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BOUNDARY DISPUTES AND POSSIBLE INJUNCTION.
hovis made this Freedom of Information request to Land Registry
The request was successful.
From: hovis
16 October 2009
Dear Sir or Madam,
We are having trouble with our new neighbours,They have blocked a
Right Of Way we have used for over 20 years,we live in a row of 6
terraces houses,which is stated on our house deeds etc.Also they
are threatening to remove our garden fence(we have had up and built
over 20 years).They say we have some of their garden.We have had 2
letters from them(not their solicitors)saying they are going to
remove fence after such and such a date.They have also phoned our
estate agents up (we have just put our house on the market)and
informed them that we cannot sell the house as we have some of
their garden.
Can we get an injunction out on them to remove blockage from R.O.W
and to stop them removing or damaging our fence etc.
They have seen our deeds and titles and know it is a ROW,but still
ignoring.Also the owner has owned the property for 6 years,but
always rented out.Now though it is the owners own grand daughter
and her boyfriend who rent off her.They have never brought up the
subject of ROW or fences/boundaries in all that time.The trouble
has only started since the owner of 6 years,put her g-daughter in
as a tenant?We do not see why we must pay for surveyors to measure
the boundary,they are the ones who have started things.It should be
them who have the responsibility of proving if the boundary is
wrong.They only blocked the ROW out of spite because we could not
come to a amicable agreement over the position of the fence.They
"say" , but they have no proof, that we have 3 foot of their garden
all along the length of the fence.This is just not true.We do not
want to go this route,(INJUNCTION)because of the expense, feel we
have no other alternative,might we stand a good chance.
It is all getting out of hand,we have the other neighbour now,the
other side of us,who has only been here about 2 months having a go
at us and threatening us.They say it is all our fault the ROW is
blocked for quibbling over the boundaries.Because of the actions of
the original neighbours,the other neighbour is taking it out on us
for the blocked ROW.Things are very nasty now,the other neighbour
threatened to "f..... push your f....head through that brick wall"
to my 65 year old mother.
What may we do to sort of this dispute,what documents do we have to
apply for,and should our neighbours take notice of these,because
they are not taking any notice of our solicitors letters etc.Our
only next course of action is an injunction,which we do not want.
Any help or advice please.
Yours faithfully,
hovis
From: Hookway, Adam
Land Registry
19 October 2009
Dear Hovis
Thank you for your email enquiry which has been passed to me for a
response.
I am sorry to hear of the difficulties being experienced with regards both
the boundary and right of way issues. However I am afraid that Land
Registry cannot provide legal advice and I would strongly recommend that
you continue to seek legal advice as to what options are available to you.
Information regarding your own registered title and that of your
neighbours can be obtained by using our online Find a Property service at
[1]https://www.landregistry.gov.uk/wps/port... I suspect
though that you have already checked the registered title information.
We do provide a public guide on the subject of title plans and boundaries,
see the following link
[2]http://www1.landregistry.gov.uk/assets/l...
and this may assist in understanding the registered title information.
It is important though to appreciate that Land Registry simply supply
information regarding the registered title. We do not enforce the
information and where disputes arise then these must be resolved by either
the parties involved or through legal representation and/or the courts.
Your solicitor will be able to advise as to what legal rights both you and
your neighbours have and how these may be enforced or challenged.
I am sorry that we are unable to provide legal advice or suggest whether
you have a good case or not. These are matters for a solicitor.
yours faithfully
Adam Hookway
Correspondence & Enquiries Team Leader
Customer Service
Head Office
Direct line - 020 7166 4831
GTN 7 3504 4831
email [email address]
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