Mad Neighbours' Folio Boundary Utterly Wrong

[Jack The Lad]

I recently inhereted a field and I intend to sell it next year. However, I have noticed that the boundary of a neighbours house and garden has been drawn incorrectly on the official Folio map. By this I mean that instead of it being drawn as 40 metres wide and 90 metres long in parallel with road, it is 100 metres wide and 40 metres long in parallel with the road. ie it is completely wrong.

This house and garden would be about 25 years old. The actual boundaries in the field are marked by mature trees, a barbed wire fence, and a deep ditch, and are obviously the correct boundaries.

Before I sell I would obviously like to correct this error... problem is the family who own the house are, lets say, difficult. Very difficult.

Two questions...

Can I have this boundary corrected without their involvement?

What would happen if I did approach them, got kicked out of the house, then said to hell with them and sold the field as shown on map, thereby giving the new owner another access point to the road through their garden (consisting of three rusting ford cortinas, a rottweiler chained to same, and a strange deep hole they once dug)

 

[DrMoriarty]

Re: Mad Neighbours Folio Boundary Utterly Wrong

I'd advise against the course of action outlined in your last paragraph.

What does your lawyer say?

 

[Jack The Lad]

Re: Mad Neighbours Folio Boundary Utterly Wrong

Haven't spoken to him yet. Meeting next monday. Thought it might be interesting to hear other peoples views and stories before then. Obviously I would have to take his advice first and foremost, but who knows what might come out of this thread?

 

[Superman]

Re: Mad Neighbours Folio Boundary Utterly Wrong

I suspect adverse possession would have occurred on both properties at this stage (12 years) so what is there in reality would "trump" the folio.

If that is the case, then it should be possible to correct it without their involvement - though it may involve a trip to a court.

I'm not a lawyer though (but did study Property Law) so I'm just stirring stuff up until a solicitor answers for you.

 

[Jack The Lad]

Re: Mad Neighbours Folio Boundary Utterly Wrong

Thanks for that, Superman. Would be good if I could avoid courts, but at least I am now a little forewarned of the possibility.

 

[liner]

I asked a colleague who knows more about maps than i do. He thinks that you should be able to correct the boundary of your own property (without involvement of neighbours). He said that you should get an engineer to resurvey and submit a corrected folio map to land registry. He also said that he thinks that the most recent folio map takes precedence in land registry (but that he could be wrong about that). Check this out with an engineer. He or she should know what's to be done.

 

[beaky]

Ihad a similar but opposite situation where the folio showed an incorrect boundary. I was the beneficiary of .2 acres extra land on paper at least. I had not realised this was the case as there was no dispute as to the position of the actual fence. However I recieved a letter in the post one day from the land registry stating that an application had been made to them to change the boundary and that this would be done unless there was objection from me. When I checked the folio map with the position of the fence I had to accept that the map was incorrect and therefore did not object. I assume the job is done now as this was about 9 months ago. The neighbour did not approach me first as he lost a 'right of way' high court battle 20 years ago with my mother, the previous owner of my field. You therefore should be able to start the process with out reference to your neighbour but they will have right to reply prior to amendment of the map. Any help??