I have owned a house (built as a single house in 1885 with a retaining wall around the large garden - that separated it from a much lower lying nursery on the South and East sides) since 1986. Since the 1920's the remaining nursery has been built upon but my house is still separated from the newer properties because my garden ground level in some parts is 15' higher than the surrounding property level's and still retained on the East and South by the wall's which are original. Who owns them?
In explanation, on the North side my cottage fronts onto the pavement. On the West side my neighbours are on the same level as myself and have boundary fences. On the East side my neighbours garden slopes so that over the 180' length of my garden his drops quickly from par to 15' lower than mine at the bottom. My two Southern Neighbours are in a different street and over the 85' width of my garden the slope across their gardens runs between 12' to 17' lower than the top of the retaining wall holding my garden in. Thanks,Customer/em>
I should have made myself clearer, that is exactly what I want to know. My wife passed away recently and I now hold both our shares of the house in trust for our children.
My problem is that I have residual brain damage caused by two brain haemhorrages in 1994 as the direct result of the stress caused by aXXXXXbattle and have a total intolerance for court actions.
At 68 I suppose I am feeling my mortality and just want to have everything tidied up for them.
However, I had a bad experience recently with someone who purchased my last house - in 1970 - off the person I had sold it to in 1986. I had retained a plot of land between this house and a neighbouring farm.but 5 years ago when I was in the process of applying for planning permission the couple who had purchased my ex house had "adopted" the plot as their own and I began receiving demands from a company of solicitors seeking costs of £3,000.00 on behalf of their client. Very reluctantly I ceded the land to them to cover their costs.
So, with my present home I need to be certain that everything is straightforward. I understand from the two neighbours whose property touches mine on the Western side that their hedge / fence on the Eastern side is their boundary and on the Southern side the "lower" retaining wall is the boundary for #8 with # XXXXX ( the adjoining cottage to mine) having a fenced boundary running East /West halfway down my garden. The woman we bought our cottage from had lived in it herself and owned both cottages so kept the major part of the garden for herself. I have a builders invoice in my deeds dated in the 50's for repairs to the retaining Eastern wall. Regards,Customer
Dear Wingrovebuyer. the Solicitors - presently in the person of Ms Haynes - who have handled my housing business for over 30 years, ( I met one of the partners then when he was duck shooting on a smallholding we owned) and they keep our deeds in their safe.
Unfortunately they don't have any backbone, don't handle litigation or anything other than conveyancing & willwriting. On the previous land issue I ended up at the C.A.B at the R.C.J seeking assistance.
The Mr Anthony Fielding at the Land Registry initially suggested that I asked my neighbour's to the East (1) and South (2) for letters stating that they have no claim over the walls. ( he named `Lymore'*, the house that only has a 1 metre wide section - in 30 metres - as someone to ask. To my way of thinking if you invite a relative stranger to become deeply involved with your very important financial affairs you are inviting spurios claims.
This morning I received a letter indicating that Mr Fielding could preferably conduct a site meeting, which I cannot imagine will be confidential, perhaps we should hold it in the market square so everyone can give their opinion - or at the L.R office.
This, after writing a letter expressing my concerns before 8 February after which the application would be completed.
Although not beneficial to my wellbeing I refuse to be steamrollered over by Civil Servants - especially those in a legal capacity - and would rather go for the throat. I told Ms Haines in our last telephone to relay to Mr Feilding that if my proposal wasn't acceptable He should cancel my application, return my fee and I woult take up the issue either through his Minister or a Petition to the president of the European Union. I think that you will now see my position. Perhaps you can draft a letter for me to The Land Registry putting my position in legal-speak. The bite in the tail for the L.R would be that as they set the rules I could follow suit and should any of my neghbours on the East/South put up their homes for sale I could claim that Mr Fielding / LR had informed me that there was a boundary dispute over the retaining wall.
