House boundaries

[oldwheels]

You really need a surveyor who specialises in this sort of thing.
Boundaries are a bit of a minefield as I found out when walking all the boundaries of a business with a variety of plots. In many cases the apparent boundary like a wire fence or stone wall was not in the right place and over the years bits had been "appropriated " by adjoining land owners.

 

[Electric_Andy]

Its a pain when neighbours do this sort of thing.I had problems with my NDN's daughter parking their car on my drive it really angered me as I struggled to get my bike down my own drive.I wouldn't be getting into any arguments with her, I'd just tell her no way.
Just concrete in your own posts on your side of the correct boundary line problem solved. Shes a chancer trying it on obviously.People play silly games like this and pretend to be thick to steal and get one over on you.

Yes that's it, I don't want any rows and we are so far quite good neighbours, but I'm not going to give her free land either. Next thing she'll be bringing some other paperwork over that apprently says her driveway is the boudary. Be interesting to see what that is

 

[Electric_Andy]

You really need a surveyor

Yes - now here's the question - I feel that she is responsible for hiring these services? I've basically said that if she doesn't believe me then she needs to get someone in to mark it out properly. But she won't want to pay for that. My point is, if she knows she is right then there's nothing I can do about a driveway on her land. I think she's afraid to get it done properly in case they agree with my reckoning

 

[oldwheels]

Yes - now here's the question - I feel that she is responsible for hiring these services? I've basically said that if she doesn't believe me then she needs to get someone in to mark it out properly. But she won't want to pay for that. My point is, if she knows she is right then there's nothing I can do about a driveway on her land. I think she's afraid to get it done properly in case they agree with my reckoning

You could offer to pay if she is correct but she pays if she is wrong. Need to get that in writing tho" but could be hard to enforce payment.

 

[Deleted member 26715]

Actually 1990 when registration of land on any sale or transfer taking place became compulsory.

Anything built or sold since then should be on it.

Anything prior to that still may be, compulsory registration was available to counties or parts of counties from 1925 onwards, though I'm not sure how many counties introduced it. I know in 1964, according to an entry in Hansard, it was 5 counties, and 14 county Boroughs. Which isn't all that many.

We bought our house in 1984 & it's not on the land register, I know this as I'm currently drawing up our wills & POE, it has to be registered to able to be included on the POE.

 

[glasgowcyclist]

You could offer to pay if she is correct but she pays if she is wrong. Need to get that in writing tho" but could be hard to enforce payment.

I disagree.

She’s the one planning work that may affect someone else’s boundary so it’s entirely her responsibility to show she has the right to do as planned. This is why we have a central land register. If her plans don’t comply with the recorded boundaries then she can’t proceed.

Taking the financial hit if her hunch turns out to be correct would be a daft thing to agree to.

 

[T4tomo]

You could offer to pay if she is correct but she pays if she is wrong. Need to get that in writing tho" but could be hard to enforce payment.

No surveyor in a potential dispute situation is going to start work with being paid first!!

Boundaries are slighty odd in front of the 4 houses on my little plot, as there is more space to side of number 1 than number 4, so our drives are slightly offset with house boundaries, so we all have equal sized drives. BUT they are marked with metal studs set into the paving / change of surface in places, so its quite clear what is where

 

[oldwheels]

I disagree.

She’s the one planning work that may affect someone else’s boundary so it’s entirely her responsibility to show she has the right to do as planned. This is why we have a central land register. If her plans don’t comply with the recorded boundaries then she can’t proceed.

Taking the financial hit if her hunch turns out to be correct would be a daft thing to agree to.

It should be easy enough at least in Scotland to check whether she is correct or not by looking at the deeds and doing some measurements. Assuming she is not correct how is that going to be enforced as the whole thing could blow up into a financial nightmare?
When we sold garments clearly marked "hand wash only" and they came back with a complaint the advice we got from a manufacturer was to say we would send them off to an independent lab and if they had not been hand washed then the complainant paid the cost. Worked on the few occasions this happened when the customer was plainly at fault which sparked my suggestion to the OP.

 

[Speicher]

Has she thought about a "dropped kerb" to get a caravan on the drive?

 

[gbb]

On its own that may not be enough. Do you have a deed with the property’s bounding description?

It certainly appears that your neighbour is taking more than she is entitled to and you’ll need the bounding description to tie in with the plan to be sure.

I agree, although she does indeed seem to be taking the pith.
My deeds show a red line (IIRC) s the boundary, they do seem more property specific.

 

[fossyant]

When we moved in, we put a 'soil boarder' in between us and the neighbour, and round the front of the garden (we like gardening). We made sure the boarder was on our side, so no encroachment into her 'lawn'. She still didn't like it, nor did she like us putting a fence up at the rear of the property, as 'she' wanted rights to access our back garden to get at hers (when the deeds clearly stated there were no access rights).

Some people will push and push.

 

[Electric_Andy]

Has she thought about a "dropped kerb" to get a caravan on the drive?

they have a dropped kerb, which is what I'd call standard, like we all have, i.e. 1.5 car widths. If they move their other cars then they can reverse a caravan onto where they want to store it. I'm considering putting up a fence, not to be petty but it's a loose pebble drive and I fear all the stones with end up on my front lawn. Also it might be nicer to look at a fence rather than a caravan. I'll have to think about it and see how it goes; I also don't want to make it harder for them to get the caravan in and out by making a physical boundary, it would just be to keep the stones on their side if it comes to that

 

[Electric_Andy]

When we moved in, we put a 'soil boarder' in between us and the neighbour, and round the front of the garden (we like gardening). We made sure the boarder was on our side, so no encroachment into her 'lawn'. She still didn't like it, nor did she like us putting a fence up at the rear of the property, as 'she' wanted rights to access our back garden to get at hers (when the deeds clearly stated there were no access rights).

Some people will push and push.

yes that sounds like a better plan than a fence. I'd potentially just want something to keep the stones from being barged onto my lawn by car tyres. A soil border sounds better than a fence and I'd gladly lose the space it would take up, as I don't use the front lawn for anything. I'm very keen to retain a good relationship with them, as they are good neighbours generally, but time will tell!

 

[newts]

I think your neighbour is taking severe liberties by encroaching on your boundary. They should have thought about access before buying the caravan? Moving the boundary as indicated on you drawing will reduce your property value. It is upto the neighbour to prove where the boundary is before starting any work . The party wall act 1996 should be your guidance. An agreement based on this signed by both parties should be in place before any work commences.

 

[PeteXXX]

Here's some help from Citizens Advice
Most has been said already but there's some links that might be useful.