Neighbour appropriated some of my garden

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annie08
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Re: Neighbour appropriated some of my garden

Post by annie08 » Fri Jan 18, 2019 9:36 pm

I have incontrovertible proof in the form of a Rightmove photograph from when he purchased the property in 2013 showing the fence in perfect alignment with the ones either side. If he agrees to pay the sum I have suggested to cover the Land Registry rectification fees then I will interpret that as him having conceded he has trespassed on my land. Whether he thinks he has or not!

arborlad
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Re: Neighbour appropriated some of my garden

Post by arborlad » Sun Jan 20, 2019 5:57 am

annie08 wrote:
Fri Jan 18, 2019 9:36 pm
I have incontrovertible proof in the form of a Rightmove photograph from when he purchased the property in 2013 showing the fence in perfect alignment with the ones either side.



Now you have a firm grasp of the purpose of a boundary feature.
arborlad

smile...it confuses people

mr sheen
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Re: Neighbour appropriated some of my garden

Post by mr sheen » Sun Jan 20, 2019 8:07 am

If the neighbour responds 'without prejudice' and accepts the offer without any acceptance of liability (and he would be foolish to do otherwise) then that indicates that the negotiation is in the spirit of resolving the dispute and cannot be used to suggest he has accepted any wrong doing.

arborlad
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Re: Neighbour appropriated some of my garden

Post by arborlad » Mon Jan 21, 2019 11:47 am

annie08 wrote:
Fri Jan 18, 2019 9:36 pm
I have incontrovertible proof in the form of a Rightmove photograph from when he purchased the property in 2013 showing the fence in perfect alignment with the ones either side. If he agrees to pay the sum I have suggested to cover the Land Registry rectification fees then I will interpret that as him having conceded he has trespassed on my land. Whether he thinks he has or not!


The more correct a boundary feature is, the less opportunity there is for contention and dispute, if you get the opportunity to correct it, you should seize it. The fence in the correct location is a far superior solution than a more than somewhat nebulous paper one. A reputable fencer will greatly assist you with this .
arborlad

smile...it confuses people

annie08
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Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 » Thu Feb 07, 2019 3:55 pm

Update. Trespasser sent me a letter offering me £125 in full and final settlement. He doesn't seem to realize there are legalities involved. I have sent him a letter saying he can have the land if he pays all the costs involved in transferring ownership to himself. Alternatively he can move the fence back to where the actual boundary is or failing that I will remove his fence and wall. He's back on his oil rig I think so it may be a while before I can report back.

Collaborate
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Re: Neighbour appropriated some of my garden

Post by Collaborate » Fri Feb 08, 2019 7:37 am

annie08 wrote:
Thu Feb 07, 2019 3:55 pm
Update. Trespasser sent me a letter offering me £125 in full and final settlement. He doesn't seem to realize there are legalities involved. I have sent him a letter saying he can have the land if he pays all the costs involved in transferring ownership to himself. Alternatively he can move the fence back to where the actual boundary is or failing that I will remove his fence and wall. He's back on his oil rig I think so it may be a while before I can report back.
I think you really ought to make it clear that he must pay your legal costs too. On a strict reading of your offer he only has to pay his legal fees and land registry fees.

annie08
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Re: Neighbour appropriated some of my garden

Post by annie08 » Fri Feb 08, 2019 7:48 am

Apologies - I shouldn't have made it clear, he knows he will have to pay all the costs involved.

liveinpeace
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Re: Neighbour appropriated some of my garden

Post by liveinpeace » Fri Feb 08, 2019 8:24 am

it does seem though by offering to pay you anything he is admitting that he has something of yours.

Collaborate
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Re: Neighbour appropriated some of my garden

Post by Collaborate » Fri Feb 08, 2019 9:15 am

liveinpeace wrote:
Fri Feb 08, 2019 8:24 am
it does seem though by offering to pay you anything he is admitting that he has something of yours.
It doesn't help that the only evidence of this is a compromise of the claim.

annie08
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Re: Neighbour appropriated some of my garden

Post by annie08 » Fri Feb 08, 2019 12:56 pm

annie08 wrote:
Fri Feb 08, 2019 7:48 am
Apologies - I should have made it clear, he knows he will have to pay all the costs involved.
I was trying to edit my post and reposted completely in error!

arborlad
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Re: Neighbour appropriated some of my garden

Post by arborlad » Sat Feb 09, 2019 10:47 am

arborlad wrote:
Fri Oct 05, 2018 10:13 am
annie08 wrote:
Wed Oct 03, 2018 3:20 pm
I have a tenanted property which I have visited today as a tree in one corner at the back of the garden had come down in the recent high winds. The tree and other foliage had concealed the fact that when the property owner backing onto my property had replaced the fence last year he has encroached by at least a metre into my garden. The Land Registry title document shows the boundaries as running in a straight line between all the properties in the street but I can see there is a dog leg behind where the tree was and one in the other corner. ==****************== Symbols show the encroachment from their side. Please can someone advise me how best to tackle this issue?



First - speak to the neighbour, it's the surest way of finding out if you've got a belligerent land-grabbing neighbour or if there is some other explanation.

However the conversation goes, have someone on standby who is able to remove the fence from your land and stacked on the neighbours land.



The highlighted portion above should be changed to: ...............erected in the correct location.

Sadly, no one capable of this type of work has even viewed the fence!
arborlad

smile...it confuses people

arborlad
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Re: Neighbour appropriated some of my garden

Post by arborlad » Sat Feb 09, 2019 2:42 pm

mr sheen wrote:
Mon Dec 03, 2018 2:35 pm
arborlad wrote:
Mon Dec 03, 2018 1:23 pm
[quote=annie08 post_id=210337 time=<a href="tel:1543841396">1543841396</a> user_id=10440]
I'm a bit puzzled arborlad. Why do I need to get a fencer to look at it and why no paper trail?

A fencer will bring with him not just his knowledge of boundaries but also how the fence is constructed and the best way to proceed.
What???? Really??? I'm also puzzled....
The local 'fencer' can provide advice due to his 'knowledge' of boundaries along with his expertise about the 'best way' to proceed.....move over all legal professionals with years of study, training and experience, what people really need is the expertise of a 'fencer' the real expert in boundaries who just happens to also be able to knock nails into pieces of wood such that a fence results. Interesting.



I'm well used to comments such as this - I've certainly had far worse..............I usually read them with a smile and disregard from then onwards, however, it would be a sad indictment if that comment was instrumental in the OP not getting appropriate advice in a timely manner.
arborlad

smile...it confuses people

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