Member Since: 02 Dec 2005
Location: Bradford, West Yorkshire
Posts: 6100
Neigbours......grrrrr (UPDATED)
A new family have moved in to one of the properties that adjoins my rear garden. They have decided they like the look of said patch of land that, whilst it sits behind a fence, is well within my boundary as shown on the Land Registry title deeds.
So last weekend the guy orders me off the land and verbally abuses me (never met him or spoken to him before this!) tells me I'll be hearing from his solicitor So having offered to discuss this sensibly with him (which he declined) I take him a copy of the land registry plans and my contact details and ask him to re-think.
Came home on Monday to find that he has cleared all the wild shrubbery from the land and is in the process of beginning to landscape it. So having gained some legal advice I write to him again asking him what he's doing and to please keep off the land, I also erect a CCTV camera so I can keep an eye on the land and see who's doing what in case I need the evidence.
Yesterday, police knock on the door, he's reported me for a 'privacy intrusion' by placing the camera and the Police ask me to consider removing it
FFS, what's wrong with people. A simple discussion could have avoided all this but he seems hell bent on taking possession of this 10 square meter patch no matter what 2020 BMW X1 18d XDrive X-Line Auto
Last edited by CFB on 12th Jun 2017 3:51 pm. Edited 1 time in total
23rd Feb 2017 2:34 pm
DaveC
Member Since: 29 Sep 2009
Location: Wirral
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if you have evidence of ownership isn't he trespassing so police should be having a word with him?
not to mention associated costs of putting right the damage he has caused clearing the land!XC90 T8 R Design Pro
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23rd Feb 2017 2:41 pm
CFB
Member Since: 02 Dec 2005
Location: Bradford, West Yorkshire
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Police tell me it's a 'civil matter', however I agree that trespass is a Police matter hence the CCTV
I would have considered a sale of the land as it's of limited usable value to me but he's not just taking it.
Best thing is, If I take him to court and gain an injunction keeping him off the land and ordering him to put it back to how it was, then even if I win it ends up being flagged that the property had a neighbour dispute in any future land searches. As we are looking to move in the next couple of years that's not a great outcome either 2020 BMW X1 18d XDrive X-Line Auto
23rd Feb 2017 2:51 pm
waterbuoy
Member Since: 26 Oct 2013
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Just get your solicitor to send him a snotty letter making it clear that you own the land and telling him (politely) where to go. We had to do this with one neighbour and ended up getting an apology - I admit this sounds unlikely in your case!Currently 2009 Disco 3 SE, 2013 MY D4 HSE and 2016 D4 SE
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Came home on Monday to find that he has cleared all the wild shrubbery from the land and is in the process of beginning to landscape it.
I would have thought this already constitutes criminal damage under the Criminal Damage Act 1971 (which does include damage to land), so surely not just a civil matter?Current: Discovery 3 06MY (55 reg) HSE Auto Zambezi Silver Allisport Fast Road Intercooler, V8 Brakes, Silicone IC Hoses, EGRs Blanked, Remapped, De-Cat pipe, FBHIC
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23rd Feb 2017 3:43 pm
CFB
Member Since: 02 Dec 2005
Location: Bradford, West Yorkshire
Posts: 6100
Just waiting to hear back from the legal advisory service linked to my home insurance policy, if they will cover the costs I'll start the process. If not I will need a plan B2020 BMW X1 18d XDrive X-Line Auto
23rd Feb 2017 3:50 pm
robsmith
Member Since: 02 Sep 2007
Location: Staffordshire
Posts: 2392
Aggravated trespass?
This is a criminal.
The key thing with "normal" trespass is that damage must be done to the something belonging to the owner of the property, thus ripping up the shrubs certainly falls under that. The police have only listened to one side of the case, and have acted on the complaint, no matter how wrong that complaint may be. Make a counter complaint (via your solicitor) about his threats and on-going tort. Then serve him with notice of civil action to recover the land to its original state, plus all your legal cost, out of pocket expenses (like the installation of the CCTV to monitor the security of your property), loss of earnings and so on.
Or offer the land to them at an appropriately high price.Rob Smith
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23rd Feb 2017 3:51 pm
CFB
Member Since: 02 Dec 2005
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23rd Feb 2017 3:59 pm
Pelyma
Member Since: 06 Jan 2005
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Be very careful of trying to litigate your way through, it can be ruinously expensive. Tell him he's welcome to it as it has Japanese knotweed that you've cut back, he can sort it now.DS3 TDV6 HSE - Silver with Alpaca (old one) Gone
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Be very careful of trying to litigate your way through, it can be ruinously expensive
Pelyma is dead right. and I say this as a long since retired lawyer.
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23rd Feb 2017 4:09 pm
CFB
Member Since: 02 Dec 2005
Location: Bradford, West Yorkshire
Posts: 6100
I'm sure you're right but I have legal expenses cover via my home insurance policy, so if they will cover the costs (currently deciding) I am happy to let them.
It would seem to be a very clear cut case, the land registry plans are not ambiguous at all, he's just chancing it.2020 BMW X1 18d XDrive X-Line Auto
23rd Feb 2017 4:48 pm
astonbuilder
Member Since: 29 Sep 2006
Location: MIDLANDS
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Whatever happens you now have to live with this person/family right behind you - You said considering moving in a few years? I'd consider going now........
23rd Feb 2017 4:55 pm
CFB
Member Since: 02 Dec 2005
Location: Bradford, West Yorkshire
Posts: 6100
It has definitely occurred to me to go now and not take this any further, however any prospective buyer will no doubt want to see the garden and may ask questions about who owns which bit as it's divided up by walls and fences, I would have to be honest, so not necessarily a simple solution 2020 BMW X1 18d XDrive X-Line Auto
23rd Feb 2017 4:58 pm
Narpy
Member Since: 18 Jul 2011
Location: Stockport
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Not an expert by any means but I would suggest if you take no action now, he could claim the land as his own in a number of years if he can prove he has maintained it. I can't remember the legal terminology for it but believe me he would have a claim on it after the years have elapsed.
You must insist he either leaves your land immediately and you'll gladly forget about the whole issue or he stays put, you prove ownership in court and he gets hit with all the legal costs and correction work costs for the damage he's done.
Alternately you could, offer to rent out the land to him for a minimal sum, providing he maintains the upkeep and doesn't claim ownership. Obviously he'd have to sign something in agreement but this may be an amicable way forward where you would both win. You'd also have to include an eviction clause if your property changes ownership.
He may seem very aggressive and unapproachable but he will have to listen once he gets threatened with legal action which he won't win if you can prove ownership.Mods:
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23rd Feb 2017 6:24 pm
JackNorris
Member Since: 06 Jul 2012
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As Narpy said, if he can prove that he's maintained the land for so long it technically becomes his. Not sure how long that is though.
I always remember a solicitor saying though, the last thing you need if selling is a boundary dispute.
I think renting him the land could be an iffy one even with an agreement in place. Needs a solicitors thoughts on that.
if it was me, id hit the legal action now however, seems a cut a dry case and get it all put to bed and sorted quicker.MY2023 Discovery 5 R-Dynamic 3.0
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So having offered to discuss this sensibly with him (which he declined) I take him a copy of the land registry plans and my contact details and ask him to re-think.
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