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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10345
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hope you can answer this question .. Back in 2013

Resolved Question:

Hi,
Hope you can answer this question for me..
Back in 2013 I bought a New Build house off plan. The house was in a new build development (so all the housed around me were new build as well). About 8 months after moving into my house, my neighbour told me that he was disputing the fence boundary between our two houses. He thinks the fence should be 1m further into my garden and then tapering back to where it currently attaches to my house (i.e wedge shaped). He basis this on the plot diagram in the TP1 document. However the red line boundary from the Land Registry matches exactly where the fence is right now.
His TP1 document and mine show this slight angle on the fence.
However, his red line boundary diagram and mine reflect where the fence is at the moment. The property developer hasn't been very helpful in this matter.
My neighbour has suggested that he can take me to court for trespass on his land.
What do you think about this?
Submitted: 11 months ago.
Category: Law
Expert:  Aston Lawyer replied 11 months ago.
Hi,Thanks for your enquiry.You do have to look at the Plan attached to theTP1 to confirm the extent of each Plot and thus the boundary lines. The Plan does reflect the legal extent of each Plot and the location of the boundaries.However daft it sounds, the Land Registry title plan is for identification purposes only and is certainly not a reflection of the true legal boundary lines.I hope this assists and sets out the general legal position.Kind RegardsAl
Expert:  Aston Lawyer replied 11 months ago.
Hi,Can I assist you any further?Kind RegardsAl
Customer: replied 11 months ago.
Hi,
Ok thanks for the response. One further question regarding the TP1 document.
The plot diagram that accompanied the TP1 document does not have any measurements or angles listed on it. Therefore how can we be sure that the fence is at the wrong angle? Maybe the house has been built at the wrong angle! I could take the reasonable opposite view and say the house is at the wrong angle. If the TP1 document has no specific details on it, then how is this proved? Also, the TP1 document was accompanied with a contract document between the developer and myself (I'm presuming that my neighbours contract will be exactly the same). In this document there is an entry that states that the developer may need to make adjustments to the boundaries of the new property but these will not significantly alter its area.To be honest its a bit difficult to see the slight angle on the fence from looking at the diagram on the TP1 document. You really need to squint your eyes to see it.Sorry, one more question. Should my neighbour have noticed this issue between his TP1 document and Land Registry document when he was asked to sign the final contract? He also moved into his house about a couple of months before I moved into mine (as mine was still being built). Would there be a reasonable case to say that he should have picked up these issue before my sale went through? If this problem was corrected before I moved into my house, I would be non the wiser about this.
Expert:  Aston Lawyer replied 11 months ago.
Hi,The TP1 plan would have been attached to the Transfer document you signed and which is then registered at the Land Registry. This document is the formal document to show the Land Registry that you had bought the Plot, and the Plan is the evidence of the extent of land you have purchased. (The Plan is also often attached to the Contract as further evidence of what you are committing yourself to purchase).The Plan to the TP1 must therefore be to scale or the Land Registry would have rejected it.TO be honest, therefore, the only way you are going to be able to clarify once and for all the correct boundary position is to instruct a Surveyor to look at the Plan and come out and measure the site. This would of course be up to your neighbour to do if he wishes to pursue matters further.He certainly can't take you to Court, as you are merely occupying the land which the "Developer sold you" in that it was them who put up the fences. Your neighbour would certainly not be advised by any Solicitor to take you to Court (any Court action costs thousands of pounds, even if he had a good case) and the sensible thing would be for him to instruct a Surveyor.As regards ***** ***** in the Contract, all Developers will insert a clause giving them the right to change the plans slightly if need be- this is put in the Contract in case they have made a mistake on any initial plan or the Land Registry raise a query on the Plan submitted to them.Your neighbour would not have been able to spot any discrepancy before completion, as all he would have been provided with would have been his TP1 Plan (his Solicitor would then have registered the TP1 at the Land Registry, and Land Registry then produce their own plan, for identification purposes).I hope this assists- I really don't think your neighbour will issue any proceedings, but it is up to him whether or not he goes to the expense of instructing a Surveyor to inspect.Kind RegardsAl
Expert:  Aston Lawyer replied 11 months ago.
Hi,I would be grateful if you could rate my answer.ThanksAl
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10345
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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