ADVISE ON EXTORTION CLAIM

ADVISE ON EXTORTION CLAIM

Postby kennywaller » Wed Feb 23, 2011 11:46 am

Hi Over 12 years ago - with our neighbours consent and gratitude - we erected a small picket fence between the properties. Last year he wrote claiming the fence was on HIS land (this is inconclusive from 2 independant RICS surveyors reports) and demanded over £2.5k in compensation for his builder to remove the fence, his time, his surveyor etc etc. See my ther posts on this saga. He has since destroyed the fence himself, but left the fenceposts in!
Rather than prosecute my wife and I decided to sell our home of 20 years and move on. We obviously had to declare the dispute to our buyers solicitor (the neighbour has no interest in resoving - he is enjoying the hassle). Our buyer has met our neighbour and obviously wishes the boundary dispute to be resolved. No worries IT IS 6" of LAND running down the middle of 2 semis!!! Our neigbour has seized the opportunity of course to demand money from us again otherwise he will take us to court (really!) and hence the move will fall through. We have written to him offering to surrender the land (whilst not agreeing with his surveyors report or his actions) on condition he ceases all contact and harassment.
Yes the guy is a bit unstable. My question is "IS THIS EXTORTION" Is it against the law what he has been doing? It is actually a form of blackmail? The last thing we want is to prosecute - we just want to get away. But we may be stuck with no choice? Any ideas?
kennywaller
 
Posts: 18
Joined: Sun Sep 12, 2010 10:19 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: ADVISE ON EXTORTION CLAIM

Postby despair » Wed Feb 23, 2011 12:08 pm

The fence was installed over 12 yerars ago its too darn late for him to complain even now and he is indeed blackmailing you with threats of extortion

I would tell him to go to hell
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: ADVISE ON EXTORTION CLAIM

Postby Mojisola » Wed Feb 23, 2011 1:21 pm

6" of land to too small for him to do anything about. He would be laughed out of court - if it ever got that far. I see from your other post that he has been threatening you with things for years. You should have called his bluff years ago.

You may need to stay longer at the house and do just that. It wouldn't be the fence dispute that would put me off buying the property - it would be moving in next door to a man like that!
Mojisola
 
Posts: 573
Joined: Fri Oct 22, 2010 7:18 pm

Re: ADVISE ON EXTORTION CLAIM

Postby enigma » Wed Feb 23, 2011 3:43 pm

I can be of absolute no use to you. :( I am in a similar position. What interested me was where you say "he is enjoying the hassle". Also the answer you were given over it being 6". I cannot sell, you won't be able to sell as the other answer was "no-one would want to live next to some-one like that". My problem is my fault as I took no notice when buying about the neighbour. I could never believe there were people like that. I wish you all the very, very best of luck and hope you sell soon because when you do I will know my luck will change as well.
enigma
 
Posts: 274
Joined: Wed Jul 26, 2006 11:09 am

Re: ADVISE ON EXTORTION CLAIM

Postby mr sheen » Wed Feb 23, 2011 4:36 pm

Is this extortion etc etc? No - it is a boundary dispute that is currently unresolved.
Sadly when a neighbour involved in a dispute gets wind that their neighbour wants to move, the fact that a dispute is unresolved gives them ammunition.
This should act as a warning to others - avoid disputes if there is the slightest chance you will want to move.
mr sheen
 
Posts: 2092
Joined: Fri Feb 27, 2009 3:33 pm

Re: ADVISE ON EXTORTION CLAIM

Postby kennywaller » Wed Feb 23, 2011 4:45 pm

The other party instigated the dispute
The other party is accusing the fence of "tresspassing on his land" and Demanding money?
Not sure how we could have avoided "becoming involved"
We don't give two hoots about the fence and 6" of land, but will not tolerate our property being
destroyed and false money claims and threats against us.
I thought there were laws to protect innocent parties in our country!
kennywaller
 
Posts: 18
Joined: Sun Sep 12, 2010 10:19 pm

Re: ADVISE ON EXTORTION CLAIM

Postby despair » Wed Feb 23, 2011 6:22 pm

but i bet even if you gave up the 6 inches of land he would find another way to cause trouble ##its extortion and blackmail
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: ADVISE ON EXTORTION CLAIM

Postby pilman » Wed Feb 23, 2011 7:15 pm

Do you have a written claim that the area of land in dispute measures a set distance. You mention 6".

If you erect a new fence that is most definitely on the land within your ownership, there is nothing the neighbour can do about that.

If you also bought a limited company off the shelf for a cost of £30, you can transfer the area of land beyond the outer face of the fence that will be erected, to this company.
Then complete an application for first registration and send the documents to Land Registry, this land will be removed from the current title and registered with a new title number.

Issue 1000 shares at a value of £1 each when forming the limited company and then use the £1000 to pay for the cost and transfer fees for the land.
There is no tax to pay when selling part of a garden of the house that is your main residence, so use up all of the £1000 share capital, so that on becoming owner of the land, the company has this as its sole capital value.
The company will be a dormant company which the neighbour can sue whenever he wants to do so.
Its only asset is the land and as all of the shares are fully paid up, there is no further liability on this limited company.

