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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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My Edwardian semi detached home in London was built in 1888.

Resolved Question:

My Edwardian semi detached home in London was built in 1888. I purchased it in 1979 and lived in it ever since. My neighbours house on the other side of the dividing passageway was constructed at the same time. In January 2014 the new neighbours purchased their property and carried out extensive repairs and renovations the most recent being the replacement of their front garden and driveway with paving. Midway through the project they approached me and said that the boundary line between our front gardens had been incorrectly determined at initial construction in 1888 and my driveway was encroaching by about 10 inches into their driveway. They believe the boundary line between our properties should be a straight line drawn exactly half way from the centre line of the passage way between the properties but as it stands the existing boundary line of their drive is in line with the end wall of their house. All the houses in the road vary slightly in design, construction and dimensions and whilst a lot conform to a straight line from the middle passage way dividing the front gardens others do not. Their contention is based on the belief that the red line surrounding their plot on the plan attached to their deeds is the definitive dividing line between our two properties. My belief is that the red line on the plans is merely indicating the property referred to as all houses in the road are shown as similar "boxes" although they vary in size shape and dimensions. Surely if the properties have been unaltered since construction in 1888 and numerous purchasers of their property having carried out surveys have never challenged the boundaries before they dont have a valid argument. My research so far has indicated that the red line on a title plan is but a secondary and inexact description of the boundaries. I would welcome your professional opinion. Thank you. Tony Cafferkey
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. You are right. The red line on the deeds at HMLR is only indicative and if there has been a boundary in existence for all this time then that is almost certainly the correct boundary and even if it isn't the correct original boundary it is the boundary now through adverse possession.
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