Need advice on a garden boundry issue

[donetello]

Ok need to know where I can get a scaled plan of my garden boundry,and who to consult if nieghbour has built onto my property.Solicitor ?.

[maclarencat]

It depends on how far onto your land you think they have encroached. Boundaries are notoriously difficult to prove as the land register is not precise. These cases also cost mega bucks if you lose. I am sure if a building already exists they will fight you because they will not want to pull it down. How long aghao did they build and why didnt you object then?

[Buenchico]

As Maclarencat indicates, the Land Registry title plans might not be sufficiently detailed to support finer legal arguments. However they're still a good place to start.

You'll need to download the plans for BOTH properties (to see whether they agree), for £4 each, from here:
https://www.landregis...ortal/Property_Search

Chris

[buildersmate]

Agreed with mc that you cannot use the LR title plans for some sort of exercise.
LR will never admit the accuracy by which they scale their Title Plans - I tried persuading them to put it in writing, however here's a salient tale. I bought a plot of land where the boundary was unclear, agreed with the neighbour where the boundary was, erected my house and garage, only to have the LR come back to me 5 years later claiming part of my garage was in the neighbours plot. They had done this to scaling off new aerial photos. The actual amount of overhang (according to LR) was a triangle of land about 1m by 2m.

[cassa333]

Although as has been said, boundries are difficult to measure from plane. The best you can do is look at the fence line from archive information such as family photos and google earth and that sort of thing.

If you can see thatthe boundry has been encroached significantly then you may have a case for damages. If it is a matter of a few inches you would be better off kissing it goodby.

[donetello]

Thanks for responses much appreciated,will have a look at the land registry site.I have a small scaled drawing that came with the mortgage documents but its quite hard to get an accurate measurement from.The house is the first one around the corner,so his back garden fence goes past 3 houses on my side.I'm the bottom house and the last part of his fence is out of line with the rest,it steps back my way by 12" compared to the rest of it.A quick measure from the drawing I have seems to put the rest of his fence in the correct location.The drawing also shows a straight line across all the gardens leading me to believe 12" over the back of the fence belongs to me.He has built right up to the back of the fence,a shed like lean to to store a motorbike,and the guttering is actualy pushing against my fence,and the building has made painting etc nearly impossible.

[maclarencat]

Have you tried speaking to him and expressing your concerns? Maybe he doesnt realise. If it is only a shed like building perhaps he could move it. However if it was like it when you bought the house you should really have had it sorted before you completed if it is an issue .

[venator]

Buenchico has the right idea Compare both sets of deed plans first of all.

Also, if the neighbour needed planning permission for the building work, there will be plans on file.

You could get in a Chartered Surveyor to report whether the building complied with the boundary from the deed and application plans.

I have seen arguments based on measuring up deed plans over a few inches, where the thickness of the lines on the plan was of the same order.