Property boundary

[nickpb]

My front lawn runs directly alongside my neighbours drive. The actual boundary line shown on the land registry plans is not distinct, and just follows the line of the drive, so we assume the edge of the drive is the actual boundary.
We want to put a flower bed alongside the drive and basically pretty up the lawn, but my neighbour is saying that we cannot go up to the drive as the foundations reach at least 6 inches under the lawn.
In my view, the visible line should be the boundary, but anyone got any thoughts on this please?
Thanks.

[jackthehat]

You need to expose the edge of the driveway.

Driveways don't usually have 'foundations', although there will be some sort of bedding material under the concrete.

Depending upon your plans, you may have to make arrangements to 'shore-up' his driveway, but your starting point ought to be to excavate about 12inches length of drive and ask your neighbour to view it, too.

[Postdog]

I may be missing something here but if, as he says, the foundations go under the lawn, will you be able to plant a flower bed?

[derekpara]

And if his foundations are under your lawn aren't they on your property ?

[askyourgran]

I'd go to see a solicitor with your land registry plans and deeds, just to clear the matter for once and for all. My first thought would be a visible line as the boundary. As there is no fence to mark the edge of your property look at the deeds to the house. My house deeds states that I am responsible for the fence line to the left of my house either at the front or back of the property. I would get a second opinion as to where your actual boundary line is.

[cathfromsaron]

i would save your cash and ask your neighbour what woud be acceptable to him! cheaper to compromise! x

[buildersmate]

Some Land Registry title plans do show ownership of the boundary fences but not all.

You cannot do what askyourgran suggests - it would simply be a waste of money. Land Registry title plans show using a red line on the plan what are known as 'General Boundaries'. This may follow physical features on the ground (streams, ancient hedges) but in most cases there are no physical features to track against.

It is possible to ask the LR on payment of a suitably large fee to undertake an exercise to decide what is the 'Determined Boundary' but this is really only used in cases of disputes. So do as Cath suggests.

[tonywiltshire]

I am not saying you have a boundary dispute but if you did have a boundary dispute you may make some Solicitor very rich.
The title plan will not show a definitive boundary, often they are drawn at a scale of 1/1250 and in the absence of physical features it is very difficult to establish the exact boundary.
As you correctly and logically say you would expect the visible line to be the boundary, but this is not always the case as driveways are often built like walls just on the owners side in which case whoever had the driveway built would have sacrificed a little of their garden for the foundations.
On the other hand the driveway may have been built on the boundary and therefore by your neighbours own admission he has taken some of your garden for the foundation of the driveway.
Unless your neighbour has found a way to exactly establish the boundary, he will have the same difficulty as you. You will not want to get into a dispute with your neighbour, particularly if either of you is thinking of moving and the dispute would have to be declared. I suggest you negotiate with your neighbour then decide if you are to plant your flowers.
I had a case where the Local authority put in a sign just outside a property wall which the property owner claimed was still his property, the LA were unable to prove this was part of the road and removed the sign.