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Matt Jones
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience:  I am a qualified and practicing Solicitor with over 7 years post qualification experience
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How is a Property Boundary defined is it buy the wall of the

Customer Question

How is a Property Boundary defined is it buy the wall of the property or the edge of the walls foundations?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Could you please let me know what problem you now have? Is there a dispute as regards ***** ***** line? If so, has the current boundary line been in place since your parents purchased?

I look forward to hearing from you.

AL

Customer: replied 2 years ago.

Up until fourteen years ago when we noticed there were puddles of water on the garage floor after we had heavy rain storms there were no leaks from the garage roof and the outside guttering was old but looked to be flowing well without any obstructions, anyway as this was old I replaced it for my parents and thought all was ok but then we found that the bricks of the garage wall on the inside were going green with mold and this was below the damp course level and we could not figure out why about this time we repainted the garage and the floor with proper floor & garage paint and all seemed to be fine and then about eight years ago when the puddles of water came back and I went around to see our neighbors and asked if I could have access to clean the garage gutter which they did while I was there I did some investigating and found where the water is coming from, parallel to our outside garage wall there is a gap of about 1m in this gap there is a concrete slab path which is hard up against our neighbors wall leaving just a gap of about 150mm from the edge of the slab path to our outside garage wall, the path is about 200mm higher than the damp course level of our garage to compound the matter our neighbors have filled the gap with gravel so when it rains heavily the water builds up and has nowhere to go but through the bricks and into the garage.

Expert:  Aston Lawyer replied 2 years ago.

Hi Peter,

I'm afraid I need to opt out and a fellow expert will assist.

AL

Customer: replied 2 years ago.

Ok AL

I have asked our neighbors about what they can do to help us and they said that it’s not there problem it was like it when they moved in.

Expert:  Matt Jones replied 2 years ago.
HI i will try and help
When the neighbouring property was built, was it build with the garage and the slab pavement up to the boundary wall of your garage?
is there any way you could attach and plan view plans, or photographs to assist me envisaging your property
Customer: replied 2 years ago.

Hi the neighboring property was built 1n 1985, our property was built in 1938

Expert:  Matt Jones replied 2 years ago.
Hi sorry for the delay
Your reply doesn't really answer my question, however not to worry. The second picture is quite helpful. I assume that your house is on the left of that picture, and I can see the gravel butting up to your garage wall. It appears therefore that the "pathway" is part of your neighbours property, and so in answer to your first question my first impression is that the boundary of you property is essentially your garage wall. However in order to verify this would you need to compare the boundary with your land registry plan, and any historical evidence of the boundary lines.
a Boundary wall is usually the point of a boundary line, rather than the foundations, just as a matter of law.
The issue of the water ingress is a slightly different matter. AS a matter of law a homeowner is obliged to prevent a "nuisance" occurring and affecting a neighbouring property. This could be argued to involve the flow of water from your neighours property onto yours, through the wall of your garage.
Do you know what work would be required to remedy this problem and the costs? have you had any quotes?
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience: I am a qualified and practicing Solicitor with over 7 years post qualification experience
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