Boundary Dispute
 

Hi,
We have recently moved house and we have an area between our house and our neighbour's house which you would think would be shared between the properties. Our back garden is partly behind this area, so you would think that that border would continue forward between the houses and through to the front garden and the up to the road. However our neighbour tell us they own this entire area between the houses and have placed five large plant pots there, one virtualy touching our house. This is their only side access but we also have access on the other side of our house. We currently can only get to this area by walking down their drive but we suspect they have made changes whilst the house was empty before we moved in.
A friend tells us that there must be an area next to the outside wall of a house that belongs to that house, then an area of no-man's land, then the neighbour's property. If this is true it would prove the pots have to be moved as they are on our own land. Please can you advise if this is the case and whether the border between the houses at the back would reasonably continue forward between the houses as we suspect. Our neighbours seem to be telling us that the border curves around our house and the chimney breast giving them the whole area between the houses. Please advise.
Cheers,
Andrew

"Kristiansand99" wrote in message
...

Hi,
We have recently moved house and we have an area between our house and
our neighbour's house which you would think would be shared between the
properties. Our back garden is partly behind this area, so you would
think that that border would continue forward between the houses and
through to the front garden and the up to the road. However our
neighbour tell us they own this entire area between the houses and have
placed five large plant pots there, one virtualy touching our house.
This is their only side access but we also have access on the other
side of our house. We currently can only get to this area by walking
down their drive but we suspect they have made changes whilst the house
was empty before we moved in.
A friend tells us that there must be an area next to the outside wall
of a house that belongs to that house, then an area of no-man's land,
then the neighbour's property. If this is true it would prove the pots
have to be moved as they are on our own land. Please can you advise if
this is the case and whether the border between the houses at the back
would reasonably continue forward between the houses as we suspect. Our
neighbours seem to be telling us that the border curves around our house
and the chimney breast giving them the whole area between the houses.
Please advise.
Cheers,
Andrew

--
Kristiansand99

When you purchased the house didn't you or your bank get a survey?

Kristiansand99 wrote:

A friend tells us that there must be an area next to the outside wall
of a house that belongs to that house, then an area of no-man's land,
then the neighbour's property. If this is true it would prove the pots
have to be moved as they are on our own land. Please can you advise if
this is the case and whether the border between the houses at the back
would reasonably continue forward between the houses as we suspect. Our
neighbours seem to be telling us that the border curves around our house
and the chimney breast giving them the whole area between the houses.
Please advise.


Your friend is, shall we say, misinformed. Boundaries do not have to be logical,
in a straight line, follow the natural contours of the ground or anything else.
You need to look at the legal survey of your property.

Kristiansand99 wrote:
We have recently moved house and we have an area between our house and
our neighbour's house which you would think would be shared between
the properties. Our back garden is partly behind this area, so you
would think that that border would continue forward between the
houses and through to the front garden and the up to the road.

I wouldn't think that. Property lines are determined by the plat of the
property, which is in your local town hall property records and also on the
survey that you (and/or your title company) received when you bought the
house. You did get title insurance, right?

So look at the official records and see where your property line is.

On Tue, 18 Jan 2005 07:41:21 -0700, "Clark W. Griswold, Jr."
wrote:

Kristiansand99 wrote:

A friend tells us that there must be an area next to the outside wall
of a house that belongs to that house, then an area of no-man's land,
then the neighbour's property. If this is true it would prove the pots
have to be moved as they are on our own land. Please can you advise if
this is the case and whether the border between the houses at the back
would reasonably continue forward between the houses as we suspect. Our
neighbours seem to be telling us that the border curves around our house
and the chimney breast giving them the whole area between the houses.
Please advise.


Your friend is, shall we say, misinformed. Boundaries do not have to be logical,
in a straight line, follow the natural contours of the ground or anything else.
You need to look at the legal survey of your property.

True. And your friend is probably referring to the "setback," which
is an area along the property boundary on the inside that serves as an
invisible border on which to install fences and the like without
running into jurisdictional violations. Many locations require fences
or other structures to be installed no closer than 12 inches or some
similar distance from the true property boundary. But that's a
different matter than what you're talking about.

On Tue, 18 Jan 2005 14:57:07 GMT, someone wrote:

I wouldn't think that. Property lines are determined by the plat of the
property, which is in your local town hall property records and also on the
survey that you (and/or your title company)...

Sounds like an Englishman. May nit be a "plat" or a "title company"
where he lives. But there sure as Hell *should* be definite
boundaries that are not a matter of what a friend thinks! But maybe
the neighbour thinks he has has "taken" an area by adverse possession?

