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Hi all,
Tonight I've been involved in a boundary dispute with my neighbour. We are the middle two houses in a "terrace" of 4, so we don't have side access to our properties. I live on a hill so houses tend to be a different height, if not per house, then by a 2 house build. I guess it makes boundary recognition easy.
1594763015037.jpg
This is the back of the house. There appears to be a clear dividing line. However, my neighbour is claiming that her land is over a foot past that, so virtually to the start of the downstairs window and that her guttering is allowed to overspill as it's on her land. Deeds don't provide anything conclusive. At the front, the accepted divide is along the same line as the back.
There is a twist. She had an extension build 10 years ago that is not on land registry. The line down the garden veers into our land.
She is bad mouthing us to everyone in the street.
Anyone with any ideas?
https://www.ricsfirms.com/residentia...dary-disputes/
RICS Consumer Guide: Boundary Disputes
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Is the implication regarding the extension that it did not have planning permission?
Aren't property boundaries a matter of public record?
in the past ive worked on many houses like this in S Wales, the boundary will be the edge of the house, look at the top and follow the line down, its even made easier with the yellow ( ish ) paint
the fascia and gutter will be overhanging on your land
If the extension has been there for over 4 years it’s exempt from planning enforcement action by virtue of section 171B of the Town and County Planning Act 1990. Your neighbour can apply (and automatically be granted providing they can evidence the extension being there for at least 4 years) a lawful development certificate to regularise it.
4 years for operational development (i.e. a building or structure), 10 years for a change of use or breach of a planning condition.
Although a change of use to residential is also 4 years.
Absolutely. That's what we are claiming.
We had another rant from her this morning so we've asked her to provide legal proof the boundary is where she says it is. I've been around the other houses in the streets nearby and every single boundary is exactly as you describe.
Have a look on this website which (may take a bit to find the right map/scale) should show historical boundaries and compare with the legal version from Land Registry. Last time I used Land Registry online it cost £3 for a copy (pdf) of property and boundaries.
https://maps.nls.uk/os/
That said, scale of the map might mean that your dispute is over the thickness of the line drawn on a map. Didnt work well for a boundary between Israel and Egypt.
Looking at our property boundary, next door appear to have pinched about a foot to build an extension that cuts into our diagonal boundary line. As that extension was built over 30 years ago, before we moved in, nothing we can do about it now. Not that we want to.
Good luck with your neighbour.
Interesting thread. Our neighbours bult up to the boundary. We weren't overjoyed because our own house is only about 75cm from it. They didn't think about overhangs etc but say taht they decided to build the wall on the inner line of the foundation (which was all on their land) to deal with it. When I went to put the fencing back up, it was pretty clear that the back corner of their extension veered over the boundary. God knows how - my guess is that their house wasn't square to the boundary. They insisted that the boundary must have curved to accommodate their extension because it was on their land. Thick as pigshit really, but we are talking about 15cm-20cm here or there. So I let it go, and put a slight kink in the fencing. Which was fine, until I realised it meant that I could no longer get a micro digger down that side of the house.
Oh well. Not worth falling out with them over it, we are both planning to be here for decades. But the lesson I learned is - never let them take down the fence in the first place. That way there can be no doubt.
Is that the same as making it her land though? Like squatter's rights? I can imagine that there is something that grants the neighbour an easement for the overhanging guttering after a period of time which might be the only point of contention, but Does the provision you cite mean that the land below is legally hers now too?
OP- are there any downpipes, drains etc on that wall?
start drilling some holes in the wall of the extension to put up hanging baskets etc - that'll make them think