Re: deed plan discrepancy


R. Mark Clayton;575091 Wrote:
"Damianp" Damianp.34691b0@xxxxxxxxxxxxxxxxx wrote in message
news:Damianp.34691b0@xxxxxxxxxxxxxxxxxxxxx

R. Mark Clayton;574614 Wrote:[color=green][i]
"Damianp" Damianp.345948e@xxxxxxxxxxxxxxxxx wrote in message
news:Damianp.345948e@xxxxxxxxxxxxxxxxxxxxx




--
Damianp-

All less than 12 years, so the site of the fence will probably stick
unless
you can prove that the boundary was somewhere other than where the
fence is
now.

The extension is currently through the line of where the fence was
since I've been there (the posts are still there showing clearly where
it was). My surveyors reckon that the fence has been moved at some
point in the past further onto my land (by about 2 feet). If this is
upheld then the area of trespass would be even more so than it appears
to be now.

So would I have to prove that it has been there for more than 12 years
(or is it 10 now?), or does my neighbour have to prove that it was
previously beyond the area that his extension and eaves presently
overhang?

If I got a statement from my previous neighbour who lived in the house
12 years ago and got them to sign a statement saying that the fence
hasn't been moved would this help me? I'm worried that I may have moved
the fence post slightly when I replaced it 5 years ago - I really can't
remember. If I did, it was no more than by 2 inches either way. If my
previous neighbour thinks I moved it slightly would this matter
considering that it's current position was never disputed, and the fact
that they paid half the costs of doing it?

I've found my previous neighbour's 16 year old daughter on facebook but
cannot find any other way of contacting them. I feel really funny about
contacting them in this way - it seems a bit weird and my wife says she
wouldn't be happy if someone contacted our daughter like this, but I'm
getting desperate!




--
Damianp
.

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