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Any architects or solicitors that can help? Boundary dispute with architect neighbour on the basis of own drawing!

12 replies

WimpoleHat · 01/03/2022 18:14

Many years ago, we had an extension built and asked our neighbours, who are architects, to do the work for us. They were pretty highly regarded. As part of the work, they said we needed a boundary survey, for which we paid them. This outlined the boundary of our land (with the rest of the land being theirs). This was submitted to the Council to obtain planning permission.

Roll on a number of years - and they are now trying to instigate a boundary dispute, saying that their drawing was “just architect’s drawing” and doesn’t accurately reflect the land registry plans. We are furious - not least because the disputed land in question is a bit of scrubland, a long way from their house. But it has our oil tank on it and we need to get access round the back of that.

I’m considering a professional complaint - presumably there’s a conflict of interest in taking on work and then later denying the accuracy of your own work in your own interest? Are there any other avenues open to us? Would be hugely grateful if the collective MN wisdom has any ideas.

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Movingonup22 · 01/03/2022 18:18

Love it! Yes I would complain to the professional Refulator - if nothing else they deserve to be embarrassed

WimpoleHat · 01/03/2022 18:25

You couldn’t make it up, could you?! Do you know how much bite these professional regulators have? I’m assuming it’s RIBA and the ARB in this case.

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Talliah · 01/03/2022 18:25

They’ve got a bloody cheek.

I have no idea whether they have any grounds to dispute their own previous drawing or not but they clearly have absolutely no shame.

BathTangle · 01/03/2022 18:29

Are you saying you placed your oil tank where it is on the basis of their plans?

I agree that you might have recourse to them if you can demonstrate (letters, paperwork) that you instructed them to do a "boundary survey" and that they agreed to provide this. Then it will be up to them to show that they included a disclaimer that their plans could not be relied upon for boundary purposes.
The Land Registry plans are generally the legal basis unless you have older documents proving LR has made an error. What does the LR plan show?

PliqueAjour · 01/03/2022 18:31

Well it's annoying but really you need to confirm your boundary via the Land Registry records not some architects' plans from years ago. If they got their drawings wrong that doesn't change your boundary, it is what it always was. I presume you had sight of boundary records when you bought your house?

WimpoleHat · 01/03/2022 18:32

Are you saying you placed your oil tank where it is on the basis of their plans?

No - that was there when we bought the house and I think has been there for decades. They now say that the Land Registry plans show the boundary going right through the middle of our oil tank….

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Echobelly · 01/03/2022 18:34

I really recommend going to a property mediator for things like this - it should get a better, cheaper and quicker result than anything else.

WimpoleHat · 01/03/2022 18:34

@Echobelly

I really recommend going to a property mediator for things like this - it should get a better, cheaper and quicker result than anything else.
What’s a property mediator? I haven’t come across one of those before.
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BathTangle · 01/03/2022 18:37

Do you have the LR plans? If not they cost £3 to download: make sure you use the .gov.uk site.
www.gov.uk/search-property-information-land-registry.
Then you can check for yourself. Bear in mind that the plans are generally at a 1:1250 scale, so a line that is even 0.5mm on the plan will be more than 60cm wide on the ground so there's quite a bit of margin for error....which may or may not work in your favour.

WimpoleHat · 01/03/2022 18:51

If I recall, the point of the boundary survey was that the LR documents weren’t accurate enough. Their survey was done in millimetres.

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GinPalace2 · 01/03/2022 19:41

A boundary survey done by professionally qualified surveyors and agreed by all parties as accurate should trump the LR plans. If you look at the Land Registry website you can submit your boundary survey to have it registered.
www.gov.uk/your-property-boundaries

Thoroughly check the survey and correspondence against the Land Registry guidance and for any get out clauses.

Obtain a copy of the professional standards for their qualifications and highlight any they are breaching.

Forward the copy documents and professional standards to them pointing out the evidence you have and that as far as you are concerned the boundary survey is the primary document in establishing the boundaries of your property.

If they don’t then realise they are on to a loser then make the complaint to their professional bodies.

You may also want to refer them to the following:
www.gov.uk/your-property-boundaries

CorsicaDreaming · 02/03/2022 01:26

@WimpoleHat

Are you saying you placed your oil tank where it is on the basis of their plans?

No - that was there when we bought the house and I think has been there for decades. They now say that the Land Registry plans show the boundary going right through the middle of our oil tank….

If it's been there for decades you may also have created an easement / right of use regardless of original boundary line. Not my area of law but worth checking out too with an expert

Perhaps ask your original conveyancing solicitor?

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