Big Jimbo

Is that a car park in front of your house, or just parking for residents ? You could try and ask the council what the chances might be. If you were able to speak to a planning officer, it might save you the trouble of a wasted application and fee.

My opinion is as follows for expierence. T marks although useful, are not accepted by judges in law. The,i own the left fence, and you own the right, again has no basis in law. As Ferd said, the idea of putting the nice side of the fence towards your neighbour, was a historic thing, before fence panels. The idea was that the featheresge was pointing towards your neighbour, and the rails were on your side. This was considered polite, and because it made it harder for your property to be entered from your neighbours side. My advice would be to replace a fence in exactly the same position as the old one, and take a few photos first. There are many cases at the Land registry where a couple of inches has cost in excess of £100k to get sorted.

It won't be a joiner who puts that right. It will be a magic man (French polisher type) A Pal of mine had to do 300 doors in a hotel like that, together with scratches, dinks etc. they fill and colour to remove the faults. I met him years ago, when i had a level (not stood in a corner) slide fall, and clonk a very expensive wood edge. A couple of hours later, and no matter how hard you looked, you could not find the large dent.

That inner blockwork is going to fall off the edge of the foundation if it carries on in a straight line.

Christian, lets start again. I can't understate how complex land law, adverse posession, fences in the wrong place etc is. You say you have a historic plot plan. Can you explain further ? Is it a plan that was drawn up at the time the land as it sits now (1 Acre) was sold from a larger plot ? Perhaps when it was sold as a building plot ? Was the plan attached to that conveyance, and did it have the correct legal clause to direct the reader to refer to the plan (as being of more importance than the conveyance) ? Does the plan have clear points of origin, that both existed at the time the plan was drawn, and still exist today ? No offence, but how good is your surveyor ? Is he a member of RICS ? To give you some idea, The guy i used is probably one of the top 10 in the country. He has previously been involved in surveying the boundaries of countries on behalf of governments ! His survey cost me from memory about £8 grand. If you can give me the info requested above, i will do my best to assist. I will warn you again though, it is a minefield. In fact, i think i would rather take my chances in a minefield.

When you are looking for your stanley knife. You left it in the gutter. Thank me later.

The plastering on this thread is about as good as my bricklaying........ If anybody ever wants a good laugh, give me a shout. A 5% retention will, i doubt, be enough to put that right.

Look Dreamer, you can be all smug about your views, but i get to see squashed badgers, and foxes. Brat kids from entitled backgrounds, and loads of tractors. So there.

Oh go on.You know you want to.

Nod. This post reminds me of several posts from Zoot the Hoot. ( no offence Zoot ) If i'm ever down in sunny wales.....

Temp, I'm not having a dig, but the title plans from the land registry are of little value. They can't be scaled from, and they show only general boundaries. The land registry clearly state that. Trees and buildings can't be used. Trees change shape, and grow, and any building, or buildings have to have been there when the site plan attached to the conveyance was drawn up. .Anything that is not either discribed on the conveyance, or on the site plan attached to the conveyance can't be used. The neighbour, can still claim adverse possession rights under the old rules, that were changed in 1990 i believe. He has no need to use the new rules. If anybody wants to make a claim for a piece of land, that is not in there exclusive use, they are in for a rough ride. Even if the poster had an original site plan, that had clear points of origin, that could be used by an expert, and ascertained that the land was part of his original deeds. If he has been excluded from that land by means of a fence, etc, for a period of time. He would be very unlikely to ever get it back, unless he had a very, very nice neighbour. To be honest, people like the poster get right up my nose. He bought a house, and got what he paid for. He got exactly what he expected to buy at whatever price he paid. He for whatever reason, (found an old plan, etc) now thinks he may own a piece of land that is in somebody else's posession. That extra piece of land may have indeed been part of the original conveyance, but it's long gone. When he purchased he got what he expected to get. Land up to the fence.....

To go further, 1. You will need a site plan, that has clear points of origin that are still in existance, and can be used by a RICS surveyor to mark out the legal boundaries to your property. This will have to pre-date any equivilant plan that your neighbour might have. If it turns out that you are right, but have been excluded from the land for a period of time, he will have gained adverse possession rights. 2. You did'nt buy your house, thinking that you owned this extra piece of land, but now you fancy making a grab for it ? Would that be right ? 3. You will need very deep pockets, if your neighbour decides to object to your land grab, and fight you in court. 4. If your neighbour objects, expect to spend between 25 to 100 grand. 5. Think very carefully. You could be forced to sell your house to pay his costs. 6. P.S. I'm not joking, or winding you up. A Two day court case with Lawyers, Barristers, Expert witness surveyor, etc will cost you £50k, and your neighbour the same. If you loose, you will have to pay his costs.

