Trespass Letter of claim for extension

Post Reply
Stikko
Posts: 6
Joined: Fri Jun 16, 2017 4:48 pm
Number of Posts per Page: 6
Number of topics per page: 6

Trespass Letter of claim for extension

Post by Stikko » Wed Jan 31, 2018 6:23 pm

Hi,

I received a solicitors letter today claiming I have trespassed because the previous owner of my house built a garage extension partly on my neighbours land. We are talking about 24" by 6" or similar here ! The extension got planning permission in Oct 1991 and I assume was built soon after. The transfer or land to the neighbour was in a doc of Dec 1992 so it seems odd the sequence of events. One diagram does seem to show that a small amount of land was designated as my neighbours but if the planning permission was granted and then the transfer occurred I cant see how I can be at fault.

My questions:
1. Is their a time limit on making such a claim. This occurred 26 years ago, surely it should have been raised before ! I bought the house in 2010 and extended in 2016 so all chances for the now dead neighbour to raise this.
2. If some land was grabbed can I be at fault when it occurred before I owned the property ?
3. If I am at fault what damages can be claimed for 1sq ft of land for 26 years plus interest as the letter states ?

Whats really going on here is the owner wishes to demolish their garage and apply for PP for a house. I have go TPO's on two of his trees and I guess this is his revenge!

I have legal cover in my insurance so will need to see if this covers it.

Thanks

arborlad
Posts: 7678
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Trespass Letter of claim for extension

Post by arborlad » Wed Jan 31, 2018 7:04 pm

Stikko wrote:

My questions:
1. Is their a time limit on making such a claim. This occurred 26 years ago, surely it should have been raised before ! I bought the house in 2010 and extended in 2016 so all chances for the now dead neighbour to raise this.

Thanks


Yes, the Limitations Act would prevent it.


Whats really going on here is the owner wishes to demolish their garage and apply for PP for a house. I have go TPO's on two of his trees and I guess this is his revenge!


That's par for the course, someone wishes to develop but has insufficient land to do so.
arborlad

smile...it confuses people

Post Reply