boundry wall dispute - who'd do a survey?

[evedawn]

we need to get a professional co in to do a survey of our / and neighbours land as there is a dispute over a boundary wall that looks as though it is incorrectly placed.

I've typed in "land surveyors" on yahoo search but most of the answers seem to be for estate agents and info re buying or letting.

any ideas as to WHO or WHAT SORT OF CO would do this survey would be appreciated please.

[LoftyLottie]

Before you go to the expense of survey/solicitors:

How long has the wall been in place?

We are in the same situation as a neighbour has insisted we have stolen 2ft of garden. We have had the same boundary for 30 years and the fence was in place when we moved in. The neighbour moved in 3.5 years ago and decided the fence was in the wrong place.

We have been advised that regardless of survey or deeds because the fence has been their for over twelve years and has been accepted as our garden, then they haven't a leg to stand on.

[LoftyLottie]

I should say that the advice came from a solicitor who deals with issues such as this.

[evedawn]

thanks lofty.

I've contacted a chartered surveyor who'll be emailing me some details...

[buildersmate]

As above, if you've been maintaining this land with the boundary around it for more than 12 years then you probably have the right to have it registered to your land title under Adverse Possession.
This document from the Land Registry may help you understand the problem with boundaries that are not clearly defined.
http://www1.landregistry.gov.uk/assets/library /documents/public_guide_019.pdf
If you do need to through through the process of determining exact boundaries, a Land Surveyor is what you need. They would normally be members of the Institute of Chartered Surveyors.

[buildersmate]

My answer crossed before you put the above up.

[cassa333]

As I understand it the law on the 12 years has changed. A lot of people get confused with this because of all the publicity a few years back when squatters claimed million pound houses in London.

After 12 years you may have a right to USE the land in question but it remains the property of the original owner. You do not get to change the ownership at land registry.

When the property then comes to be sold is when the difficulty realy begins. Or if it is unregistered.

[LoftyLottie]

Have looked into the land registry thing and spoken to the solicitor about it. Very complicated law, but apparently the land registry new laws came in in 2002 and because we had had the same boundary since 1979 which is more than 12 years before 2002 it comes under the old rules. (Difficult to explain!!)

[LoftyLottie]

Also our land registry details are not precise as we live in a very rural area in very old cottages and the boundaries are not shown as being precise. The land registry entry actually states this. Even the maps on the land registry entries show the buildings as they were back in the 60's!!!

[LoftyLottie]

Our land was not registered when our neighbour moved in in 2004. It is now.

There have been two previous owners before this new family moved in and the boundaries were always accepted. The new owner is saying we 'stole' the land two years before he moved in. Quite how, we are not sure - I think the previous owner might well have noticed!!

Sorry I have highjacked your thread evedawn, but it's a sort point at the moment!!!