Bought land need advice

Post Reply
M3man
Posts: 12
Joined: Sun Apr 29, 2018 8:17 pm

Bought land need advice

Post by M3man » Tue Oct 08, 2019 11:25 pm

Hello.

I have just bought some land next to me, however a neighbour has fenced it off and using it. The land was unregistered until I found the owner and bought it. The neighbour fenced it in 2 years ago.

My question is, how do I remove the neighbour?

span
Posts: 1654
Joined: Sat Nov 06, 2010 1:34 am

Re: Bought land need advice

Post by span » Tue Oct 08, 2019 11:35 pm

By removing his fence and putting your own up.

arborlad
Posts: 8349
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Bought land need advice

Post by arborlad » Wed Oct 09, 2019 5:35 am

arborlad

smile...it confuses people

MacadamB53
Posts: 6626
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Bought land need advice

Post by MacadamB53 » Wed Oct 09, 2019 7:56 am

M3man wrote:
Tue Oct 08, 2019 11:25 pm
Hello.

I have just bought some land next to me, however a neighbour has fenced it off and using it. The land was unregistered until I found the owner and bought it. The neighbour fenced it in 2 years ago.

My question is, how do I remove the neighbour?
can we see the layout please?

M3man
Posts: 12
Joined: Sun Apr 29, 2018 8:17 pm

Re: Bought land need advice

Post by M3man » Wed Oct 09, 2019 9:02 pm

I cannot share the layout. All I can say is the land is to the west and I now own it. I just want to get him off legally.

MacadamB53
Posts: 6626
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Bought land need advice

Post by MacadamB53 » Wed Oct 09, 2019 9:49 pm

M3man wrote:
Wed Oct 09, 2019 9:02 pm
I cannot share the layout. All I can say is the land is to the west and I now own it. I just want to get him off legally.
where’s the fence?

ukmicky
Posts: 4955
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: Bought land need advice

Post by ukmicky » Wed Oct 09, 2019 11:46 pm

He is not a tenant so has no protected rights of occupation against the paper owner and as it’s your land and your right to occupation is better than his , common law allows you to enter without a court order and remove his stuff and then fence it off. If he is on the land when you do it you have to ask him to leave and if he doesn’t use only reasonable force to remove him. You would however call the police and say you fear a breech of the peace if you were to do so.

If he re enters afterwards you would need an injunction to keep him out or sue for trespass as simply kicking him out once will not stop his occupation.

If you wanted the extra I’m in the right here factor you could gain a writ of possession and instruct bailiffs or after you gained the writ of possession evict him your self without hiring bailiff.

Depending on how you get on with him or what he is like you may wish to send him a letter informing him the land is now owed by you and you intend to take possession and give him 7 days to remove his stuff.(I wouldn’t)

A problem arises if this land is adjacent to his as it may be impossible for you to prove where the legal boundary is causing a further boundary dispute.


Many ways to do it ,
Any information provided is not legal advice and you are advised to gain a professional opinion

Post Reply