Fence/Shed in Field

[laurabutlerk]

We knocked trees and put up new fence and shed 5 years ago.. The farmer is now saying we are on his land. I have gotten the deeds from land register and i have got an surveryer to check. He reckons we are 8 ins/1foot either side. Its a big job to move everything and costly as it involves moving oil tank. I reckon we are not in land. But I can afford legal costs.. Any advice ...

 

[lowCO2design]

come to an amicable agreement with farmer where you buy/long lease the +msq of land - otherwise i cant see any alternative other than solicitor discussion.

 

[Leo]

...and i have got an surveryer to check. He reckons we are 8 ins/1foot either side.

Sounds like you need someone who can establish exactly where the boundary is. Then if you have gone outside this, follow the route suggested by lowCO2design.

 

[laurabutlerk]

Thanks for the responses.. Any idea how you go about establishing a boundary ?

 

[lowCO2design]

I have gotten the deeds from land register and i have got an surveryer to check. He reckons we are 8 ins/1foot either side. Its a big job to move everything and costly as it involves moving oil tank. I reckon we are not in land. But I can afford legal costs.. Any advice ...

has your surveyor - who is professional chartered I assume - put this info formally in writing? this is adequate to established the boundary (from your perspective, the adjoining owner may wish to do likewise)

 

[Woodie]

Thanks for the responses.. Any idea how you go about establishing a boundary ?

I think you will find that the only true placement of the boundary will be detailed in the map included with the sale of the property. The Land Registry map may reflect this and it also may not. LR will tell you that they are not the definitive record that the legal sale documents are - forgive me but I think that there shoudl be a legal database somewhere in the country like there is in the UK which is a no argument repository for this information - but that is another day argument.

With the maps from your purchase your surveyor can then can accurately map those to what is on the ground (it may be different to what you think).

If your surveyor is saying that it is within 8in to 1 ft of the correct place probably, to most people would be fine but your neighbour , if I read correctly, thinks otherwise; so only mapping exactly will tell who is right. A couple of hundred euro max should suffice to have the job properly done.

Then armed with the exact information, talk with the farmer to resolve this before it becomes a problem. Nothing like land and boundaries to cause problems no mattter how apparently trivial to one party or the other.