Reclaiming/Keeping your Land

Reclaiming/Keeping your Land

Postby Morgan Sweet » Fri Jun 30, 2017 8:31 am

I have written before about a boundary dispute that I now own and a recent similar dispute that a neighbour is experiencing.
So far I have learned that once someone has fenced off your land as his it is damn hard to get it back.
I have also learnt that if you take someone's land , fence it off, submit a planning application to build on it, the planners will grant permission without consulting the Land Registry Plans. You can lie on the application regarding agricultural land and hedge removal and no one checks. Neighbour (with means) has taken the solicitor route (told he has a cast iron case) to recover his land, so far costing him over a £1000 in legal costs for checks, letters etc. and still has not brought action to a court (more costs). I have less means and have taken the DIY letter writing and consulting a chartered surveyor route and have also got nowhere. The Law favours the person who has taken dishonest possession and the dispossessed has an uphill task and unless he has means (or good insurance) will find it extremely difficult to redress the situation.

My advice to anyone wanting to keep a boundary as drawn on the Land Registry Plan is :

a) always check that you have taken out legal insurance, I missed a year (my mistake) and they can not help me.

b) If someone ever asks if they can come on to your land to remove a fence/hedge etc. always REFUSE.

c) if you ever sell a section of land to a neighbour, do NOT sign anything until the fence is erected in the agreed position, it may be all marked out with pegs by a chartered surveyor but that does not mean the fence will be erected along that line.
Morgan Sweet
 
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Re: Reclaiming/Keeping your Land

Postby Clifford Pope » Fri Jun 30, 2017 9:23 am

I'd add to that:
Never let any minor infringement go without action. People test the water to see how you react, and then move to something more significant. Would-be grabbers need to be firmly told right from the start that you patrol your land, and have eagle eyes and will be onto anything in an instant.
Clifford Pope
 
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