Where to start?

Discussion in 'General Gardening Discussion' started by Kazonline, Apr 10, 2006.

  1. Kazonline

    Kazonline Apprentice Gardener

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    Again thanks to all of you - I'm really wowed at the support and advice you've all given. I've checked out that link, thanks DAG. It came back with two surveyors to try so I'll give them a call to get an idea on cost, but I'll also contact the CAB as you suggested Fran. I'm pretty sure that if I could get a legal bod to confirm where the boundary was originally it would help.
    No LadyG, you've not worried me. To be honest those concerns already lurk in my mind. I think your spot on about me seeming a 'soft target'. At one point they showed me 'deeds' that showed the fence to be a zig zag. It was very official looking, but when I remortgaged the bank sent me my deeds (no idea why!) and it clearly showed the boundary as a straight line. When I eventually plucked up the courage to tell them this they then started to say that investigations might reveal that my extension was built on their land and I'd have to knock it down. As for planning permission I don't believe permission was granted for either extension. When we bought this property it took a little longer as retrospective permission had to be granted, I believe their work was carried out by the same builder so it's highly likely that they never received planning permission either (as was the case with several properties in the street).
    I did try speaking with the land registry once, but they say that they cannot verify where a boundary actually is, their information is just a guide (why they are called 'land registry'if this is the case I've no idea!!!) :rolleyes:
    As for the lawn, I've had another idea - what if I were to put down a weed killer (is there a sort that wears off after a year?) and then cover the area with play bark, then in a year or so dig it in, add some topsoil and re sow the area? (I'm thinking that the bark would actually act as a sort of organic material that would help with drainage, plus it would raise the level of the garden a little) Or am I completely off track?
    (Or 'barking' mad? :D )
    Kaz x
     
  2. DAG

    DAG Gardener

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    Kazonline, just found this:

    Moving boundaries

    Over long periods of time boundaries can move and end up not following the line marked on the deeds. The reason for such changes is rarely recorded and as a result can cause fierce disputes at a later date, especially if the owner has lost the right to move the boundary line back to where it was originally.

    Adverse possession, also known as 'squatters' rights', exists in England, Ireland and Wales and this means that if a boundary has been moved and that land has been in a neighbour's possession for more than ten or 12 years it becomes theirs. This is only if the land has been used without the owner's permission. The ten-year period applies to land which has a registered title. The 12-year limitation period applies to unregistered land.

    HM Land Registry can help with boundary investigations. If land is registered then the deeds can be changed to include extra land.
    ---------------------------------------------------------------------------

    So in your case 10 years then! But from when? ;)
    A dated document now would be useful if it drags on for years.

    Regarding The Land Registry, I would try and use the CAB to act on your behalf, they won't be so easily pushed aside. In my case it was the Pensions Dept. who didn't want to deal with me, but the CAB have more clout, got straight thro' and got it dealt with immediately! But I would go there rather than phoning! IMHO

    Here is the link, which has some other interesting stuff on there as well!:
    http://www.bbc.co.uk/consumer/guides_to/gardening_boundaries.shtml#moving_boundaries

    Good luck!
     
  3. Lady Gardener

    Lady Gardener Gardener

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    your ultimate "friend" is your MP, when i was in Civil Service believe me thaey had clout, so dont be afraid to wave this wand, go back to land registry and ask for a ruling in writing, they must give it to you, they are civil servants, ask for the grade of the person you are talking to, if HEO you mite be ok, but not clerical officer!
     
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