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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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Hi, I would be grateful if someone could explain what this

Resolved Question:

Hi, I would be grateful if someone could explain what this means"The house ( including its foundations and eaves notwithstanding that they extend beyond the boundaries of the land transferred at ground level and all other buildings erected on the land.
Submitted: 2 years ago.
Category: Property Law
Expert:  tdlawyer replied 2 years ago.

Hello, thanks for your question. My name is***** should be able to assist with this.

Is this the full text of the clause you're asking about? If so, what do you want to know about it?

Tony

Customer: replied 2 years ago.

The full text in my dees of the first schedule ( the property) states

 

"The Property means:- 1.1:- The land transferred and 1.2 :- the house ( including its foundations and eaves notwithstanding that they extend beyond the boundaries of the land transferred at found level and 1.3:- all other buildings and structures.

 

I am trying to determine where the legal boundary is as i am fully ware that the red line shown on my title plan is only a general boundary. the back of my house is on the boundary line marked in red , but does that mean it includes the gutters due to this clause, because of the imaginary line , airspace etc? The gutters are in my neighbours garden

Expert:  tdlawyer replied 2 years ago.

OKay, I see.

These things are never that simple. You're right, the land registry plan is a starting point, but things can change over the years that isn't reflected on the title plat at the land registry.

A court would look at what has been happening on the ground, whether fences have been moved etc., and if so, how long for. If, for example, it's over 12 years that fence has been moved to delineate a new boundary, that may become the new boundary.

The guttering etc., that you have may belong to you, irrespective of boundaries, it just might hang into somebody elses land. The clause you refer may have no effect at all on the boundaries.

Tony

Customer: replied 2 years ago.

so why would the clause be put in the deeds if it has not effect at all on the boundaries. What does it actually mean ?

Expert:  tdlawyer replied 2 years ago.

All the clause is saying is that you own the foundations and eaves belong to you. It's saying that they're yours and the fact that they're in somebody elses land (or airspace) isn't relevant to who owns them - you do.

Tony

Customer: replied 2 years ago.

with most properties their gutters, roof line etc hang over the brickwork to protect the structure somewhat from the elements. Looking at the property from the side, if you drew a vertical line it would not be straight due to the overhang. Is the airspace under the gutter my property meaning the boundary should fall from the gutter in a straight line , or is the boundary line the brickwork edge which is alt the ground level.

 

Is my question not one you can answer Tony ? Please let me know

Expert:  tdlawyer replied 2 years ago.

Your question is one that I can answer, yes.

The boundary line will be the brickwork edge, because this is what stands on the land itself. The airspace doesn't define the boundary line, it's defined by physical features on the land itself.

You do often get a degree of overhang, you're right, but that doesn't alter the boundary line. It's simple an overhang. If there had been a dispute, for exmaple, a party wall surveyor would have been engaged and under the terms of the Part Wall etc. Act 1996, the surveyor would simply authorise the overhang, as is his powers under the Act.

Put simply, the boundary is by reference to the physical properties, not the overhang.

Usually, it's where things have stood for 12 years or more.

Tony

Customer: replied 2 years ago.

ok thanks, ***** ***** i instructed a Surveyor to "simply authorise the overhang as is his powers under the Act, what would that mean and would that change the boundary to be in line with the overhang. Or what does it mean?

 

these questions are arising as i have permitted development to extend the back of the house but am getting refusal from the neighbours to do so and to finish off the brickwork rendering as the builder would need to be in their garden to do so.

 

how many questions can i ask you Tony ?

 

Expert:  tdlawyer replied 2 years ago.

No, the overhang dosn't define the boundary.

What you need to do is speak otthe surveyor about serving a party wall notice to allow you to build on the boundary etc. They will guide you through that process, but there is a detailed guide here for you if you wish to read about it:

https://www.gov.uk/party-wall-etc-act-1996-guidance

 

You can ask as many questions as you like, but you can only ask one question per thread like this. So you would need to re-post a different question separately.

Tony

Customer: replied 2 years ago.

I have served the neighbour with a Notice informing them that we intend to build , I thought that as long as we built on our side of the boundary a surveyor would not be needed and there would be no issue. Are you saying we can't now build even though we have PD?

 

how much to surveyors cost and how long does this process take?

Expert:  tdlawyer replied 2 years ago.

If you're building on a boundary, you're likely to need to serve a party wall notice under the Act. A simply letter isn't good enough - it has to be a formal notice.

The process takes 6 weeks or so IF there is a dispute, otherwise, it can be over within days.

Speak to a surveyor because you need to serve plans of what you propose to do - how you're intending to build etc. And he can authorise an overhang.

Cost is highly variable depending on which surveyor etc., but I would estimae about £750 plus VAT.

Tony

Customer: replied 2 years ago.

we are building up to the boundary not on it . Does that make a difference .?

Expert:  tdlawyer replied 2 years ago.
It's likely to be the same thing, because if you're putting foundations in within 3m, then you're going to need to serve the notice.
Customer: replied 2 years ago.

I sent them a line of junction notice, is this not correct. ?

Expert:  tdlawyer replied 2 years ago.

No, there is a formal notice, which is explained in the booklet, which I've give you the link for.

Can I ask you whwther you're happy with the service this evening please?

Customer: replied 2 years ago.

yes, I'm happy , i have looked at the booklet before contacting you , could you let me know what Notice i need to serve as i have sent the wrong one to them.

 

I have submitted plans to the council , why would i need to submit plans to a surveyor

Expert:  tdlawyer replied 2 years ago.

Have a look at this website, they have templates you can use: http://partywallnotices.co.uk

You need to serve detailed schematics with the notice, and normally, people get a surveyor to do the notice and follow the procedure through for them.

Tony

tdlawyer, Lawyer
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Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
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