I built my property in 1993. In July 2000 my partner and I decided that she would sell the house where she lived and purchase a 50% share in my property so we would then own the property 50/50. This was of course done formally using a Solicitor, and was registered with the Land Registry in the normal manner.
As I believe this bit is free, thought I might ask a follow up question. I can demonstrate that when my neighbour built his house in 1992 he 'moved' it over towards my Plot by one metre. At that time there was no fencing between the two plots, but the boundaries had been defined and registered with the LR. My neighbours plans show that the fence between his plot and my plot should be one metre from his house; this is why the boundary line/fence is now out by one metre, as he kept the fence one metre from his property in the hope no one would ever notice.
You mention that I might receive compensation, however, my neighbours house is not actually built on my land, and I would prefer to move the fence to its correct position. The area in question is just pea shingle parking area. Do you think this would be possible? I do not believe that my neighbour can show he honestly thought the land to be his.
Hi Joshua, I didn't think I would get a response over the Bank Holiday, so many thanks. I will explain as best I can:-
I refer to my neighbours house built on Plot 2
I refer to my House as built on Plot 1
When the two plots were divided (by the one owner of the land) he drew up a boundary line and the entrance to Plot 2 that leads off the driveway which Plot 1 owns. There is one measurement on these drawings showing the southern boundary of Plot 2 which should be 29 metres from west to east (east being the boundary point between Plot 1 and 2.)
The Plan in question has a scale written on it being 1:250, and it is that plan that is registered with the LR.
When my neighbour built his property in 1992 there was no physical boundary between Plot 2 and Plot 1. In order to assist with the positioning of the boundary, my neighbours site plans show certain setting out distances. There are two main examples for this on those plans:-
1. The distance from my neighbours garage to his western boundary should be 4 metres.
2. The distance from the eastern wall of his property to the central boundary fence (between the two properties) should be 1 metre.
I have measured item 1 above, and the distance is 5 metres.
The distance from my neighbours eastern wall of his property is one metre, but because he moved his entire house over by one metre, he has actually built his house right on the boundary line. (as per my survey report)
Having worked out the difference in square metres from that of the registed plan and that as shown by my survey, it demonstrates +/- 5% a 35 square metre loss to my Plot (1)
My main question I believe is can my neighbour demonstrate he honestly thought this to be his land (being adjacent land to his own)?
I can demonstrate that he moved his house by one metre, and although I appreciate you may tell me this would be difficult to prove, I know he would have done this deliberately when he placed the fencing in position. If you knew my neighbour you would agree! I should mention that my neighbour built his own house, and would therefore have been fully involved at every stage; i.e. setting out etc.
Just for your information my Surveyor is RICS qualified, and in fact does a lot of work for the Courts in my area (Bournemouth, Dorset)
Many thanks (Steven)
Hi Joshua, many thanks for this. I think I can now close this down with you, as I believe you have given me all the information I now require.