PleaseHelpUrgent!!BoundLinePartyWall/CouncilFenceLineOut11&a

[JayHS]

the thing is ..
is that my neighbour informed me that the wall must be mine, as it is on my left side of the garden.
also he has lived at his house for around 12 or so years

so having given me the verbal ownership - some 3 or 4 years ago

having never questioned the wall line and the loss of 11" from centre party wall point, in 12 years or more
this i would guess makes for a strong case in my favour

or not?

 

[Blagard]

the deeds mmm they are how we say.. vanished.
no idea we can not find the deeds. we bought this house back in 2002 with a 50% mortg left on it.

Your mortgage lender will have them as security against your mortgage. They will only give them back when your mortgage is paid off.

Because you and your neighbour seem to be in agreement on who owns the current block wall (and therefore the land it stands on ). Your best bet would be to get that confirmed in writing with your neighbour complete with a detailed drawing showing the precise position of the wall. It will help considerably should there be a future dispute. Ultimately you should get the agreement document lodged with your deeds.

 

[jeds]

The true boundary line is almost certainly along the line of the original concrete posts. If your deeds mention the fence or the plan is marked (T or S marks) on your side then the posts are yours and the line runs along the face on your neighbours side. If your neighbour has marks then it's the opposite. And if neither of you can prove ownership it would most likely be deemed a party fence and the boundary line will be down the middle.

The boundary line might well have moved due to the wall and passage of time. In other words you might have gained the strip of land on your side of the wall. But that means nothing unless you can prove the age of the wall and formalise the position with land registry. My advice is think carfully before you go down that route. It will likely cost a lot of time and money for not a lot.

My advice; If your land registry title mentions the original boundary feature then go with whatever it says. If it does not then to be safe you should build to your side of the original concrete posts.

 

[JayHS]

hey there
yes we did have a copy of the deeds, but cant find them.
I am still waiting to hear back from the local planning office, trying to sort a copy of the deeds as we speak

 

[JayHS]

ok, so we had a copy of the deeds, but not anymore
but I have found the paperwork to locate the info from our solicitors. but they are now closed.
they should have it in storage as they put it, in the letter from when we last dealt with them.
so heres hopein they can get it within the next 2 days or so
will keep you all posted

 

[noseall]

will keep you all posted

Good, i'm riveted.

 

[JayHS]

well good news and bad..

I have got hold of the deeds to my property

And it states that the left side block wall/original fence line is ( marked with a "T" ) which means it is mine as a whole.

but nowhere does it state that in dimensions! as to where the line really is, so Now i would assume that the original council fence line was the boundary! and it is showing me that it is the original line of my property.
but it does not state this..

any advice would be great

oh and the bad news..
i also own the right hand side of my garden fence line?
a well as the end of the garden.
this is great to find out, but not when I should tell my other side neighbour as he has just redone the right hand side fence line? thinking it was his!
so do i inform him that it is mine.

 

[joe-90]

Keep your Gob shut and go by the original concrete fence and you'll be home and hosed.

 

[freddiemercurystwin]

will keep you all posted

Good, i'm riveted.

Yea I've bookmarked this thread!

 

[JayHS]

Keep your Gob shut and go by the original concrete fence and you'll be home and hosed.

hi there. yes a good idea, but I wish to do things right and be decent about it all.
I do not and plan not to inform my neighbour to mmy left on anything unless he askes. re the location of my conservetory side wall.. ( this will go up right upon the outer edge of my boundary wall line, i.e the old contrete fence posts ) which is 2" away from the block wall. so he has his land, and i have mine.

re the otherside of the garden..
if and when I come to put fencing up along to cover the ugly block wall on the left side, i will also wish to do the same on right side fence line and end of my garden, all in one go.

do I tell him ( the chap to my right ) this is my boundary line.. and that he has replaced the fence panels. without my say so? as it were
or somthing? so I am coverd for in the future re the future development of my fencing of my entire boundary lines..left, back and right side