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Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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Having recently purchased a property I wish to extend the back

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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.
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