yet another boundary dispute

yet another boundary dispute

Postby pilavas719 » Fri Aug 26, 2016 11:38 pm

Hello All,

Did not realise how common boundary disputes are until it happens to you and you start researching more into it so here goes:

I recently move to west London on the 12th of July into an end of terrace property and on the 13th of July my neighbour decides to remove my boundary fence while I was at work, Luckily that day my wife was not feeling well and decided to stay home, she started to hear a banging noise and the sound of a grinder she looks outside and see's two polish builders remove part of our fence and concrete driveway and digging down to 1 ft and a half. I immediately ask her to give them my number to call and discuss. The owner gets one of the builders to call me and I then tell him that the fence is mine and should not touch it, he refuses to agree and I insist which he then agrees after.

When I got home I went directly to my neighbours house knocked on his door and one of his tenants answer's it, he then calls the landlord who comes out with his title plan showing me that the line is not straight on the ground and should match whats on the title plan. I then tell him that it is he then shows me the boundary fence opposite my house which is actually over a foot out, I started to wonder what I just bought did the previous buyer con me ?

I then told him to stop all his work and we will get a surveyor to check the boundaries. Me pannicking I called the previous owner who was very sorry and stunned to what was going on and promised me his full co-orporation in resolving this matter. Well long story short I got police involved who told us both although they knew I was in the right to go seek legal advice and told him to stop building.

I went to seek legal advice and wrote him two letters outlining that my solicitor has looked over the deeds and found nothing to mention that he owns any part of land within my boundaries or owns the fence as the "T's are on my side in the ordnance map and had no response from him.

The previous owner got me some old picture of the fence which looks to be in the same location it is today and also got a sworn statement (affidavit) done for me. I showed it to the owner who flat out refused to acknowledge any part of it and saying I am a bad person lol.

He then starts explaining to me that he already discussed the boundary issue with the previous owner and he agreed for him to change the boundary however on the sworn statement it also mentions that the previous owner never gave any such permission and showing this to him also made him more stubborn.

He will also not hire a solicitor until he gets court papers from me which I said this is not in your favour, he walk off and said I have money lets do it.

Now I am in the process of getting a surveyor and will go by what he says and then once I get confirmation that he is wrong I will then restore my wall back again.

Sorry for the long post but this guy has no morales or compassion, he even tried to hurt my wife while she was pregnant. I am not a violent man but if it comes to defending my family I will have no choice a with most people for that matter. I personally think he was trying his luck thinking new neighbours won't bother arguing over a peace of land and he would get away with it, The police are quite useless in these situations as it's criminal damage and some are saying to press charges and others are saying it's a civil dispute not sure what to believe

Any help is greatly appreciated.
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Re: yet another boundary dispute

Postby Collaborate » Sat Aug 27, 2016 6:21 am

Check your house insurance for legal cover. You need a litigation solicitor for this.

Even if the deeds show the boundary where your neighbour thinks it is, if you have evidence that the fence has been there for over 12 years you are entitled to the additional strip of land via adverse possession.

Don't do anything without a court order to back you up. Take lots of photos.
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Re: yet another boundary dispute

Postby despair » Sat Aug 27, 2016 7:34 am

check very very carefully all insurances,mortgages,credit cards,union memberships for legal expenses cover
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Re: yet another boundary dispute

Postby pilavas719 » Sat Aug 27, 2016 11:25 am

I have checked and apparently I don't have legal cover.
I have got a solicitor to look into this and he confirms he has no legal basis to do what he has done.
Unfortunately my neighbour is very stubborn and lies lot, to get his way, I think I may need to take him to court, and so far I have a sworn statement by the previous owner with pictures.

I will be instructing a surveyor within the next two weeks to survey the boundaries. What else can I use in my defence ?

I was thinking of just rebuilding my wall, but I don't want violence perhaps calling the police etc..
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Re: yet another boundary dispute

Postby despair » Sat Aug 27, 2016 5:48 pm

you need somehow to insist the police charge him with criminal damage
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Re: yet another boundary dispute

Postby jonahinoz » Sat Aug 27, 2016 6:06 pm

you need somehow to insist the police charge him with criminal damage

Hi,

Isn't that what Police Commissioners are for?

To my mind, trespass is civil. Deliberate damage is criminal.

