Dwarf Wall

[tony46]

We have a dwarf wall in the front of our property which was constructed some 20 years ago.We have a new neighbour who moved in some 6 months ago.He knocked the door last night and claimed that the wall was on his property, and has demanded that the wall is knocked down. Am I correct in assuming that as the wall has been there for such a period of time, the new neighbour cant demand the removal of the dwarf wall?

[buildersmate]

Almost certainly you are right, but its a worrying development for you, because these sorts of things can become entrenched on both sides.
The BRIEF answer is that the land registry shows what are called General Boundaries on the title plans. These cannot be scaled from. More recent (housing) estates tend to show Ts on the title plan which describe which party owns the fence or boundary. Since the wall has been there for 20 years and you've been maintaining the boundary up to and including the wall, its a bit hard to see in law how he can believe that you have part of his land.
On what basis is he making that assertion? - ask him.

[milliezoe]

You will need to check the deeds to your property to determine the distances between your land and his I am about to serve notice on my new neighbour who constructed a fence without consultation on my land when I checked the deeds and measured it clearly shows that it is on my land I was advised that I give fourteen days notice and if she does not remove it I can take it down. Not looking forward to this but as they say you can choose your friends but not your neighbours my advice is get some legal advice

[tony46]

Hi Buildersmate,we have no idea on what basis he has come to this conclusion,since the wall was constructed we never got any complaints form the previous neighbours.To make matters worse, we found him in our back garden yesterday afternoon, when asked what he was doing, he informend us, that he had a right of access through our property(this is not shown on our deeds).We have come to the opinion that maybe we have the neighbour from hell has just moved in next door.

[tony46]

Hi Milliezoe,our house was built in 1918, so the deeds are not very helpful,as mentioned to buildersmate, the dwarf wall was built some 20 years ago with the concent of the neighbour of the time.

[buildersmate]

I suggest to you that the advice being given by Millie is incorrect.
You cannot use the 'deeds' (sic) for the purpose she suggests - and in any event for registered land deeds are irrelevant.
This is precisely why I referred to General Boundaries and commented that you cannot scale off them.
The LR run a process that you have to pay for known as Determining the Exact Boundary. It involves surveyors and is a last resort.
Unfortunately this 'Millie' keeps producing spurious advice which is incorrect.

[tony46]

Hi buildersmate, point taken and will take your advise.Thanks

[boxtops]

I'm with buildersmate on this one, ask him, ask him for proof too why he thinks he's got the right to have access via your back garden!

[buildersmate]

Is your land registered at the LR, by the way?

[Dave G]

Hi If you have legal insurance with your house insurance it should cover you to £50.000 go to see a solicitor
best of luck I was having a similar problem but after a couple of legal letters it all stopped for the last year anyway
Dave G