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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
may I ask whether the surveyor you refer to agrees with your opinion in respect of the boundary or your neighbours please?
With my neighbour
he did say that there is a Land registry 10 year rule but it has to be in agreement and can be costly
Did the surveyor give an opinion on where he beleived the boundary line lies having had the opportunity to examine the physical boundary and your land Registry title plan?
yes he did and thought it would be in my favour but would be costly to proceed
Thanks. If the neighbour disputes the location of the boundary line what you have effectively here is the potential for or an actual boundary dispute. If there is a dispute with regards XXXXX XXXXX location of the boundary line then the first thing to look at is your title plan which you can obtain from the land registry if you do not already have it. Occasionally though not often measurements can appear on the plan. Where this is the case the measurements will be legally binding. More often than not however the plan will contain no measurements but will be expressed to be for the purpose of identification only.
In these circumstances the plan is, whilst drawn to scale, only for the purpose of identification and will not necessarily establish the exact location of the boundary line very precisely. Where this is the case you can either agree between you where the boundary line lies or failing which you would need to resolve the matter either using the RICS boundary resolution service or through the land Registry adjudicator or alternatively the County Court.
It can often be difficult to determine the exact position of a boundary in terms of centimeters or inches but a plan should enable identification of land in terms of several feet usually. As above, properties are generally registered with a plan for identification purposes showing the general position of a boundary. Sometimes it can be relatively straightforward to determine the location of the boundary by reference to another structure such as the house but not always and even then not necessarily with the degree of accuracy that may be required.
If you are unable to agree the location of the boundary line, you can ask the Land Registry to determine the boundary on the title plans by instructing a surveyor to prepare a a very precise plan showing the exact line of the boundary in the surveyors opinion. You will need to use a RICS qualified surveyor to draw up a plan. You then complete form DB (link below) and send to the Land Registry who will inspect the same and serve a notice on your neighbour offering him the opportunity to object to their proposals. You can include the evidence such as you have with your application and can show this to your surveyor when he is preparing his plan.
There is a fee of £90.
If your neighbour agrees to this proposal you can share the cost of a surveyor. If he refuses then this amounts to a boundary dispute which can be determined by the Land Registry Adjudicator. If the boundary is determined in the above manner then your title deeds will be updated with precise measurements which are legally binding going forward.
if you are satisfied with the status quo and it is your neighbour that wishes to relocate the boundary line by removing shrubs and so on then on the basis that the boundary line is presently in dispute, you could consider simply serving upon your neighbour notice that you consider the shrubs and other structures on items to be located on your land and that he is not to remove the same or damage the same failing which she will consider the issue to be one of criminal damage and trespass.
if he threatens to do so or actually begins work, you could contact the police who will sometimes be prepared to intervene on the grounds of criminal damage and/or obtain an injunction in the County Court ordering the neighbour not to interfere with the items on the basis of a dispute. An injunction can be applied for using form N16A in the county court.
the survey is correct that there are costs involved in the above applications particularly where the neighbour chooses to fully contest the same as there are surveyors fees and so on to consider and accordingly, an agreement between you and your neighbour to resolve your differences with regards XXXXX XXXXX boundary line in an agreed manner - for example agreeing to jointly appoint a surveyor and agree to be bound by his report can keep costs down. However the above approaches do exist to resolve boundary disputes and the land Registry adjudicator approach can be relatively cost-effective as can a threat to involve the police in terms of preventing the immediate removal of plants and so on.
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