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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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a line of conifers divides my land with my neighbour they

Customer Question

a line of conifers divides my land with my neighbour they were there when we moved in in 1982 My neighbour put them in and i built a wall about 2 feet on my side , my neighbour has chopped them right down so he can put a fence up the problem is he wants to knock my wall down and erect a fence where my wall is stating thats where the boundary is. i won't agree but he is going ahead. i assume when i moved in the line of where he planted the conifers is the boundary not 2/3 on my land. Can you assist
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.

Joshua :

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.

Joshua :

May I ask if you have obtained a copy or have a copy of your title plan showing the red boundary line? If so does it accord with the location of the present boundary wall please?

Joshua :

May I clarify that he is proposing to demolish your wall without your permission?

Customer:

no title plan yes he wants to demolish without my permission

Joshua :

Thank you. There are two issues here - the location of your boundary line and the question of damage to your wall.

Joshua :

If he damages your wall without your permission he will be guilty of criminal damage and you can advise him that if he damages your wall that you will call the police. He cannot damage your property without your permission without a court order as this is a criminal offence. You may wish to give him written notice to this effect and advise the police of his intentions so they are aware of the issue

Joshua :

In terms of the location of the boundary line, this is more involved but as the wall is already in place it is for your neighbour to take steps rather than you if he is not content with the location of the boundary line.

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property Law Specialists are ready to help you
Expert:  Joshua replied 2 years ago.
Regarding the location of the boundary line, as above it strikes me it is your neighbour that would need to take action in respect of disputing the same as you are from what you say quite happy with the location of the wall, however if you cannot agree a way forward an alternative approach If you are unable to agree the location of the boundary line is that either of you could 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.

http://www.landregistry.gov.uk/_media/downloads/forms/DB.doc

 

 

 

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 and a fence can then be erected along that line.

 

 

 



As above in practice it seems to me the above process would be for your neighbour to undertake rather than you but this is procedure that could be considered.
Customer: replied 2 years ago.

CAN I PRINT OFF ANYTHING

Expert:  Joshua replied 2 years ago.
You can copy and paste the thread though this can be difficult if you are using an ipad or similar. Alternatively I can ask customer services to email a copy of thye thread if you would prefer

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