Boundary dispute again
Posted: April 15th, 2024, 4:52 pm
This is not a big disputed area, but it is giving an opportunity to a set of unpleasant neighbours to do a bit of harassment of one of my relatives.
These are two identical suburban detached houses dating from about 1975. The boundary of my relatives property as shown on the Land Registry map is a dead straight line from the road to the end of the back garden. No ownership is shown for any of their boundaries, which leads me to think that the neighbours Land Registry map also shows no ownership. The front gardens are mainly open plan separated only by very low brick retaining walls. I'm not sure whether open plan is stipulated in any covenants.
On the ground, the front low wall is straight, following the LR plan, but takes a kink of about 1m by 3m in front of the side gate,while behind the side gate it kinks back to follow the LR line. This kink was obviously put into the low retaining wall in order to skirt a very large tree and its roots, of which a substantial stump remains on the LR boundary line. It is quite an important area because it is right alongside the side gate access. It is just a bit of shaded front garden, and is not used for anything by anyone, so the question of ownership has not come up before.
The LR map appears to be very clear indeed, that the kinked area belongs to my relative. The low retaining wall around the tree stump is not the boundary, and it seems very likely that ownership of the boundary is shared 50/50 between the houses.
Anyone think I am correct?
These are two identical suburban detached houses dating from about 1975. The boundary of my relatives property as shown on the Land Registry map is a dead straight line from the road to the end of the back garden. No ownership is shown for any of their boundaries, which leads me to think that the neighbours Land Registry map also shows no ownership. The front gardens are mainly open plan separated only by very low brick retaining walls. I'm not sure whether open plan is stipulated in any covenants.
On the ground, the front low wall is straight, following the LR plan, but takes a kink of about 1m by 3m in front of the side gate,while behind the side gate it kinks back to follow the LR line. This kink was obviously put into the low retaining wall in order to skirt a very large tree and its roots, of which a substantial stump remains on the LR boundary line. It is quite an important area because it is right alongside the side gate access. It is just a bit of shaded front garden, and is not used for anything by anyone, so the question of ownership has not come up before.
The LR map appears to be very clear indeed, that the kinked area belongs to my relative. The low retaining wall around the tree stump is not the boundary, and it seems very likely that ownership of the boundary is shared 50/50 between the houses.
Anyone think I am correct?