Boundary dispute

Re: Boundary dispute

Postby MacadamB53 » Mon Jul 06, 2015 1:33 pm

Hi cleo,

so this is land beyond the gate immediately outside your garden - how have you been getting to your verge of not via this road?

Kind regards, Mac
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Re: Boundary dispute

Postby arsie » Mon Jul 06, 2015 1:43 pm

cleo5, Mac's advice is sound.

Further, if you and/or other people use the land for access, after 20 years you gain prescriptive rights no matter who owns the land: http://legal-dictionary.thefreedictionary.com/Prescription
Prescription

A method of acquiring a nonpossessory interest in land through the long, continuous use of the land.

Prescription refers to a type of easement—the right to use the property of another. It requires the use of the land to have been open, continuous, exclusive, and under claim of right for the appropriate statutory period. It differs from Adverse Possession in that adverse possession entails the acquisition of title to the property, whereas prescription relates to a right to use the property of another that is consistent with the rights of the owner.
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Re: Boundary dispute

Postby cleo5 » Mon Jul 06, 2015 2:18 pm

Mac,
I used the road daily in early years here. Used to have a veg patch at the farm and sometimes helped the farmer and chat to his wife. He brought me his orphan lambs to rear. Then new owners came and some years that after the gate was put up. Didn't go up much after that....
To access my verge I go up my drive and through the gate. Then VUFN comes out to see who has come through the gate.
Sometimes used to squeeze through beside the stump but they put wire across(in front of the stump) from gate to my fence in their ad poss thing. Going to have the wire removed.
arsie,
Thanks for that link.

Yes Mac's advice is sound.
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Re: Boundary dispute

Postby cleo5 » Thu Dec 03, 2015 1:46 am

Mac, Pilman et al,
Need your help please.

Last letter from adversary's solicitor some weeks ago said they had given up on ad poss of verge , hedge etc but were going to claim for my stone stump with their nameplate on and for the lane.
The lane was an old track between fields leading from the town and on up to farms and on to a now defunct train station.
It had no named owner and is unadopted.

You suggested earlier that we fence our verge , remove the name stone from out stump of wall and pull up her gatepos (on our verge). We did not do this as had no money left after paying for solicitor and surveor, aerial photos, old planning copies, LR titles etc.
We removed the hedge and all the wire netting and also the post and wire fence
Recently NFN drove his 4x4 over our verge deliberately rendering it a muddy mess . In 36 years no one had ever done this before.
So I arranged to have it fenced.
Fencer came Dec 1st and dug post holes by hand as there were water pipes some way down, Was hampered by nosy neighbour.
Today (2nd Dec) fencer came again to continue. Was informed he could not obstruct the gate by putting fence postoutside their gate post. Also threatened with legal action.(Note on his van).He will return tomorrow to nail boards.
This afternoon my solicitor e mailed me to say they had filled in statement of truth for ad possession of my verge, the stone stump, and the road.
Copy of so called statement of truth dated Dec 2nd 2015 is utter fabrication. It makes no sense. There are total deliberate lies in it.
I replied to solictor saying that they could not apply for reg for adverse possession as a year since my First Registration of my property had not yet passed and they they had fulfilled none of the criteria needed to claim adverse posession.
And that when the LR inform me of their clainm I will contest it.
Also I wanted no more contact with the adversaries or their solicitor.
I also suggested he remind them of the penalty for making false declarations on a Statement of Truth.

So what now.? What if the LR were to believe their lies.?
WE cannot fight this in law as have no funds.
We cannot move . OH is nearly 81 and does not want to be uprooted. I cannot walk and a daughter and family live with uI do not think we could sell anyway with this problem unresolved.
It is causing a great deal of distress.
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Re: Boundary dispute

Postby arsie » Thu Dec 03, 2015 2:46 am

sorry to hear this cleo5 all I can suggest is, be strong.

Explain the facts to the LR via the due process from your standpoint and try to be simply factual. Do let your anger out on here though: everyone needs to vent. But, to quote an old Yorkshire saying, "Don't get mad, get even". Few people are honest and I am sure that the LR know that full well. They do not know what is lies and what is not, so you must try to put the facts unsullied. Be strong!
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Re: Boundary dispute

Postby jdfi » Thu Dec 03, 2015 9:18 am

cleo5 wrote: and on to a now defunct train station.
It had no named owner and is unadopted.



Would you be prepared to pm me the name of the old railway station? Depending on where and when, the various different railway authorities sometimes have decent records of who bought what. It's also not beyond the realms of possibility that they still own this Lane.
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Re: Boundary dispute

Postby MacadamB53 » Thu Dec 03, 2015 9:35 am

Hi cleo,

stay strong - everything is stacked against them.
lying is a sign of desperation.
I'm struggling to imagine how they might fabricate their factual and exclusive possession of the verge when aerial photos clearly show it has remained unfenced and unconnected to their property for decades...

