take down your extension which overhangs the boundary. So it is best not to build without fully acertaining the correct boundary as the consequences are dire.
Expert:  Buachaill replied 1 year ago.
5. The law does not allow a person to "cure" a boundary overhand by long usage where the land is registered or unregistered. So before you built, you should ensure a correct measurement is taken.
Expert:  Buachaill replied 1 year ago.
6. Please RATE the Answer as unless you RATE the Answer your Expert receives no payment for answering your question so there is no incentive to answer any further questions.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10398
Experience: Barrister 17 years experience
Buachaill and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice