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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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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: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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.