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Hello, thank you for your question. My name is***** should be able to assist with this.
Firstly, let's deal with the easy part. You mention at the bottom of your question text , which you would like interpreted. I can tell you that this has nothing to do with the issues with which you are now addressing.
The text that you refer to is all about rights of over adjoining land concerning rights of light and air.
Basically, that kind of clause would prevent you complaining about a neighbour obstructing light onto your property. It has nothing to do with the location of the boundaries.
The more difficult question, is to wher the boundary actually is. Obviously, I cannot say where it is, but I can give you an indication as the basis on which the court works when trying to determine where the boundary lies.
My system shows that you are not online in the chat, and I shall pick this up with you as soon as you return.
Hi Tony, I am back online now if you are..
Hello! Yes, I'm here too!
Okay. Back to the difficult question!
trying to attach the plans but it isnt working
The starting point has to be the Land Registry plans (if any).
yep have both
mine an dhis
Don't worry. I will give you the best effort I can without them.
This is called the general boundaries rule. The plans are not definitive.
our shared boundary is the site of the river
yeah i read you cant rely on the maps
Probably of more interest to the court, in determining where the boundaries are, is what has been happening on the land over a period of time.
This, together with copies of the conveyances themselves (not the land Registry plans) are likely to be more important.
I know the shape of the river has been constant for a good while and can prob ask the former owner to confirm this
my worry was that there may be some special rules relating to water mills
Where you have open plots of land, without defining features, in all honesty, it can sometimes be an incredibly difficult job to identify the true location of the boundary. The difficulty of the task does not mean the court will not do it, it must make a decision. However, people would sometimes be forgiven for thinking it was something of a finger in the air approach. There should be detailed measurements in the conveyances, and those will be the true starting point.
ie to maintain the shape of the river downstream
where would I find the conveyances - all the LR stuff I have seen is pretty useless
surely if the boundary is the riverbank and the river moves over time then so does the boundary
The conveyances are often left with the bank or professional lender.
do I have a right to ask for them
The general rule with boundaries on rivers, is that the boundary goes up to the centre of the river itself. In other words, the landowner owns half of the river bank.
The funny thing with this is that his title IS the river!
so I dont seem to own any of it
Okay. So the question is where exactly between the river and your land is the boundary, is that right?
Yes. However either 1) the position of the river has changed (slightly) since the map was produced 2) the map is just not accurate
Okay. Where the river erodes the riparian land (your land) then that is likely to reduce the size of your land to the benefit of the riverbed owner.
his title is the area in red. my land is bordering it to the west
I see, got it.
the bank is to the east of the depicted line (so the river is actually narrower)
we are not taking much, perhaps a meter or two.
The amount you are seeking to take does not affect the actual location of the boundary.
i don't believe i have taken anything, as the riverbank was already there.
even though the boundary IS the river bank on the map?
are you suggesting that he may own more than the river?
No, I expect he is only likely to own up to the edge of the riverbank.
even though the position of it on the map os
is not correct (sorry)
Yes. Rivers, by their very nature, will change the location of land over time. Admittedly, in the usual run of things, by very small margin, but position is usually that the boundary is maked by the bank, even what it changes over time.
Great...last question, is it
likey to cost me a fortune if he takes me to court for altering his land? I would plan to represent myself if possible.
he is a lot richer than me!
Different solicitors will charge different rates, and it is sensible to try and get professional help, as this is not a simple kind of claim to run. A lot of judges will be unfamiliar with the law in this area, and will need to be taken through it in careful detail. A lawyer is obviously better placed to do that.
It might be the you can find a solicitor that will help you on a no win no fee basis. This is possible, particularly if the defendant is wealthy and able to pay a judgement that might be made in your favour.
cool thanks for that Tony. good night.
Thank you very much. Good luck with resolving this! Please do remember to rate the service for me before leaving.