How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 777
Experience:  Experienced solicitor
76316425
Type Your Property Law Question Here...
LondonlawyerJ is online now

According to the plan attached to my conveyance the boundary

Customer Question

According to the plan attached to my conveyance the boundary with my neighbour's property lies 4 feet beyond my building , presumably intended to allow maintenance. My neighbour, however, points out that the Land Registry Title Plan has the red line passing along the wall and makes no reference to this 4ft strip of land. Which is right?
Submitted: 9 months ago.
Category: Property Law
Expert:  LondonlawyerJ replied 9 months ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. Neither of these plans is definitive, the HMLR plan is indicative only and the conveyancing plan may be right or wrong. where is the fence or boundary physically? you will need to get a copy of the original deed to the property to see the description nd or plan if it exists. Your first step might be to contact your conveyancing solicitor (although this may be quite an old conveyance) and if it is practical ask him why he thought the boundary was where it is on the plan. It is more likely that the conveyancing plan is accurate than the HMLR plan but you need to investigate further.
Customer: replied 9 months ago.
The conveyance for the sale of this property, which I have, and its taped in plan shows the red boundary line running parallel to, but clearly separated from, the building lying on the boundary. A small arrow points into this space and is accompanied with the note '' 4'-0'' wide ''.
These properties are have changed hands many times and I have the documents and plans for most of these transactions. I even have the plans for the original sale of the next door property dated 1935 which shows the 4 ft strip excluded. All told I have about half a dozen plans of various dates all of which show the presence of the strip and no transactions involving its sale. The only plan which does not show the strip is the Land Registry one.
Expert:  LondonlawyerJ replied 9 months ago.
Based on what you have stated in your last reply it seems that your view is almost certainly correct. The HMLR plans are not definitive.
Customer: replied 9 months ago.
in the event that my neighbour still does not accept the position what do I have to do to get an official decision on the correct boundary?
Expert:  LondonlawyerJ replied 9 months ago.
That is not as straight forward as it seems. There is no regulatory body that can issue a declaration. You should obviously try to agree. If this is not possible maybe you could jointly appoint a surveyor with expertise in this type of thing to come to a view and agree to be bound by his decision. The Royal Institute of chartered surveyors offer this service. RICS Neighbour Disputes Service which might help. If this fails then you could litigate in the Land Registry Division of the Property Chamber (1st tier tribunal) or in the county curt but this is prohibitively expensive. If you can find the original deed then this will give you a document that will be able to resolve the matter to the satisfaction of any future purchaser if it is issues with onward sale that you are worried about then this may be enough.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions