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Boundary lines

(12 Posts)
Teapot74 Mon 26-Jan-15 14:35:46

The edge of our gravel driveway has a grass verge varying from about 12' -4' wide to a bordering hedge. After the hedge is a fence (neighbours side). Our neighbour is arguing that it is their grass verge up the side of our drive and that that is the boundary line. They have stopped our gardener working there a couple of times even though they have no right of access up our drive (she said today that he could work there and sweep up leaves, but that it was theirs, I said I didn't accept that it was theirs until she shows me some legal documentation that it is). There is a gap in the hedge for a pedestrian gate between the 2 properties which we would like to allow to grow over but they won't let it. I would like to avoid the legal route as it seems to me to be the world's pettiest argument! They historically had a right of access up our drive which they sold or gave away (they do not dispute that).
When we bough the house our documentation said that we were responsible for maintaining that boundary. I have contacted a solicitor for my free 30 min call which I'm waiting for. Any advice?

Teapot74 Mon 26-Jan-15 15:39:19

it's 4"-20" wide (inches not feet)

TarquinMoriartyGruntfuttockII Mon 26-Jan-15 16:10:14

TRY HERE You have to pay a little to look at their records but it may help you.

Teapot74 Mon 26-Jan-15 16:24:12

We have the title deeds from buying the property a year ago. There's a dotted line up the side of the drive which the red line follows but no indication if the line is the edge of the grass or the hedge. The hedge has been in place for 26 years. from the garden laws website i believe that wherever the boundary is/was the established hedge now denotes the boundary???

TarquinMoriartyGruntfuttockII Wed 28-Jan-15 13:46:31

Sorry I don't know what to suggest then. Maybe try posting on the Money Saving Expert Forums.

springlamb Wed 28-Jan-15 13:52:22

If the hedge has been there 26 yrs and the owners of your house have maintained the area (grass verge) on your side of the hedge since that time, isn't there some caveat that it becomes yours after 10 years (so 16 years ago) anyway?
Not sure whether it applies here but might be worth mentioning to solicitor.

Lonecatwithkitten Wed 28-Jan-15 15:59:11

Springlamb is right even if technically the land is yours if they have had unrestricted access to it for this period they maybe able to obtain an adverse possession order to make the land theirs. You need legal advice.

LandRegRep1862 Thu 29-Jan-15 14:06:39

The title plan for either title will only reveal the general extent/boundaries as registered. It will not show the exact boundary line to the nearest inch.

Whilst it can help to identify where a legal boundary may exist, just like any plan drawn to scale, the thickness of the drawn line will represent a measurement as well.

The dotted or pecked line you refer to can either be an Ordnance Survey detail added when they surveyed and mapped the area and represents a physical feature less than a foot in height e.g. a kerb or similar; OR it can be a line added by us to assist with our then adding the red edging/line to the plan.

Our online guidance on boundaries and Practice Guide 40 and it's various supplements will explain this in more detail if required.

https://www.gov.uk/your-property-boundaries and
https://www.gov.uk/government/collections/land-registry-practice-guides

The wider issues re adverse possession (claiming someone else's land after a period of time) is something to consider but you refer to a gate and access to it. If this implies consent to use it and/or occupy it then that may negate any claim.

The course you have chosen, legal advice and requesting the neighbour proves their position seems to be the correct one to choose.

The ideal scenario is to pool information/understanding with a neighbour and then agree on the position of the boundary and who will maintain it etc. However the post suggests that opportunity is not available.

midgeymum2 Thu 29-Jan-15 14:11:40

Is there a title deed that accompanies the plan, which does tribes the boundaries?

midgeymum2 Thu 29-Jan-15 14:12:41

Describes the boundaries I mean!

Teapot74 Thu 29-Jan-15 17:31:36

Thanks. I have offered a compromise to the neighbours and am waiting to hear. The drive and land to the right originally belonged to them. There was no hedge. They planted the hedge and subsequently sold the drive and all rights of access but feel that selling the drive does not constitute the grass verge. Am hoping that we can reach a compromise. Don't want to go down the legal route...

TheUnwillingNarcheska Thu 29-Jan-15 21:22:50

Have you posted on Garden Law with photos? It might be a good idea as each case is individual and people have specifically been through or are going through boundary disputes.

What are they wanting to do with this grass verge? Isn't it on the other side of the fence and the hedge?

You have to ask why they want it now, are they planning to widen their drive and need the extra space?

Why do they want that access to your land when they sold that land? They have a gate to nowhere. I would be asking them why. I wouldn't compromise.

You probably know yourself from reading GardenLaw it usually boils down to who has the biggest balls. Sadly the law never seems to be on your side.

As you have been in the property a year and they have only mentioned the grass verge now I would be querying that with them.

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