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would a RICS expert end my problem

2 replies

partywallagain · 21/11/2017 16:13

Nobody wants to answer my other thread about dispute. Maybe this is shorter.

Neighbouring disputing who disputed party wall is now disputing it runs in a straight line down garden.
This is what my Chartered Surveyor said, FRICS. The start is not disputable to the expert. All party wall on same plane and my fence abuts from my half of party wall. All the way down the garden until it meets neighbours garage on it's left. Previous resident of my house had screen in front of garage with trellising panels you could take out and store stuff behind alongside the garage. The very end completely unscreened and just the neighbour's garage forming boundary.

If FRICS chappie comes out and says here is the end point of the boundary, it is a straight line from the start measurement and, we have title to all that, will that shut them down?

They have threatened to damage anything we put up, so do we just call home insurance solicitor to stop them.

One area they are disputing is that their overgrown wood ivy which pushed through the fence and the fence itself is now the new boundary as far as the ivy grows. They also dumped a whole load of rubble behind where it had made the fence slip to push it out more.

Is the Chartered Surveyor saying this is the end point of the boundary, we know the start and it is all in a straight line the ammunition we need if neighbour kicks off?

OP posts:
wowfudge · 21/11/2017 16:37

Your other post is about 10,000 words and lots of people are at work - you can't expect instant answers! I've skim read this and your earlier post as you mentioned it.

Send them another copy of the original report/opinion from your surveyor and ask them to stop trying to disrupt your works and interfering with your property. Perhaps get your surveyor to provide another letter about the trellis area and the fact your fence is wholly on your land, etc. Do the title plans support what you and your surveyor assert? These people are obviously peeved their plans have been disrupted. You don't have to own land to obtain pp to develop it so I take it you objected on the grounds their plans encroached on your land and you weren't in agreement?

Where do they get the impression that the boundary is different than it is actually is?

The only other thing I can suggest is using the RICS's arbitration service to get a ruling on the boundary.

partywallagain · 22/11/2017 01:51

I wasn't complaining. just stating nobody was on that thread. Not good on the old editing.

They are trying to claim adverse possession of the strip behind some panelling and trellis, and alongside their garage, I think. However, the area is not fenced off as such. The trellis is just a screen and we regularly removed it to access and store stuff alongside their garage behind it. The very end has nothing in front of the garage.

Yes, title plans correspond with garage being flush with our boundary. someone had the idea of putting trellis and some high panelling to disguise the garage. But with a gap. Unfortunately, the out of control ivy was pushing the panelling and bursting through it.

I think we'll get a rics out and get the assurance of an expert showing the exact point for the fencer.

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