# Accidently going over over a neighbours boundary-how can I solve this?



## mistypaws (16 Nov 2009)

I am nearing the completion of an extension-a three month process-and my neighbour has informed us we have built 4 inches into his land. We drew up and signed a document agreeing to buidling along the boundary line but it looks like the builder has gone slightly too far-we honestly didn't realise and are mortified. Question is what do we do now? We have a meeting set up but do we grovel or go straight in to offering something... Do we have to pay to take the wall down if he insists or should the builder shoulder this-at this point I wish we have never started.


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## Sconhome (16 Nov 2009)

If you have an agreement and broke it you will be responsible. If you clearly communicated the agreement to your builder and issued him /her with a clear set of construction designs clearly setting out the lines and dimensions of the project then responsibility for the mistake will lie at their feet.

What happened along the way? Surely as the footings wall rose out of the ground the mistake should have been spotted in the misalignment of the blockwork? Questions should also be asked of your site supervisor / engineer / architect who would normally pick up on items like this.

A lot will depend on the information provided to the builder and the accuracy of this information. Naturally everybody is going to say they aren't responsible and the can will be left with you. If your information chain is correct you should be able to establish clearly who is responsible and their respective insurance policies should cover the reinstatement costs.

To answer your direct question. The thing is to identify and agree a mistake has happened, inform your neighbour that you are going to deal with the relevant individuals, you could possibly ask them (if it is you and them) what they would like to happen, be prepared for "give us back our 4" of land".

 I don't think you can offer anything other than to consider buying the 4" of land, trespass has occurred. 

Although you could ask Pat . . .


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## woodbine (16 Nov 2009)

did you mean feet or inches?


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## mistypaws (16 Nov 2009)

only by about four inches- we didn't notice as the back has been a buiding site and unsafe-we only looked at the inside progress. We did provide the builder with architects plans and the work has been of excellent standard-and still continues in other parts of the house to accomodate elderly relatives.Any idea how much it will be to "buy" the inches -it is about 3.5 metres long


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## Clohass (16 Nov 2009)

Hi Mistypaws, I sympathise with your prediciment, however I'd imagine your neighbour is probably equally distressed about this as it may have implications for your planning and his property going forward. There are likely to be implications for both properties in any subsequent change of ownership unless the matter is addressed now. Did your neighbour approach you in a co-operative manner, anxious to get it resolved or did he simply advise you of the problem and ask you to sort it? I suppose the bottom line is that he hasn't created this problem but needs reassurance that a satisfactory solution can be found that protects his rights and won't cause him problems into the future. When you say four inches is this the extent of the intrusion or are you still discussing this? I'm wondering is there further overhang on roof detail, guttering etc?

Best of luck finding a solution


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## mistypaws (16 Nov 2009)

Thanks everyone for the advice so far. We have been so careful to keep everyone happy-designing it with no overhang, completing with a special finish he wanted and doing some favours for him-the family has lived here for 30 years so hopefully we can sort this out-totally realise this is our fault and he must be worried about this. Am wondering if offering to move the dividing wall out further down to give him back some land might be a good idea


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## Pope John 11 (16 Nov 2009)

mistypaws said:


> We did provide the builder with architects plans and ........


 
What has your builder said, what has your architect said, whats on the drawings?


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## cork boy (25 Nov 2009)

4 inches is a tiny incursion.  On what map is this based.  Most title maps are drawn on a scale that make it impossible to fix the boundary to within 4 inches


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## onq (25 Nov 2009)

Youre correct on the map cork boy, but I'd expect it would be relatively easy to see where the line has been gone over based on the original line, the party wall location and the remains of the garden boundary.

FWIW 1:2500 OS Maps used to be deemed accurate to + or - 2 metres at the edges of A1 sheets, and I have seen inaccuracies of 4 M when comparing surveys with OS Maps in rural areas.

1:1000 city and town maps are naturally more accurate than this, but the thickness of a drawn line at 1:1000 is at least 100mm 

ONQ.


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## Martin68 (8 Dec 2009)

I cannot believe your neighbours are serious --over 4inches-- 
When I lived in town my neighbour came in over the boundary by about six inches at the back.
I did nothing about it and it was never an issue with us.It was his builder that made the error and never allowed for the plastering or the overhang and having said that the gutter was probably another 4 inches in.
This had no effect when I sold the house.
I  have come across this a lot and most people do not make an issue of it.
If your neighbour is adamant that the 4 inches are an issue for him/her and you have drawings --it is the builder who should sort it out and / or an engineer if you had one.
To be honest when I moved to my new house my neighbour and I changed the boundary-- he got 3 feet at the front and I got 3 at the back.
I asked my engineer about this and he said that it will not make a difference on an OS map.
I would talk with your neighbour if the builder or engineer cannot or will not help.
Most people are reasonable and I would present the fact that you will be next door to each other for possibly many years and you do not want conflict or ill 
feelings.
Unfortunately the ball is in his/her court so it's their call,but before you think of knocking anything or offering any monies to your neighbour get some legal advice.
I really hope you can sort this and wish you the best of luck.


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## RKQ (9 Dec 2009)

Martin68 said:


> To be honest when I moved to my new house my neighbour and I changed the boundary-- he got 3 feet at the front and I got 3 at the back.
> I asked my engineer about this and he said that *it will not make a difference on an OS map*.


 
That Engineer gave bad advice, 3ft or 1m would be difficult to see on an OS map but 1m would make a huge difference to the actual site area. This area is registered with the land registry. 

IMO the Land Reg map is imporant at 1:2500 scale, to show where the site is but the registered area as stated in the Land Reg documents or certified on the map is very important.


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