Boundary Moving

[JillyB]

Hello,

I share a driveway with my neighbour and in our deeds the map shows that our boundary goes in a straight line from the bottom of our gardens then between the houses and through the middle of the driveway. i.e. we own half the driveway each.

However, in real life if you look in a straight line you would say that the boundary between our properties does not end in the middle of the driveway, but at the edge - nearly the whole of the driveway being on my neighbour's land.

I agree that this is how it looks, and am happy for the boundary to be changed. We are about to make two driveways and I would like to know exactly where my boundary edge is because my neighbour thinks he owns the whole driveway and I think he is not quite right. I don't in any way want to be difficult, I would just like an independent view so we are both happy with the final decision.

Any suggestions for what I can do - I've looked online and have got confused by the many different surveyors?

Many thanks,
JB

[Dod1010]

Presumably the Land Registry is the first place to look and see if it gives a definitive answer. But do you know if for some reason the current mutual driveway is offset from what might be the natural boundary, that is in a straight line from back to front? After all driveways are not a fixed feature or at least need not be and 'the middle of the driveway' is not a very good definition of the boundary as you are now discovering.

Mutual driveways are often a source of friction so it seems sensible to try to define your boundary better if you can.

Dod

[RedSnapper]

Is the driveway mentioned specifically in deeds at all? It's not all that unusual for a 'shared' driveway to formally belong to one house and the other to have a right of way over it. If the driveway is offset it seems more likely that this would be the case.

[Clitheroekid]

I agree that this is how it looks, and am happy for the boundary to be changed. We are about to make two driveways and I would like to know exactly where my boundary edge is because my neighbour thinks he owns the whole driveway and I think he is not quite right. I don't in any way want to be difficult, I would just like an independent view so we are both happy with the final decision.

Any suggestions for what I can do - I've looked online and have got confused by the many different surveyors?

It's quite common for a Land Registry plan to be quite different to the position on the ground.

This is especially the case with LR plans that were created when the house was built, as they usually just copy the plans provided by the developers, and developers are notorious for altering the position on the ground without altering the deed plans to match.

Assuming you're doing it formally the agreement would need to be recorded at the Land Registry, as you would both be surrendering your existing rights over each other's driveway. In that event you would need to prepare accurate plans showing where you've agreed the new boundaries will be so that these can also be registered at the Land Registry.

At the same time as preparing the agreement you could also execute formal transfers to each other of any land that is outside your respective titles as shown on the LR plans, so as to ensure that the legal title to the land matches the new boundaries. This would remove the existing confusion.

Bear in mind that if you have a mortgage on the house your mortgage lender will need to join in the agreement to give their consent to the alterations.

[JillyB]

You are absolutely right Clitheroekid, the map/plan is, I am pretty sure, the developer's plan. In answer to RedSnapper the driveway is shown, with the distinct boundary line in the middle - red - and the area we share, currently two halves, coloured - yellow and orange - to show how much of the driveway is shared. We each have a good area of driveway that we do not share. There is also the written part where we each agree to give right of access, etc.

I have spoken with one solicitor who has offered to look at the deeds and write to my neighbour and this will cost £300. However, my neighbour and I agree the plan in each of our deeds is the same, but it is not accurate on the ground. So I cannot see what the solicitor is offering will take us forward.

I am happy to go to the solicitor when we have agreed the boundary - but does anyone know how we can go about agreeing the exact location of the boundary? I am thinking someone like an independent surveyor, but what kind of surveyor?

Or is there some other service one can access in these cases?

Many thanks for your replies.
JB

[sg31]

If the land registry title plan is wrong you and your neighbour can mutually agree where you want the boundary to be and tell land registry to change it to the new position. I think details of how to do this is given on the land registry site. I presume you will need to provide a plan of the new boundary position but provided you both agree this shouldn't be too difficult.

You could employ a boundary surveyor to draw up the new plan. Google boundary surveyor for your area and you should find a few options. The surveyor can show the existing site according to the title deeds, the actual position of the plots on the ground, the agreed new boundary. I would expect something in the region of £500. Maybe a more in London and the South East.

If you and your neighbour can't agree you may be able to get the boundary surveyor to act as a mediator if you both agree to be bound by his decision. You would expect to pay more for this service.

If you are anywhere near Worcestershire I can recommend one from personal experience.