Boundary dispute

Re: Boundary dispute

Postby MacadamB53 » Tue Jun 16, 2015 11:54 pm

Hi cleo,

It was farmer N who underhandedly took my verge and added it to his deeds in some way

no he didn't

else how would the present owners be saying this?

because they're talking bullsh|t

Did he know it was ours despite it being unregistered. Of course he did.

okay

Why else put a gate across the road when he knew we would be away.

because you were friends and he wanted to avoid causing you an inconvenience.

if farmer N was underhand he would have put a lock on the gate and a fence around your verge.

basically, your neighbour is bullsh|tting you

Kind regards, Mac
PS have you decided not to ask your son to upload a plan (we're still flying blind here...)
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Re: Boundary dispute

Postby cleo5 » Wed Jun 17, 2015 12:31 am

Thank you Roblewis and Coggy,
I am glad of your explanations and support
Mac,
yes you may be right. BUT...
He put it up when he knew we would be away... and at dinner the night before why did he not say. "While you are away I'm going to put a gate across the road and my name stone on the bit of old stone hedge. And put a bit of sheep wire across and fix it to your fence .That's ok with you isn't it"
And we'd have then said , probably having had too much wine , No! we don't mind though we did think of having the stone hedge rebuilt one day all along the verge"
And would he have said oh I didn't know it was yours? And the next day, clear headed, we'd have thought" well that was a bit of a cheek. Who does he think he is."
But he never mentioned it not then or ever. I feel like ringing him up and telling him what I think of him. FOG.
No! he knew it was ours and when I think back I remember lots that he said that should have set bells ringing-
He wanted to shut out walkers and others. And he only had his cows in that field opposite once that I can remember because the public footpath goes through it.

The gate is a nuisance because it klonks and the cars stop open it , drive through close it and then do the same thing in reverse. And now it serves no purpose as the field opposite will have houses on it.
And remember M never met the present owners as they bought it from the H's so it must be written down somewhere officially or their solicitor would have nothing to go on.
I wish I had your confidence.

I am piling up weeds in front of the writing on the stone. I would like to paint over it but dare not.
The plan Mac...
Son hasn't come up again yet.
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Re: Boundary dispute

Postby MacadamB53 » Wed Jun 17, 2015 12:44 am

Hi cleo,

I would enclose the verge and deal with the consequences.

Kind regards, Mac
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Re: Boundary dispute

Postby COGGY » Wed Jun 17, 2015 11:04 am

Hi Cleo

Your land is now registered. Before registration takes place the Land Registry inspect the deeds to confirm the title. Therefore if this piece of your land is registered to you, how could it be possible for someone else to own it? I suggest you take copies of the plan showing the extent of your land, ask your neighbour for the name of his solicitor, then send the plan to him and request that he no longer harrasses you or you will report him to the Law Society.

Kind regards
Coggy
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Re: Boundary dispute

Postby cleo5 » Wed Jun 17, 2015 11:48 am

Their solicitor did not in any way harrass us Coggy.
Our sol. told us that theirs would be visiting the site so we knew he was coming. he made his comment and we replied and carried on weeding.
It is as you say all is in order our side, registered now. But do not think they are accepting the proof else why isn't the thing all cleared up?
No! can't talk to these people. No way.

Mac,
re
Water pipe and easement on verge. No mention anywhere of any easement regarding that water pipe.
Now it appears neighbour J dug the channel for the pipe in 1972 possibly before the land was sold to our developer. It was to have water to his mobile home sited on farmer B's land next to us.( J bought his plot when farmer B retired.)
Water man coming next week to tell me exactly where it is.

Perhaps this was why he did not fully accept the land was ours even though I kept telling him it was.

Can't fence the verge as old wall foundation at edge all along it and the adversary's gate post is in the way. Need to get gatepost removed first, check where the water pipe is and then need the go ahad from sol. He said that even though it's ours not to do anything other than general tidying until it was sorted.
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Re: Boundary dispute

Postby MacadamB53 » Wed Jun 17, 2015 1:49 pm

Hi cleo,

He said that even though it's ours not to do anything other than general tidying until it was sorted.

what do you mean by 'it'? what is being sorted?