* `Lymore' isn't on either the 1885 or 1926 O.S maps, the owner has the same name as the local Conservation Officer and apparently chaired the planning meeting that granted him, under the guise of a "garage extension" permission to erect a huge timberframed glass porch on the front of the existing double garage, which he admitted at the meeting he was using as occasional acommodation. His is the garden that has a metre of my wall in it and perhaps 15 metres of a much lower wall along the Southern edge of my Eastern neighbours garden. regardsCustomer/p>
Dear Wingrovebuyer please continue. Given the attitude of the LR this is only going to be settled by a straight rebuff based upon statute. Here we are 150 years after my house was built on a peninsular overlooking lower land and a man at the bottom of my neighbours garden , not mine, whose house was built 50 years ago, should be asked to agree that he doesn't have a claim over my property. That is ludicrous.
If necessary I can send the LR letter and extracts from the O.S maps
Dear Wingrrovebuyer, I don't have a scanner at the moment but can get the LR letter to you in the morning. What are the mechanics of doing that? ThanksCustomer
I am sorry that you think that I would lie to you. After spending a couple of hours on it and having been unable to make sense of the electronic instructions for attachments I phoned the helpline who instructed me to e-mail it to XXXXX@XXXXXX.XXX which I did at 12.41, it went through.
At 13.37 I received a mail from XXXXX@XXXXXX.XXX which said
Hello thanks for your mail we have sent your files to your professional, and you can post any comments to them directly on your question page where they can see them. Thank you for using the site!
Lori, Pearl professionals Moderator Ticket details
Ticket ID : VIU-335-76110 Department: Experts
At 14.07 I received a request for me to complete a survey on the helpfulness of the Phillipines based call centre sent by Pearl.com LLC atXXXXX San Francisco, CA 94129
Thank you. this all began with a letter from the LR that was waiting for me on 21 January when I returned from a trip to Australia that began on 04/12/12 As my wife had passed away recently I needed to transfer all of her estate into my own name to keep up the Trust we had set up.
I therefore needed to "first register" the house, garden and retaining walls on my East and South sides - built pre 1862 - that keeps our flat plot and the neghbours to our West from being undercut by the water that historically comes down the sloping road to the East and then at its lowest point diverts down the sloping gardens of two houses to the East. The situation is that at the South eastern corner of my retaining wall (69m long) there is a ground difference of 4m in my favour between the gardens.
The land at the bottom of my garden was allways a nursery until two houses were built in 1902. It Too was considerably lower than mine as it had its own Eastern slope runoff. At this lower area the water sources combined and went down a valley heading South to the River.
I don't know if you were passed a copy of this letter with my file as it was e-mailed to Wingrovebuyer yesterday along with the 1862 and 1855 maps The letter is from Anthony Fielding at the Land registry and dated 23/01/13
Title number SL220014
Unfortunately the evidence is insufficient for the Land Registry to be in a position to make a note on the register. We will require written comfirmation from the proprieters adjoining the Eastern and Southern boundaries that the situation regarding the wall is as suggested in your letters. The adjoining properties are The Gables, Julian Road, Lymore cottage, Livesey Road, Rosedale, Livesey Road and 16 St Julians Avenue.
The ideal form of comfirmation would be a deed (with plan) signed by all parties but signed letters (with plans) by all the neighbours confirming the same would be acceptable. In this case notices might be served. Consideration would then be given to noting such evidence on the register
Please note that the first registration will be completed on Friday 8 February 2013 in the absence of the above imformation
It would appear to me that Mr Fielding has ignored our confrontational system of Justice and just wants to cut out all the dross of having a standard complainant v respondant situation overseen by a Judge/ Arbiter and prefers to be a French examining Magistrate.
While fantisysing like that what is the point in presenting any evidence for the phantom complainants when you can have the defendant destroy his finances and credibility by paying to have his neighbours take what they want.
The Gables, a detached house appeared in the Valley to my East in 1926, some 64 years after my house was first indicated on a map
Lymore Cottage - which is a detached house with a large detached cottage made from a two storey garage with a huge Oak and glass porch - which borders the end of the Gables garden which is several metres longer than mine - appeared circa 1970, some 108 years after mine was built. Rosedale (which is in St Julians Avenue) and number 16 St Julians Avenue were built in 1898 / 1902.