Guy needs a surveyor plus a "solicitor" or "barrister", not opinions
on the internet.


Reply to NG only - this e.mail address goes to a kill file.

v wrote:
/snip/
Sounds like an Englishman. May nit be a "plat" or a "title company"
where he lives. But there sure as Hell *should* be definite
boundaries that are not a matter of what a friend thinks! But maybe
the neighbour thinks he has has "taken" an area by adverse possession?

Guy needs a surveyor plus a "solicitor" or "barrister", not opinions
on the internet.

The UK equivalent is the Land Registry:
http://www.landregisteronline.gov.uk/

Kristiansand99 wrote:
Hi,
We have recently moved house and we have an area between our house
and
our neighbour's house which you would think would be shared between
the
properties. Our back garden is partly behind this area, so you would
think that that border would continue forward between the houses and
through to the front garden and the up to the road. However our
neighbour tell us they own this entire area between the houses and
have
placed five large plant pots there, one virtualy touching our house.
This is their only side access but we also have access on the other
side of our house. We currently can only get to this area by walking
down their drive but we suspect they have made changes whilst the
house
was empty before we moved in.
A friend tells us that there must be an area next to the outside wall
of a house that belongs to that house, then an area of no-man's land,
then the neighbour's property. If this is true it would prove the
pots
have to be moved as they are on our own land. Please can you advise
if
this is the case and whether the border between the houses at the
back
would reasonably continue forward between the houses as we suspect.
Our
neighbours seem to be telling us that the border curves around our
house
and the chimney breast giving them the whole area between the houses.
Please advise.
Cheers,
Andrew


--
Kristiansand99

"no man's land"? between private properties? The only thing I can think
of that remotely resembles that is (a) road allowance, which is a grey
area of your property bordering the street which you need to maintain
but which the city can take over if it wants, and (b) common property
in a condominium or similar situation. Assuming you're in a private
ownership situation, your boundary with the neighbours will be a very
definite, though possibly zigzag, thin line. The only problem is that
you don't know where it is.

Now, there could be an area of your property to which they have
right-of-way access. This ought to be documented on both your
properties but could maybe be documented on either one. Worst case, it
was agreed to by prior owners but never registered anywhere.
Have a survey done pronto.

Chip C

On 18 Jan 2005 12:10:19 -0800, "Chip C" wrote:

"no man's land"? between private properties? The only thing I can think
of that remotely resembles that is (a) road allowance, which is a grey
area of your property bordering the street which you need to maintain
but which the city can take over if it wants, and (b) common property
in a condominium or similar situation.

A third possibility is that this "no man's land" is actually owned by
the local county or town, much like the allowance in (a) above. My
parents had such a situation where the town owned a strip of land
about 20 feet wide between their house and the neighbors, and we mowed
the damned thing for 29 years. The town never built the pedestrian
walkway they'd bought the property for.

"Kristiansand99" wrote in message
...

Hi,
We have recently moved house and we have an area between our house and
our neighbour's house which you would think would be shared between the
properties. Our back garden is partly behind this area, so you would
think that that border would continue forward between the houses and
through to the front garden and the up to the road. However our
neighbour tell us they own this entire area between the houses and have
placed five large plant pots there, one virtualy touching our house.
This is their only side access but we also have access on the other
side of our house. We currently can only get to this area by walking
down their drive but we suspect they have made changes whilst the house
was empty before we moved in.
A friend tells us that there must be an area next to the outside wall
of a house that belongs to that house, then an area of no-man's land,
then the neighbour's property. If this is true it would prove the pots
have to be moved as they are on our own land. Please can you advise if
this is the case and whether the border between the houses at the back
would reasonably continue forward between the houses as we suspect. Our
neighbours seem to be telling us that the border curves around our house
and the chimney breast giving them the whole area between the houses.
Please advise.
Cheers,
Andrew


--
Kristiansand99

It is extremely unlikely that the neighbor's property line comes right up to
your wall (unless you are in a townhouse). Most, if not all commmunities
require a certain amount of space (owned by you) on all sides of a property.
The no-man's land area may be what is known as an easement, but it is not
usually required betweeen neighbors. Easements are usually in the deed, and
are between the property owner and utility companies or governments. There
are situations when it may be between two property owners. I live in a
subdivision that has such an easement with a neighboring property owner.
Bottom line is I think your neighbor is trying a land grab. Your deed should
specify what you own. Get a surveyor if you need to. Adverse posession
usually occurs after seven years.

An expensive instrument survey may be the only legally defensible way
to resolve your situation.

you should be able to get a "good enough for this purpose" map of the
property boundry line from your county for only a few dollars.