Kind regards, Mac
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Re: Boundary dispute

Postby cleo5 » Wed Jun 17, 2015 2:38 pm

I don't know that's the thing.
It seems there is a dispute going on and they say its theirs by ad pos.
Legal insurance sol and our own one said there is no question that it is ours.
Now I am left wondering.
Seems they are going to court to claim it as theirs.....It's been ten days since their solicitor visited the site.
Would the fact that their gate post is still on my verge or their name stone on the stump count for anything?
Can that be seen as possession?

"cutting of" an area of property AND SECURING IT FROM THE WORLD AT LARGE is basically the core essence of possession...." quote from a recent book on the subject. (Does that mean cutting of grass or such or Cutting off (excluding) proof reader error in spelling.
But though J cut the hedge and grass it was with my permission and it was never" secured from the world at large."
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Re: Boundary dispute

Postby MacadamB53 » Wed Jun 17, 2015 3:06 pm

Hi cleo,

I am confused and perturbed - your sols is advising you not to deal with your land how you wish because he thinks it would be best to wait for 'it' to be sorted, and he hasn't explained what 'it' is?!?

even if 'it' is an AP claim I would recommend you deal with your land how you wish - the worst case scenario being you've paid for a fence that turns out not to be on your land.


unless I've misunderstood the facts - ie. the land is identifiably part of your property on your title plan and is not on theirs - and unless you've missed something glaring obvious - which I doubt - I can't imagine an AP claim being successful (a view shared by your sols and your insurers sols).

Kind regards, Mac
PS its cutting 'off' not 'of'
PPS uploading a plan?
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Re: Boundary dispute

Postby cleo5 » Wed Jun 17, 2015 4:15 pm

I think perhaps what they are trying to do is challenge the LR's decision?
The plan ties with the deeds. It is all as it should be.
The original planning permission for these houses shows the old piggeries in place and says that they and the Cornish stone hedge must be demolished before building started.
I can attach things to e mails but nothing more complicated.

You may take my word for it that our deeds are in order as is the LR plan.

It might seem to farmer N that because he thought he owned the road and he did own the field opposite that he had successfully fenced off the verge- but of course he hadn't.
Would you get the surveyor to come up if you were you me?
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Re: Boundary dispute

Postby MacadamB53 » Wed Jun 17, 2015 4:54 pm

Hi cleo,

I'd fence off my land if I were you - no need for sols or surveyors to get that done.

I'd tell plod about the neighbour's threat, and I'd have myself a camcorder to hand and someone on site during the days leading up to, during, and after just in case things kicked off.

Kind regards, Mac
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Re: Boundary dispute

Postby cleo5 » Wed Jun 17, 2015 5:25 pm

Hi Mac,
Thanks.May well do that -or clamping post and chain all round and a seat!
Thanks for all the good advice and help and to all who helped in difficult situation.
Will let you know what happens.
Regards
Cleo
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Re: Boundary dispute

Postby cleo5 » Mon Jun 22, 2015 9:10 am

update
It seems that not only is there a private water pipe going through my ******* verge but an electricity cable too.
Just had someone up to check for the water pipe and he found the electric cable.
Why would neighbour J .(who, on his own admission, dug the trench for it in the evenings after work) run a water pipe through my verge when easiest route to his house would be directly across from the private water pipe in the road a distance of less than two metres ratjher than take it the 30 or so metres across my verge?
And we have overhead electricity cables so why this underground one?
And why was this not put on the deeds when the land was sold?
And what can I do about it if anything?
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Re: Boundary dispute

Postby arsie » Mon Jun 22, 2015 2:05 pm

Do you know from/to where the pipe and cable go? I would ask the neighbour for an explanation if you don't know. Perhaps the supplies were laid as part of some unfulfilled or past plans for keeping animals? And do you know if the water and electrical feeds are 'live' and still in use?

You could ask the local authority building inspectors to check they conform with building and safety regulations - and establish where they go (if you ask nicely). Your mains electricity supply may be overhead but amateur efforts would most likely be under the ground: easier to hide.

Depending on how long they have been there, you could charge for an easement across your land. If they've been there long enough an easement may already be earned, by prescription.
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Re: Boundary dispute

Postby despair » Mon Jun 22, 2015 7:11 pm

is it possible he has tapped into supplies you are being metered for ?
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Re: Boundary dispute

Postby arsie » Mon Jun 22, 2015 7:40 pm

What a bad mind you have despair - why didn't I think of that :idea:
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