Neighbour threatening to steal a third of the garden

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arsie
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Re: Neighbour threatening to steal a third of the garden

Post by arsie »

Good luck to you both.

With a rich and nasty neighbour from hell anything is possible. There was a thread on here not long ago where neighbours in a very beautiful part of the country got together to prevent an awful new development; whereupon the rich loser erected a metal fence, a real eyesore, all round his considerable boundary just to spite them. All legal and above board.

At least if you can prevent him from building, your sister will have a decent sized garden with the house if she decides to sell. But another thought here: thwarting this yobbo now over this could be to enter worse times; he could create dispute after dispute and stop her from selling - or at least make it very difficult.

Maybe get some valuations and sell to him for a large enough sum to compensate for any loss in value? Just a thought ... :(
kipper
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Re: Neighbour threatening to steal a third of the garden

Post by kipper »

arsie wrote: It will cost £150, I believe. Not many solicitors charge as little as that for even an hour's work so I don't see 'costlier in the short term'.
I would recommend that a complete novice use a solicitor to gain an interim injunction where time is of the essence. Of course the cost of the application plus the solicitor's fees will be far costlier than the price of a letter drafted by oneself and sent by tracked post - your stated cost of £150 is over 20 times more costly than a special delivery letter.
Lambzig
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Re: Neighbour threatening to steal a third of the garden

Post by Lambzig »

Thank you, luckily my sister has funds to pay for a solicitor to get this done, although not the city boy funding the neighbour seems to have, she thinks a few thousand now might at least show she won't be walked over.

It's very strange. The neighbour has been lovely until this, they have been round to dinner, drinks etc.
despair
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Re: Neighbour threatening to steal a third of the garden

Post by despair »

Sadly thats exactly how bullies behave
All nice and friendly and then suddenly when they find your weak point they strike

Make sure your sister checks very carefully all mortgages insurances credit cards union memberships for legal expenses cover
arsie
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Re: Neighbour threatening to steal a third of the garden

Post by arsie »

kipper wrote:
arsie wrote: It will cost £150, I believe. Not many solicitors charge as little as that for even an hour's work so I don't see 'costlier in the short term'.
I would recommend that a complete novice use a solicitor to gain an interim injunction where time is of the essence. Of course the cost of the application plus the solicitor's fees will be far costlier than the price of a letter drafted by oneself and sent by tracked post - your stated cost of £150 is over 20 times more costly than a special delivery letter.
I agree.

Here is a nearby thread with advice/costs: http://www.gardenlaw.co.uk/phpBB2/viewt ... 23#p165276
gardenlaw
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Re: Neighbour threatening to steal a third of the garden

Post by gardenlaw »

To give your sister sufficient and ongoing protection it is my view that ONLY an injunction will do. It can be granted without any notice being given to the neighbour and it can be in anticipation of his unlawful actions. This shows what is possible and the serious consequences to him if he breaches it:

"Canary Wharf Group has won a High Court Injunction (which in this case was an Order banning protesters) amid rumours that the St Paul’s Anticapitalist Demonstrators were planning to move their camp to the financial district.

The ban is indefinite and anyone breaking it is will be in contempt of Court and could face a prison sentence or a fine or both. It is a usual practice that a power of arrest is also attached to an Injunction.

This Injunction has been granted following a small demonstration and “chatter” on social media websites that the tent city on the site of St Paul’s will move on to London’s second financial centre, Canary Wharf.

Civil Injunctions -Protective Measures

Injunctions are a discretionary remedy which are not granted as of right. The Court has to be satisfied that an Injunction is appropriate and a necessary measure under any given set of circumstances.

Injunctions can be granted without serving notice on the other party, but this is likely to involve the Applicant in giving an Undertaking to the Court to pay the Respondent’s costs if the application is ill founded and the Applicant subsequently loses the case.

Sometimes, rather than make an Injunction Order, the Court will accept an Undertaking from the Respondent. As breach would be a contempt of Court, imprisonment would result if the Undertaking was broken."

Your sister has much more than rumours she has the emails. A county court application on an emergency basis could be made by her in her local county court without great expence or legal knowledge. She can do it in person and present

(a) her Title from HM Land Registry; if it is jointly owned with her husband then he will have to be named as a claimant too.

(b) the neighbour's Title from HM Land Registry;

( c) printed copies of the relevant emails;

(d) photographs of the garden

Make sure the injunction names all the owners of the neighbours house and seeks to restain the neighbours from breaching it by using contractors, workmen and others who might be employed to carry out work on your sisters land.

I think she could get a big sign made and attached to her fencing to warn off any builders saying there is an injunction breach of which is a contempt of court and could result in a prison sentence. CCTV would be a good idea trained on that part of the garden. If she is technology minded then a webcam could be used and looked at from the holiday destination. Then the court could be altered of any breach immeadiately.