Number 16 has its own boundary fence built a foot inside their garden and thus away from the retaining wall. In 1986 when I moved into my house I ran a wooden fence along the top of the whole of of my Southern wall primarily to Rosedale and my lower neighbours from burglars who traditionally used my garden to gain access to the houses in St Julians Avenue . It didn't hurt that we moved in with 16 St Bernards kenneled in a stable at the bottom of the garden.
I would welcome your suggestions as with my brain damage I might tend to go for the complaint approach.
If not The LR letter reads verbatim.- having crossed over with some OS maps/ photographs sent by my solicitor, who doesn't do contentious matters.
Thanks for the background. I dont have the letter emailed.
I simply need to know briefly
1/ Yes, the wall ownership is the issue to the HMLR
2/ I have not had any discussions over the matter in the 27 years I have been here, with the neighbours.
3/ My stance is that (a) having the original builder cart in and erect 250 tons of brick and stone to form the retaining wall wasn't done lightly.(b) as each of the other properties came over a 100 year period I doubt very much if the erection of the walls was a thing planned for the future with them in mind that is except to prevent my house / garden and The Manse from being undercut by surface water and sliding to the East and South. (c) all of the mentioned houses were built on individual plots and in different styles. 4/ they seem to want to exclude the walls from my registration.
ps: I wouldn't think of walking into Maudes house ( Rosedale ) she being in her 80s and infirm and saying, here Maude, do you remember when we spoke the other day about you selling up and moving into a bungalow? I have received a letter from a Mr Fielding at the LR who says that you could have a claim on part of our property. Would you dig out your deeds and show me so that I can take a copy. By the way, even if they show that there is no claim perhaps Mr Fielding might not take our word for it in which case should any of the four claimants decide that they would make a frivolous claim we could all be tied up in a boundary dispute for ages that would blight the value of our houses! She would probably drop dead.
In the event, any or all of them could have never contemplated the question.
In our adversarial system it takes a complainant and a respondant to have an issue with a strict procedure following. I haven't been served with any statement of claim and so I don't think that there is a real claimant, it is just Mr Fielding playing the French examining Magistrate
I have brain damagre and disorders caused by "two bleeds" that came from fighting a five year court battle.. Therefore I have a total intolerance of people like Mr fielding who seek to intimidate, bully or harass me especially in legal circumstances thats why I need a level headed person in support.
Good question, I dont really know .
Perhaps it is the fact that I have always maintained it, erected fences on top[ of the stone and put thorn hedges behind to shield me from the upstairs windows of the three houses at the bottom of the garden.
Or, perhaps a good fight with a civil servant is what I crave. Having been in a coma for 3 weeks after my bleeds it is quite usual for either my GP or Neuro psychiatrist to write a letter to a court for even the most trivial of motoring offences advising them that it is inadvisable for me to appear on health reasons. Can you advise on the legallity of what Mr Fielding has written and how to put that forward. It is too late in a weeks time trying to claw back some lie that has been entered without my knowledge. I would probably insist that a note/Mr Fielding's letter be attached to the register advising everyone that he had recognised a boundary dispute between the 5 properties.So, I either get my total registration, a clean register or a noted register.
I am not going to be able to assist further. I will opt out for another expert.
Sadly, after our problems of last week I reverted to "my way" which is to attack. I e-mailed a series of complaints based upon the substance of the letter you have to Vince Cable MP asking for an explanation of what I perceive to be a personal attack on my integrity and how that fits in with the presumption of innocence and due process.( you must remember that I became brain damaged because of the stress of dealing with "bent" tribunals)
Although it was wonderful to have the President of the EAT apologise for the actions of some of his staff that didn't heal the terrible injury I suffered.
The current problem is that my complaints were referred directly back to Mr Fielding's office to be investigated by two resident solicitors there, which I cannot accept equates to an impartial tribunal.! Can you advise ?