Kind regards, Mac
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Re: Boundary dispute

Postby cleo5 » Thu Dec 03, 2015 2:55 pm

Thank you kindly all for your support. It helps immensely.
Thanks Mac.

Arsie ,
I will remember that saying. As a Yorkshire born lass it makes sense.
jdfi,
I will do that.
The tracK originally led past the farms and land and on to the station(which is now a private house.
The road is unadopted and original owner cannot be traced.
I will try to be strong but it is hard going. Just want peace and quiet.

There is more to all this than I realised. Learnt today that All 3 NFN are in it together and one(next door) having got planning permission for permanent dwelling on his plot(former mobile home) is selling to no 2 UFN who wants my verge for parking. No 1 UFN wants the name plate left on my verge stump and the gate left across the lane hence her pressing on with the ad poss claim and all three want to own the lane.
Such is human nature!
Sounds unbelievable doesn't it.
And I was offered the farm so cheaplyby my lovely farmer neighbour all those years ago and had we taken it there would have been no UFN's 2 and 3.
That's life!
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Re: Boundary dispute

Postby Midori » Mon Feb 01, 2016 2:45 pm

I can't add anything pertinent to this discussion, but try not to panic, from what I have read they don't appear to have anything going for them bar the harrassment factor.

Please stay strong and don't let the bar stewards grind you down. It is rather a shame that you don't have the funds to have the Cornish hedge reinstated. From experience I know how well they protect the boundaries! :lol:

Hope it all goes well for you.
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Re: Boundary dispute

Postby cleo5 » Mon Feb 01, 2016 6:39 pm

Hi Midori,
Thank you,
I just spent half hour replying but lost it when trying to preview it.
Yes ! I have always wanted to reinstate the Cornish stone hedge but it would have cost thousands. Chldren to rear and educate etc so never wherewithal to do this.

Here's an update.
My solicitor had letter from their sol to say they were putting in for Ad Poss of my stone stump and the road. We were e mailed copy of their Statement of Truth. Not one word of truth in it. Facts/dates etc all lies..
Waited to hear from LR. Nothing. I phoned them and they said I would be contacted if any application for Ad Poss

V.Nasty neighbour up the road (in league with Adversary and Nosy neighbour) ran his 4x4 over the verge causing muddy pond.
So decided to take Mac's and others on here advice and removed hedge and all the wire/sheep netting etc Then fenced off verge. Fencer received abuse from adversary but ignored her. He also removed their gatepost on my verge and and their granite nameplate. All done in pouring rain. Splendid chap.
This was done in Dec.
Letter from their sol to mine protesting. My sol replied that it was his clients land and they could do what they liked on it.
Nothing further so far.
Also put cctv so can see if any interference with fence.
I did, with help of family, all I could to keep what is ours.
We worked hard for the little we have.
Whatever happens now is beyond me as stay in my room (rubbish legs).
However all this has given us a better knowledge of land law.
I would advise anyone with very difficult neighbours to think seriously about selling and moving while they are fit and able.
Life is too precious to waste being stressed by unpleasant neighbours.
Change what you can while you can.
I would move tomorrow if that were possible.
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Re: Boundary dispute

Postby jonahinoz » Tue Feb 02, 2016 7:47 am

All 3 NFN are in it together and one(next door) having got planning permission for permanent dwelling on his plot(former mobile home) is selling to no 2 UFN who wants my verge for parking.

Hi Cleo,

You should have been aware of the planning application prior to it going before the Planning Committee.

The Planners are required to .....

Advertise the planning application in a local newspaper.

Post a notice nearby, EG: On a telegraph pole.

Inform any neighbours who may be affected by the proposed development.

Both your District and Parish councillors should be aware of the planning application, particularly the Parish councillors.

John W
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Re: Boundary dispute

Postby cleo5 » Tue Feb 02, 2016 4:53 pm

jonahinoz,

I knew about the pp. application as the planning dept sent me a letter.
This was early April. I e mailed planning to say I had no objection. It would not have been kind to object.
(Nosy N told me he was going into sheltered accomm and wanted to be able to leave his relative more in an increased value of his home. With PP his home would be worth twice the amount).

I stipulated certain provisos(ie one story dwelling only and repair of crumbling back wall) . His plot is 5-6 ft higher than mine, both along side and back).

It was late April (21st) when the nightmare started with the smallholder and then I discovered Nosy N was in cahoots with smallholder and also with v nasty fellow across the road.

It was only in Nov that I heard v nasty fellow(who owns property across road from Nosy wanted to buy Nosy n's place .
Naturally now I regret ever agreeing to NN's planning application .
Hope this makes things clearer.
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