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)