Dear WB as you might have gathered I only lose it in legal situations and because of our misunderstanding things got out of hand. - my GP and Neuro Psychiatrist are always ready to write letters advising a court that it isn't good for either they or myself to have me kick off in their building - and now that is sorted I will give you a reference as soon as you want.
Sadly Mr F******g doesn't instill any confidence in me If I were being kind I would say he is incompetant. He obviously doesn't know that the East /West wall extends along the back of another four properties or that when we get past the "valley" properties to my East it continues for another fifteeen properties purely because of the dramatic drop in levels between the old Nursery and Julian Rd
I understand that the owner of Lymore has the same name as the local Conservation Area officer. There was some concern expressed by a councillor on the planning committee that he might have chaired a planning application for very understated approval on a garage extension at Lymore. The two storey existing garage is the size of a large house and what he didn't reveal was that the "extension" was a glass covered oak frame that looks like a massive entrance / conservatory, which now has a professional lifting car ramp and he keeps a vintage car in it There would obviously be a crossover between Shropshire Council planning Authority and the LR
Yet another indication of incompetance is his lack of technical knowledge on his chosen subject. He is like someone claiming that the underground fluid seepage pipework he has uncovered in his garden proves that he owns the wall around a septic tank. Like a septic tank the area inside the other side of the wall from where the clay pipe sticks out needs maintenance to stop it clogging up. My wife kept that corner free from rubbish and regularly rodded the pipework during the 26 years she was able to. For the last 2 years I have paid my gardener £ 80.00 a fortnight to keep primarily that corner clear of leaves and rubbish. I have never had one of my neighbours offer to help either of them tend the system. My insurance advisor agree's with your associate about the retention of the wall. As he say's, `why pay public indemnity insurance on something you don't own! Stop maintaining it also and when there is a large collapse of material into someone elses prioperty get them to sue the LR for compensation as there certainly won't be any of your neighbours volunteering to pay out'.
With this private court going on who is there to put reason into the equation? Please assist although I ramble on. Yours D T
IDear WB I have done a SD before but will need to cover my A** a bit because I was brutal in my complaint, but that was purely because of my health issues. Can I include the reason's for my (expected in the circumstances) robust reactions to being - accused as I saw it of theft - being attacked? I see it as:
I D T do solemly and sincerely declare
I am a 68 year old retired Construction Manager / Offshore Fabrication Co-ordinator with brain damage, mood and personality disorders and am Hypomanic as the result of two brain haemhorrages that were caused by the stress of a five year court battle.
I and my deceased wife Marilyn have ownedXXXXX---------------- with its 69m x 30m retaining wall around the property since June 1986.
Because of the importance of maintaining its integrity we have instituted a programme of servicing it over this entire period. In addition we have carried third party indemnity insurance to cover the possibility of the walls rupturing and exploding the retained earth and tree's into another's property.We did this without any assistance or offer of help from any of our neighbours ? We/I have continued to maintain the grounds and walls retaining them although one of the properties mentioned ( Lymore) has no boundary with our garden and another 16 St Julians Avenue established their own boundary fence a foot inside their garden along the entire 19m of their garden where it runs parallel to our East / West wall
And I Make etc etc
can you amend / comment please.
Like each time I lose it my Psychiatrist is always keen to explain that although my condition makes me attack I always feel remorse afterwards. Can I rate you and not get cut off as finished. If you want to let go I will understand. if so if you just drop me a small return I will rate you and not respond. DT
Thanks, and you deserve the rating as I am not the easiest person to deal with.
I inserted the medical stuff because (a) my GP will write with it after our review next Friday when I tell him how unwell I have been. (b) I thought it might take a bit of the anger / sting out of their position knowing that for me, my natural responses to what I perceive as intimidation is an automatic explosion which is totally spontaneous. Where from here ? DT
Thank you. I always liked working with professionals. I am not completely out of control as when helping other people, I can use my senior management and co-ordinating skills without being personally involved and so don't get angry.
I will finish tomorrow with how the SD went, Regards DT
The SD has gone off by next day special delivery, My Mp has written a letter in support and a retaining wall in a medieval church has collapsed DT