There is a fence, and i take it that that excludes you from the piece of land that you say is yours. Why do you think it is yours ? Do you have a site plan, with clear points of origin from when the land was first turned into a building plot ? I can help but will need more details.

Wow. Really quite stunning.

Now come on Onoff. They are not going to do that. Can you imagine if the R and D department did that. They would be told to go away and redesign with a new base. ££££££££££££££££

So he has other reasons for refusal.....Makes sense. Ask him to send you the reasons via email, and tell him you would like to address the issues raised by him, as you may be able to either adjust your design, or overcome his concerns. My elderly fathers neighbour applied under the scheme for a 6 mt rear entension. My father had no problem, and didn't object. However, the neighbour came around, saying he had been refused due to blocking the light to my fathers patio doors leading to his sitting room. Although my father had not objected, the planning officer had decided that to much natural light would be taken away, and had decided to refuse the scheme. You say the planning officers reasons do not match the objection, so there you go. Sounds like he has looked at the objection received and dismissed it. He obviously has other reasons why he had decided to refuse the scheme......He does not need to receive an objection from a neighbour, say, re light. He has the ability to decide that on his own. Your rear neighbour has nothing to do with your application being refused by the sounds of things. Unless you are going to enlighten us as to the actual reasons, we are unable to help you.

If that is what he is really saying, as his sole reason, ask to speak to the chief planning officer. It is not automatic that an objection received is enough under the NCS scheme

A neighbour objecting is not enough...... Has the planning officer sent you the refusal in writing ?

Perhaps you could put on a wing suit. Just incase you get carried away. I would run up a ladder in my younger years without a thought. Not so keen now. Learn to embrace the rattle Jo. When it starts, you can say to yourself, "Yep, tiles still attached"

I personally thing the above is a great idea. 3M i believe produce such tapes in various thicknesses. When you stick it on you then heat it with a hairdrier and it sets the glue. The rubber wont rot, and having used the tape, once heated, it ain't coming off. Check out ebay for it.

Unfortunately i have found that Planning departments can be both lazy, have very poor quality officers, who have very little confidence in making, or forming there own opinions. Where i am there areatleast 2 planning officers who are inclined to consider that they should go with the general consensus. ie: The (untrained) Parish council have objected...Local residents have objected. Your neighbour objecting to your proposal is nothing more that a trigger that the planning officer should be looking at his reasons for objecting, and deciding if they are material considerations that he needs to take into account. Obviously, we don't have the benefit of seeing the refusal, and the reasons given, but, in my opinion, even if you managed to speak to the head of planning, you are unlikely to get them to change there position. (They protect there own) Permitted Developement rights, of which the neighbourhood consultation scheme is part of, is granted in law, not planning policies. If the only reason that you have been refused is due to a neighbour objecting i would be very surprised. What are the other reasons ? I think that without addressing the reasons for refusal, it would be pointless just putting in the same application, for the same scheme, for full planning permission. You would simply get the same result, with the same reasons. Address the reasons for refusal before you go any further.......We, on this site, may be able to help, but it may be that you will now need a local planning consultant to help you "get over" the reasons for refusal, to enable you to present a suitable scheme for full planning permission. Before anybody starts with the "but they have to follow Policies, and the NPPF" take a long hard look, and a very good read.....They are typical of all government and local authority policies. Most of them have been written in such a way, as they can be construde as to how the reader wishes to interperet them. That is why it is called the planning game.

This is NOT classed as having a dispute with your neighbour, and would not need to be disclosed if you were to sell your property at any time in the future.

I do feel for you. Neighbours can be fantastic, or a total nightmare. The distances quoted are not far, so should not be a problem for your builder. Just make sure you tell the builders in advance and make sure that he advises any sub-contractors that he might be using. Sparks, plumbers, etc.If the main highway gets blocked during deliveries, then there is not a lot your neighbour can do, except moan.

There is a showroom in Watford. they do have some stunning stuff, but at lottery winning costs. Why is she insisting on Porcelanosa ?

£56 Grand.....