Encroachment on my Garden Adverse Possession too

Encroachment on my Garden Adverse Possession too

Postby Mari55 » Wed Dec 20, 2017 6:39 pm

My first message! It logged me out beforehand so I lost the text of first post. So this is just brief. 3rd new Neighbour has encroached onto my land with paving which is not at ground evel. It is at 1. 2 metres high where a conservatory was erected. These Victorian semis have cellars and have steps up to kitchen doors (to explain why their level is now 1.2 higher than mine). 1st neighbours built this raised platform and conservatory before I moved in - about a year beforehand. But they built partly over my wall. 2nd neighbours removed frosting from conservatory and so overlooked my property. I then put a screening fence up in my garden, close to the conservatory window side overlooking me to prevent being overlooked by them. 3rd neighbours demolishes conservatory, puts in bi fold doors, extends the platform area and adds stone paving and glass balustrades. These go over the wall which really belongs to me, and also they removed my fence post so that they could fit their corner balustrade post in! I need to remove fence before they think it is the boundary - not yet 10 years. What can I do, can I cut off their paving which is overhanging? Can I remove the balustrade? thank you for any answers. PS I am only in contact by letter to them now as they are very intimidating. Not cutting hedges, electric cables to pond around my side of boundary fence. Fence is all mine too. Please ,someone help! It may cause problems if I or another owner wants to build an extension and they have this overhanging patio at 1.2 m high off the ground. Thank you
Mari55
 
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Re: Encroachment on my Garden Adverse Possession too

Postby Collaborate » Wed Dec 20, 2017 10:01 pm

Check your insurance policy for legal expenses. If you have it, consult a solicitor. the first thing you should do is take photos everywhere. then you should check that your deeds tell you that you do own the boundary features. If that all stacks up, a letter needs to be sent to the neighbours saying they should remedy the trespass. If they don't you either need to take them to court or get an angle grinder and remove the overhang.
Collaborate
 
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Re: Encroachment on my Garden Adverse Possession too

Postby despair » Thu Dec 21, 2017 12:01 am

Check very carefully mortgages, insurances ,credit cards , union membership for legal expenses cover

If you have proof the wall and boundary us yours you are legally entitle to remove anything which trespasses onto your land
They certainly cannot allso run cabling on your land either so throw it back

Might be wise to make sure police are aware you are reclaiming your property so they are forewarned to attend if trouble starts

Actions speak louder than words but some heavyweight friends on hand would be useful plus a video csmera hidden recording the events
despair
 
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Re: Encroachment on my Garden Adverse Possession too

Postby Mari55 » Fri Dec 22, 2017 11:28 am

Thank you for your replies. I shall check my insurance and see if I am covered for legal things. I do have photographic evidence from my garden photos over the years to prove where the boundary was so I shall persue it. I am taking down the screening fence to see exactly how far this patio is over the boundary and to enable the overhang to be removed and also because if it is left up for much longer, it could be considered as the new boundary, rather than a screening fence on my side.

I didn't mention it in first post for timing/getting logged out reasons but they have also erected a shed next to my fence at the bottom of the garden, 5m x about 3.5m, the 5m along my fence and it is on sitting on pallets to keep it off the ground. This has made it over 2.5 metres high at the apex. I looked into this and realised it needed either planning permission or should be 2 metres away from my boundary and so, the Planning compliance officer came yesterday to measure it. It is 20 cm over 2.5 metres so should require planning permission or need to be moved. The compliance officer said to me that they had 'discretion in these matters' and even though it was over the permitted height, only 20 cm she said, she did not think it would affect light into my garden by much so she was letting them leave it there! I said that with the shed, the encroachment of the raised terrace over the boundary, the screending fence, the high leylandii, it was all affecting my garden greatly but she said she could only talk about the shed! She told me that she's be writing to me to explain this and also who I can complain to if I wished. I looked on the portal and it said sheds over 15 sq metres may need building regulations regarding 'foundations' so I'm wondering if pallets are adequate foundations! Is it just me, or does anyone else think that Building Control and Planning Departments need to work together, not be separate entities? What's the point in having laws and letting people just do what they want?

Anyway, wishing you a Happy Christmas. I'll keep you posted.
Mari55
 
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Joined: Fri Dec 15, 2017 10:42 am


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