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land boundary
john_p_b - 23/9/07 at 07:23 PM

how can i find out which land boundary is mine on our house? basically looking at building a carport which would involve removing a hedge but don't want to do it without making sure it's actually ours 1st! the guy who owns the house next door is a bit of a local story for taking the ppl over the back to court for chopping some branches off his tree that were over hanging their garden so i really want to cover myself 1st!

thanks in advance


blakep82 - 23/9/07 at 07:25 PM

speak to your mortgage company, they should be able to sent the deeds to your local branch for you to look at. sometimes they can send you a copy for a small fee


joneh - 23/9/07 at 07:30 PM

It'll say in the deeds to your house. HM Land registry also hold records.


Hellfire - 23/9/07 at 07:37 PM

I'd seriously doubt that it will show the exact boundary on your deeds. (Especially where hedges are concerned) Boundary disputes are extremely difficult to resolve and usually come down to a gentlemans agreement between landowners.

I would suggest you invite your neighbour over for tea and discuss your proposed plans with him politely and see how he reacts. (ok......... maybe not the tea.....)

Phil


StevieB - 23/9/07 at 07:44 PM

I'll second Phil there - no matter what the deeds say, you'll avois any sort of bad reaction by being open and up front rather than just checking the deeds and going for it.

Don't ask permission though - just tell him you're putting in a car port and are looking for his agreement to where the boundary is.


andyharding - 23/9/07 at 07:48 PM

If the new constuction is closer than a certain distance to the boundry (which if you need to cut down the hedge probably will be) then special rules apply with regard to permission etc.

Recommend speaking to planning dept and building control with regards to what you want to do before mentioning it to next door. That way you know exactly what you can and cant do so he cant make you look like a tit threating legal action and quoting rules at you.


Hellfire - 23/9/07 at 07:56 PM

A carport attached to the side of a house is exempt from Planning Control because it is covered by a general planning permission, granted by law. However, planning permission would be needed if any part of the carport will stand closer to any highway than the existing house does, unless it is more than 20m (67ft) from the highway boundary.

Phil


john_p_b - 23/9/07 at 08:05 PM

nowt's ever simple is it. lol.

basically it'll run the length of the house so will be no closer to the road than the house.

talking to the house owner next door is a mission in it's self, he upped and left 9 years ago and the house has just stood empty like he just decided he was leaving so closed the door and never walked back in, it's like a time warp in there! his daughter turns up from time to time to trim the weeds on the end of the drive and check the door is still locked. will have to try and catch her next time she comes.


joneh - 23/9/07 at 09:07 PM

The deeds to my house explain very clearly that by viewing from the front of my house I am responsible for the left hand fence and the rear fence. May be different in different councils but worth a look. The original post asks for which boundry is theirs not har far / where it is. It should say in the deeds as they describe the property.

With regards to plaaning permission you probably wont need it, as mentioned by hellfire.

Hope this link helps: Clicky



[Edited on 23/9/07 by joneh]

[Edited on 23/9/07 by joneh]


Peteff - 23/9/07 at 09:24 PM

That is their right, as long as they give him whatever they chopped off as it remains his property.


billy - 23/9/07 at 09:45 PM

Just do it, dont worrie about what they think or even try to do! theres no easy way to prove a boundry and it can cost thousands in legal crap that gets you no where yep ive done it


Hurdsey - 24/9/07 at 09:43 AM

The boundary should be marked in red on your deeds.
But if the house is empty, with only occasional visits, couldnt the hedge have blown over during the high winds that occured between visits we are getting into the windy season now, arent we


iank - 24/9/07 at 09:51 AM

quote:
Originally posted by Hurdsey
The boundary should be marked in red on your deeds.
But if the house is empty, with only occasional visits, couldnt the hedge have blown over during the high winds that occured between visits we are getting into the windy season now, arent we


Bl**dy hell, can you u2u this weeks lottery numbers

http://news.bbc.co.uk/1/hi/uk/7010172.stm


DarrenW - 24/9/07 at 09:57 AM

Is there a bit of an old fence within the hedge? Are the roots on your side or his? Might give you some clues if you look carefully.

It is worth talking to planning dept about your proposal. Im sure most are quite obliging if you put a sketch in, they should be able to tell you if planning is required and if it is worth submitting. Of course they wont give you a definitive answer like this but if you play fair with them they are normally very ameniable (unless its a Northern thing!!)



i have heard of some people having trouble with car ports. Too many times have people obtained correct regs etc and then later started to fill in the sides (ie taking the michael a bit) which causes new applications some bother. I may be wrong but be prepared with some well rehearsed answers if they try to play devils advocate with you.


martyn_16v - 24/9/07 at 04:49 PM

quote:
Originally posted by Peteff
That is their right, as long as they give him whatever they chopped off as it remains his property.


I did wonder about that bit too, I looked into it when we moved into our place and then gave the overhanging trees a rather over-enthusiastic pruning (basically cut a straight plane up from the fence).

I've actually been over into the woman behind us' garden and lopped a whole tree down with the help of another neighbour now, it was very dead and leaning perilously close to our roof, all it would have taken was a stiff breeze or an overweight squirrel to bring it down....


PaulBuz - 24/9/07 at 07:26 PM

Just apoint to think about.. How are you going to get rid of the rain water from the car port? a gutter maybe?
Will this said gutter then overhang onto your neigbours property?
Been there, done that..nightmare