She may consider involving the police to prevent a theft of her land. The definition of theft is depriving someone of an asset with the intention of permanently depriving them of that asset. Clearly that is what his emails threaten. With the course of harassment this is not an idle threat which the police can lightly brush off as a civil matter. There is also the law in relation to harassment and it may come within that, though i do not know the law in this regard. Google it.

S.2 offence Harassment
The elements of the section 2 offence are:

a course of conduct;
which amounts to harassment of another; and
which the defendant knows, or ought to know amounts to harassment of another

Of course if she just sends a solicitors letter then he will think it is the very action he is anticipating and ignore it. It has no teeth, but big diggers do. So if she does return from holiday to find a garage built or half built on land do pussyfoot around. It is trespass/theft so knock it down then sue him for the damage caused to the garden. Or if there is a classic car in the garage impound it until the garage has been removed. Perhaps employ a Clamper to clamp it. Break in to the garage if necessary from her OWN LAND. LIMIT any bulldosing to the boundary line of your sister's garden.
zaax
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Re: Neighbour threatening to steal a third of the garden

Post by zaax »

That's Harassment take all the copies to the Police and get a crime number (they will have to investigate). If the bully is arrested he will not be going to any car shows in the USA

On the other hand how much is he will to pay 5 million 10 million 50 million?
I know nothing about the law.
ukmicky
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Re: Neighbour threatening to steal a third of the garden

Post by ukmicky »

Lambzig wrote:Yes, I wondered if he had been a bit silly to put it in writing. The purpose of the email was to try and push her into selling by saying a court would only give her the basic land value, so she should accept his higher offer now.

She has over twenty aggressively pushy emails from him and I have told her to keep them all, preferably backed up.

He is also wrong . A court would order it removal as it would not be a genuine mistake . An equitable option is only open to a court if the person requesting it has gone to the court with clean hands as they say.

That email would prevent a court from considering granting damages in lieu of injunction
Any information provided is not legal advice and you are advised to gain a professional opinion
Lambzig
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Re: Neighbour threatening to steal a third of the garden

Post by Lambzig »

Thank you all for the advice. Sister is looking into insurers/unions (they are both doctors) this morning. She would prefer to use a solicitor, but is definitely going to push for him to get an injunction ASAP. How long do they take to get? Brother in law is overseas at the moment, which is why I am trying to help her so she doesn't have to deal with this by herself.
gardenlaw
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Re: Neighbour threatening to steal a third of the garden

Post by gardenlaw »

Provided a district judge is available to hear the application, and your sister has all her evidence then it should be done this week or early next. The key is to have the evidence I set out before and to bring the action against the correct defendant(s). A solicitor can download the Titles from HM Land Registry within minutes.

I stress that this is a pre-emptive action to, in my view, prevent theft of the land. Just the same as shoplifting or robbing a bank. It is not a dispute about land or boundaries.
arborlad
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Re: Neighbour threatening to steal a third of the garden

Post by arborlad »

Printing the e-mails and photos etc., is probably going to be easier for anyone who needs to view them.

While you are taking photos, of his land and boundaries as well as yours, be quite open about it, not covert.

Have a full boundary survey done, including as much of the neighbour's land that wont involve a trespass. You could explain to the neighbour that you intend to have your boundary determined at Land Registry, part of the process involves the adjoining landowner agreeing to the drawings/plans submitted.
arborlad

smile...it confuses people
Lambzig
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Joined: Tue Sep 03, 2013 11:45 am

Re: Neighbour threatening to steal a third of the garden

Post by Lambzig »

Solicitor was very helpful and advised my sister very well. We have filled in the forms to apply for an injunction at court this afternoon.

Lots of dated photos taken by an independent photographer who is happy to act as a witness, . If he did try anything, he would have to demolish a very expensive garden room and office that my sister had built across the bottom of her garden. Destroying that would definitely be criminal damage wouldn't it?
Lambzig
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Re: Neighbour threatening to steal a third of the garden

Post by Lambzig »

I just wanted to say thank you for the advice. My sister got her injunction and is planning to take her holiday with our cousin house sitting, so could take action.

The neighbour has said absolutely nothing about it, so hopefully has just accepted it rather than planning his next move.
dannymassive
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Re: Neighbour threatening to steal a third of the garden

Post by dannymassive »

That is good news that she can now go and enjoy her holiday without the worry of her garden disappearing. A good result.
gardenlaw
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Re: Neighbour threatening to steal a third of the garden

Post by gardenlaw »

That is very good news! Thank you for letting us know.
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