| Advice needed - Leasehold Property Boundary 16:14 - Feb 23 with 2863 views | FrankRightguard |
A question for some of the board sages.
We live in a leasehold property. One of the other properties that borders our back garden to one side (it is a cul de sac so back of their back garden meets the side of ours) has put up a new garden fence...and in doing so has moved it significantly into our garden.
Having checked the Land Registry plans it seems clear they’ve pinched some garden.
Question is, as we are leasehold, do I just tell our management company and ask them to deal with it as it’s effectively their land they’ve grabbed or is it something we have to deal with ourselves?
Any advice appreciated. [Post edited 23 Feb 2020 16:14]
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| Advice needed - Leasehold Property Boundary on 16:21 - Feb 23 with 2842 views | loftboy |
Get the leaseholder for sort it, does he own the leasehold on the other property as well? If not they have used his land and he can reclaim it, would need to take legal advise though, a friend did this and on the day they moved the fence they got the local plod round to ensure there wasn’t a breach of the peace. |  |
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| Advice needed - Leasehold Property Boundary on 16:24 - Feb 23 with 2841 views | FrankRightguard |
That’s what I was thinking. As far as I am aware the leaseholder has nothing to do with the ones that have done the new fence. I’m going to email them for some advice.
We’ve been round and told them that we are not happy with the position of the fence. | | | |
| Advice needed - Leasehold Property Boundary on 17:14 - Feb 23 with 2779 views | HantsR |
This is often a complex issue as the Land Registry map only shows the general location as based on the Ordnance Survey map. Using this principle of general boundaries, property registration is not dependent on precise measurements and map coordinates as other countries might do with their cadastral systems. Unless there are precise boundaries defined in the title deeds or at time of registration, the boundaries are where there is an agreed boundary and defined in physical terms by usually a fence or hedge. That physical boundary is what Ordnance survey record and their map shows its location at the time of mapping, not any legal boundary. If a neighbour decides of their own volition to alter the position it can be challenged but is sometimes a messy business. One often needs other evidence such as photographs and witness statements to support a claim. Continued, undisputed use or enjoyment of land is a good defence. I have friends and former colleagues who specialise in this type of dispute but I think even they would advise that it's best to try and resolve the issue via reasoned discussion with the neighbour as disputes can be costly. Not always easy! |  | | |
| Advice needed - Leasehold Property Boundary on 17:18 - Feb 23 with 2771 views | gazza1 |
The person who owns the Freehold of the property needs to be informed accordingly. |  | | |
| Advice needed - Leasehold Property Boundary on 18:10 - Feb 23 with 2704 views | HantsR |
| Advice needed - Leasehold Property Boundary on 17:18 - Feb 23 by gazza1 |
The person who owns the Freehold of the property needs to be informed accordingly. |
Agreed and if I were the freeholder or their agent, I would want and expect to be told of any incursion like this asap | | | |
| Advice needed - Leasehold Property Boundary on 20:45 - Feb 23 with 2551 views | paesanu |
First off, just to define some terms. Have you bought the property? If so, you're the leaseholder.
If you're renting it, your landlord is the leaseholder.
The overall owner of the building / communal bits is the freeholder. They either manage themselves in-house or employ a managing agent on their behalf.
In regards to your situation, someone has infringed on the land. The land belongs to the freeholder, and quite rightfully they're going to react strongly to what's happened.
Report it to the management company, and sit back and relax as you watch those thieving bellends to sheepishly undo what they did. |  |
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| Advice needed - Leasehold Property Boundary on 21:29 - Feb 23 with 2511 views | FrankRightguard |
We live in a block of 4 purpose built maisonettes. We are top floor so rear part of the garden is ours. I am assuming the freeholder also retains the rights to the garden as well as the building and land it sits on.
The fella that owns the new fence rocked up about an hour later and asked to come and have a look. He then agreed with us that “his builders” had indeed moved the fence. He has seen that their shed, that used to be inches from the fence, is now about a foot away from it. He’s apparently speaking to them tomorrow and will come back with an update.
If the update isn’t that he’s getting the fence moved back to the original position, I’ll be onto the management company for the freeholder and they can crack on with it. | | | |
| Advice needed - Leasehold Property Boundary on 21:31 - Feb 23 with 2508 views | FrankRightguard |
| Advice needed - Leasehold Property Boundary on 20:45 - Feb 23 by paesanu |
First off, just to define some terms. Have you bought the property? If so, you're the leaseholder.
If you're renting it, your landlord is the leaseholder.
The overall owner of the building / communal bits is the freeholder. They either manage themselves in-house or employ a managing agent on their behalf.
In regards to your situation, someone has infringed on the land. The land belongs to the freeholder, and quite rightfully they're going to react strongly to what's happened.
Report it to the management company, and sit back and relax as you watch those thieving bellends to sheepishly undo what they did. |
I should have said we are the leaseholder and was thinking of informing the freeholder. Confused in my rage  | | | |
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| Advice needed - Leasehold Property Boundary on 13:10 - Feb 24 with 2395 views | ellersliehoop |
| Advice needed - Leasehold Property Boundary on 17:14 - Feb 23 by HantsR |
This is often a complex issue as the Land Registry map only shows the general location as based on the Ordnance Survey map. Using this principle of general boundaries, property registration is not dependent on precise measurements and map coordinates as other countries might do with their cadastral systems. Unless there are precise boundaries defined in the title deeds or at time of registration, the boundaries are where there is an agreed boundary and defined in physical terms by usually a fence or hedge. That physical boundary is what Ordnance survey record and their map shows its location at the time of mapping, not any legal boundary. If a neighbour decides of their own volition to alter the position it can be challenged but is sometimes a messy business. One often needs other evidence such as photographs and witness statements to support a claim. Continued, undisputed use or enjoyment of land is a good defence. I have friends and former colleagues who specialise in this type of dispute but I think even they would advise that it's best to try and resolve the issue via reasoned discussion with the neighbour as disputes can be costly. Not always easy! |
I had a boundary issue with a neighbour last year. I would advise strongly against getting involved in a dispute of this nature. If it ends up in court you're looking at £50k+ in fees, if you lose you may well paying for the other side too | | | |
| Advice needed - Leasehold Property Boundary on 19:31 - Feb 25 with 2202 views | paesanu |
| Advice needed - Leasehold Property Boundary on 13:10 - Feb 24 by ellersliehoop |
I had a boundary issue with a neighbour last year. I would advise strongly against getting involved in a dispute of this nature. If it ends up in court you're looking at £50k+ in fees, if you lose you may well paying for the other side too |
Not necessarily. You would explore mediation first.
Anyway hopefully it's all getting sorted anyway according to OP! | |
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| Advice needed - Leasehold Property Boundary on 20:28 - Feb 25 with 2174 views | itsbiga |
| Advice needed - Leasehold Property Boundary on 17:18 - Feb 23 by gazza1 |
The person who owns the Freehold of the property needs to be informed accordingly. |
Yup gotta get the Freeholder or holders.
Been through this myself. Took ages as there were 4. | |
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