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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10534
Experience:  Barrister 17 years experience
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We have lived in our house in Surrey years. During

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We have lived in our house in Surrey for 15 years. During all of that time a fence has existed between our house and our next door neighbour's house. Last week we instructed contractors to replace the fence as it had become dilapidated. The fencer is considered "ours". The replacement fence is in exactly the same location as the previous fence and is no thicker or higher than it. Our neighbour insisted that work stop because he disputes the boundary. He has owned his property for 3 or 4 years. He claims that the boundary should actually be one metre inside our garden as "the original boundary was incorrect". He is planning to build an extension to his house on our side of the property and wishes to build up to the boundary, but still would like a path at the side of the property to allow access to the rear. He used the diagram from the title deeds and "scaled it up" to determine what he considers to be the true location of the boundary. And this just happens to allow him to build his extension AND a path down the side. Is his justification / calculation acceptable? And does the fact that the fence has existed in the previous location for at least 15 tears have any bearing on the subject?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Here what you need to do is to get an agreed survey carried out jointly, or individually to determine where the exact location of the boundary on the ground actually is. Agree upon a surveyor from the Royal Institute of Chartered Surveyors who is expert in boundary demarcation. Then have them carry out a survey to agree upon the line upon which the boundary should actually run. Be aware that "scaling up" the Land Registry map is no way in which to determine where the boundary runs. Here is a link to the website of the RICS where you can get a surveyor http://www.rics.org/es/tag/boundary-disputes/. This will avoid further disputes about the boundary. Be aware that the legal position is that you cannot claim squatter's rights to land any longer in relation to registered land which is what your land is. So, the line of the fence in the past is immaterial in determine where the boundary "should" run.
Expert:  Buachaill replied 1 year ago.
2. Your neighbour's estimation of the fence line using the map from the Land Registry is similarly a flawed way to determine the true boundary. Nowadays with geolocation devices, the precise boundary can be determined to less than a millimetre. Then the fence can be placed in the exact point where the boundary lies. This will avoid disputes about where the fence goes and where your neighbour can build his extension.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the answer, Jeanette, as unless you Rate the Answer your Expert receives no payment for answering your Question.
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