John W
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Re: yet another boundary dispute

Postby mr sheen » Sat Aug 27, 2016 8:14 pm

You can scweem and scweem until you make yourself sick but no amount of histrionics (or any other actions) will enable you to 'insist' the police do anything!
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Re: yet another boundary dispute

Postby COGGY » Sat Aug 27, 2016 11:04 pm

Hi
I suggest you take lots of photos, every small change should be recorded. Do you have a photo of your house from the House Particulars when you purchased? Have you looked on Google Earth for a photo of your house, if so does it show the boundary as it should be? Get as much evidence as you possibly can. Report the matter to the police, not as a boundary dispute, state that the neighbour is destroying your property. When they visit show them the statement from your vendor, plus any photos you have. If necessary apply for an injunction to stop the neighbour.
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Re: yet another boundary dispute

Postby pilavas719 » Mon Aug 29, 2016 11:36 pm

mr sheen wrote:You can scweem and scweem until you make yourself sick but no amount of histrionics (or any other actions) will enable you to 'insist' the police do anything!


Well I screamed and yelled and the police came down lol who were quite helpful on the whole situation, told him I got a solicitor but my neighbour did not.

He went out and spoke to him and tried to make him understand, even the police officer knew the boundary was fine and he my neighbour was trying to pull a fast one, tried to explain to him of this goes to court and he will lose he will have to pay all court costs etc... but my neighbour still did not want to understand.

Bit I think I am now making some sort of progress now.

I have to say there are some very stubborn people people in the world, when asked why he waited till now to remove the fence he said he was waiting on bricks to arrive lol
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Re: yet another boundary dispute

Postby mr sheen » Tue Aug 30, 2016 8:43 am

The police officer cannot determine that the boundary is fine nor can s/he indicate who is right or wrong in a boundary dispute. The police have no professional qualifications or recognised expertise in surveying or boundary/land law.
The neighbour 'didn't understand' can be translated into the neighbour was fully aware of the role of the police in criminal law and that this matter is civil and therefore chose to ignore the police officer who had no expertise in boundary law. Or ....the police told you one thing and the neighbour something completely different with a view to trying to keep the peace which was the purpose of the visit.
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Re: yet another boundary dispute

Postby jonahinoz » Tue Aug 30, 2016 10:08 am

... but my neighbour still did not want to understand.

Hi,

That above sounds like a variation of ... "It is difficult to make somebody see reason, when the salary depends on them not seeing reason"


John W
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Re: yet another boundary dispute

Postby pilavas719 » Tue Aug 30, 2016 2:50 pm

The police was just there to help both of us and make us both understand the situation and prevent it from escalating.

The reason why I say we now have some progress is because my neighbour knows full well that should this go to court he will lose so this should be enough to prevent him from pursuing this any further.
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Re: yet another boundary dispute

Postby MacadamB53 » Wed Sep 07, 2016 2:45 pm

Hi Fazil,

when asked why he waited till now to remove the fence he said he was waiting on bricks to arrive lol

what's so funny about that? had he removed the fence without the bricks at the ready he'd have no boundary feature - which he had every right to think of as a bad idea.

Kind regards, Mac
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Re: yet another boundary dispute

Postby COGGY » Wed Sep 07, 2016 3:06 pm

Hi

Mac you ask
what's so funny about that? had he removed the fence without the bricks at the ready he'd have no boundary feature - which he had every right to think of as a bad idea.


The OP had apparently only moved into his house on 12 July. The bricks arrived on 13 July !! and the neighbour then stated that the previous owner of OP's house had agreed to him moving the boundary marker. That does seem very funny to me.

Kind regards Coggy
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Re: yet another boundary dispute

Postby pilavas719 » Sat Oct 01, 2016 12:51 am

Hello All,

Quick update, after getting the police involved and trying to make the neighbour see sense he has decided to set up a cordon with some tape and three steel pipes. Police advised to take him to court since he was being stubborn.
I spoke with my solicitor who advised before going to court get a land survey done which I promptly did. Surveyor came down and measured using laser equipment and looked at all paper I had. he saw a estate agent advert clearly showing the old fence in it's please and with his measurement and what was on the ground he gave his professional opinion in my favour.

In actual fact the fence looks to be erected 6cm on my side. I gave a copy to my solicitor to send to my neighbour with a 14 day notice to reinstate my boundary or face court action. A week has gone by and no response from my neighbour.

He has been very quiet actually I have not seen him and the fence he removed and trench is all still the same he has until the 10th of October to reinstate my boundary then will be taking court action. All this is just silly and it is due to his greed and stubbornness to steal ones land.

One thing I don't understand is I try to reason as a reasonable adult but he just lie's out of his arse to get what he wants. I now have all the evidence I need to take him to court.
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