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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Before we bought our new house the boundaries were

Resolved Question:

Before we bought our new house the boundaries were pegged-out by sattelite readings. Are these measurements legally binding? Our neighbour behind us who lives in a 17th century house maintains they are incorrect because he has the boundaries drawn- out on his deeds but the plan he showed me looked like a schoolboy drawing. Can you advise as we wish to put a fence up and is threatening to sue us if we encroach onto his land even by a matter of inches.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, have you had a survey by a surveyor?

Customer: replied 1 year ago.
but he did not determine the exact boundaries. The vendors employed "CD SURVEYS LTD" to do a Boundary Survey Title overlay which shows our boundary pegged-out both on a plan and physically on the ground. On this basis, we went ahead and bought the property. The plan accords with Crown Copyright OS map copy submitted with planning application to Mole Valley for an extension (now approved) to the property. Our neighbour at the back, as stated, refutes this and is being very difficult.
Expert:  Ash replied 1 year ago.

I would always make sure the fence is an inch or so on your side, that way there is no dispute.
You dont want to end up in Court spending £20,000 on legal costs for the sake of 1"

But if you do put the fence up and he disputes it, then the neighbour will need to get a survey and sue you. They would need a declaration from the Court about where the boundary is.

But the Court rules say the losers pay the other sides costs as well as their own.

But based on what you have said, I would put it up but make sure its just to your side for the avoidance of doubt.

Can I clarify anything for you about this today please?
Alex

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