There is then no dispute with the next door neighbour, as that person is now a limited company of which you are the sole shareholder having bought and paid for £1000 shares in the company.
The next door but one land-owner may decide that he has a dispute with the limited company but that is no longer your personal problem
The limited company is a separate legal person recognised by law which will have been incorporated under the Companies Act 2006.
Your problem solved. neighbour's problem is that he has no one to threaten or sue.
The company does not even need to respond to any letters sent to its registered address.
What can he do to a company with no other asset, than a useless piece of land.




You continue to offer for sale the land in the original title which obviously includes the house and any other buildings in the garden, but no longer includes any land over which there is a dispute about ownership.
pilman
 
Posts: 2837
Joined: Thu Mar 11, 2010 5:08 pm

Re: ADVISE ON EXTORTION CLAIM

Postby Mattylad » Wed Feb 23, 2011 8:00 pm

Where can I get one of these cheap companies Pilman?
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
User avatar
Mattylad
 
Posts: 2254
Joined: Sat Apr 07, 2007 2:29 pm

Re: ADVISE ON EXTORTION CLAIM

Postby Mojisola » Wed Feb 23, 2011 8:56 pm

pilman wrote:If you also bought a limited company off the shelf for a cost of £30, you can transfer the area of land beyond the outer face of the fence that will be erected, to this company.
Then complete an application for first registration and send the documents to Land Registry, this land will be removed from the current title and registered with a new title number.


pilman - this is a brilliant idea. Have you seen it done before? How frustrating it would be for the NFH!
Mojisola
 
Posts: 573
Joined: Fri Oct 22, 2010 7:18 pm

Re: ADVISE ON EXTORTION CLAIM

Postby pilman » Wed Feb 23, 2011 10:04 pm

Typing in "Company formations" into Google with show you dozens of companies that offer this sort of service.
I have not transferred land in this way personally, but as the company is a legal person, it can deal directly with an actual person so I can see nothing legally wrong in such a transaction.

For a transaction under £5,000, it is easy to complete the Land Registry forms without needing a solicitor as there is no need to provide proof of identity. It is simply a matter of filling in some forms, enclosing a statement of value for the land as being under £5,000, then sending the paperwork with a cheque for £50 to complete first registration of the land involved in the transfer.
pilman
 
Posts: 2837
Joined: Thu Mar 11, 2010 5:08 pm

Re: ADVISE ON EXTORTION CLAIM

Postby mr sheen » Wed Feb 23, 2011 10:14 pm

Absolute genius!!!!
Could become somewhat messy when virtually everyone starts doing it...wasn't the LR supoosed to simplify things?
mr sheen
 
Posts: 2092
Joined: Fri Feb 27, 2009 3:33 pm

Re: ADVISE ON EXTORTION CLAIM

Postby Sudynim » Wed Feb 23, 2011 11:38 pm

Mojisola wrote:
pilman wrote:If you also bought a limited company off the shelf for a cost of £30, you can transfer the area of land beyond the outer face of the fence that will be erected, to this company.
Then complete an application for first registration and send the documents to Land Registry, this land will be removed from the current title and registered with a new title number.


pilman - this is a brilliant idea. Have you seen it done before? How frustrating it would be for the NFH!


It's clever, but I don't think it addresses the problem. The issue here isn't ownership of the disputed strip of land, which kennywaller has offered to gift to the neighbour. The real problem is that kennywaller's likely sale price is going to markedly reduced by the fact that this nasty dispute is so obviously still live.

Imagine that a potential buyer posted here, asking advice about whether they should buy kennywaller's home and move in next to someone who destroys other people's property and makes false money claims and threats against them (quoting kennywaller). We would urge them to walk away at all costs. The fact that the neighbour had recently successfully bullied a strip of land from the property would not be reassuring (it would have to be disclosed as a dispute).

The problem for kennywaller, as I see it, is that the value of his property is seriously damaged by the presence of an aggressively troublesome neighbour. There appears to be no remedy for this, as Mr Sheen has noted.
Sudynim
 
Posts: 2242
Joined: Mon Dec 21, 2009 7:31 pm

Re: ADVICE ON EXTORTION CLAIM

Postby kennywaller » Thu Feb 24, 2011 1:39 am

Yes I am lucky enough to have a buyer (who has met the neighbour and not pulled out (yet)).
We have offered to give away the 6" of land (as defined in the Neighbours RICS Surveyors Report) on condition of it being a FINAL Agreement and the withdraw of menaces etc.
The Neighbour signing it is really a CONDITION of Sale for our Buyer (and the Neighbour knows this)
So, even though it gives the Neighbour everything he wants (and gets rid of us) he is perverse enough to NOT sign it and try to pursue money from us.
We have suggested in the accompanying letter to the Agreement that if he DOES NOT SIGN within 7 Days we will take it that HE DOES NOT WANT A RESOLUTION to the Dispute.
If he does not Agree we will be stuck with ownership of the house forever unable to move. We will have to spend money on solicitors etc etc. Please no one suggest we pay the money to him. I hope he takes us to court but he would have to be looney to try as we have support of the police, the council, MP and other neighbours to back us.

Thanks everyone for your comments and support. I'll update any news

Regards

Kenny
kennywaller
 
Posts: 18
Joined: Sun Sep 12, 2010 10:19 pm

Re: ADVISE ON EXTORTION CLAIM

Postby ukmicky » Thu Feb 24, 2011 3:48 am

Please no one suggest we pay the money to him.


That suggestion you will not get.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4544
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Fences

Who is online

Users browsing this forum: No registered users and 7 guests