Neighbour appropriated some of my garden

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annie08
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Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 »

Will do Mac. I haven't had a response to the letter to my neighbour so we will see what transpires.
arborlad
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Re: Neighbour appropriated some of my garden

Post by arborlad »

Morgan Sweet wrote: Sun Jan 13, 2019 7:55 pm You certainly do not have a "poor grasp", unlike some other contributors.


You seem to have four of them.................
arborlad

smile...it confuses people
annie08
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Location: northumberland

Re: Neighbour appropriated some of my garden

Post by annie08 »

arborlad wrote: Mon Jan 14, 2019 7:35 am
Morgan Sweet wrote: Sun Jan 13, 2019 7:55 pm You certainly do not have a "poor grasp", unlike some other contributors.


You seem to have four of them.................
??????????????
Morgan Sweet
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Joined: Sat Jan 03, 2015 7:47 pm

Re: Neighbour appropriated some of my garden

Post by Morgan Sweet »

If the neighbour agrees, there is absolutely no difficulty in transferring the land encroached by the fence to the neighbour or indeed to anyone else. All that is required are the completed forms stating the money involved (if any) and accurate maps (measurements may prove helpful) signed by all individuals.

The procedure is no different than if the neighbour approached annie08 prior to the encroachment and requesting if he could purchase the small piece of land from her, but in these circumstances it is usual for the purchaser to pay the legal and surveyor costs.

If the neighbour does not agree, annie08 then as stated before, could transfer the land to someone else (say a relative). If annie08 owns the Title jointly with someone else then the land in question can be transferred to just annie08. This would put the land registry Title Plan correct as to what is on the ground and any purchaser would purchase just that. The problem would then pass to the neighbour if he wanted to sell his property since this piece of land would show up when the Title Plans are examined as not belonging to him.

Now that annie08 has informed the neighbour in writing that the land has been encroached upon should also prevent the neighbour from successfully claiming adverse possession in the future.

Hopefully annie08 it can soon be resolved but having experienced similar and carrying out all the required stages it was only when an experienced solicitor in property disputes became involved was the problem resolved to my satisfaction. A Solicitor may also advise that if he accepts your first offer that a covenant is included as part of the transfer ie he neighbour has to for ever maintain the existing fence or may not build on the land etc..

No doubt the usual will say that my situation was different, it was not, only the area of land was greater but the procedures and laws remain the same.
MacadamB53
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Re: Neighbour appropriated some of my garden

Post by MacadamB53 »

Hi Morgan Sweet,

the area of land was greater but the procedures and laws remain the same.

it is my understanding that the procedures do not remain the same if the area of land is so small, but HMLR will explain what to do and the OP has committed to providing us with an update.

kind regards, Mac
Morgan Sweet
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Re: Neighbour appropriated some of my garden

Post by Morgan Sweet »

Yes, I agree that will be very helpful if we receive an update from annie08. It is my understanding that the area of land should be sufficient to be identified in another Title Deed.
arborlad
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Re: Neighbour appropriated some of my garden

Post by arborlad »

Collaborate wrote: Thu Oct 04, 2018 1:07 pm
annie08 wrote: Thu Oct 04, 2018 1:03 pm Oh heck. I was expecting less confrontational suggestions. I do regular inspections but they don't include expeditions into the undergrowth in the garden to check for encroachment on the boundaries. Am photographing the title deeds tomorrow and think I will send him a copy along with a photograph from the Rightmove website.The Estate Agents photo's show their back garden when they bought the property with the fence in its correct position.
It's not confrontational if you do it without them noticing.

If you think that simply doing something the neighbour won't like is confrontational, you need to get yourself a better dictionary.

Helpful suggestions where someone has indulged in a bit of land grabbing which don't involve asserting your own rights can be found in the unicorn aisle of your local supermarket.


It's more a question of being assertive rather than confrontational, thus far, the OP has done absolutely nothing positive to make the landgrabber aware that she is serious in her intentions to regain her land, in fact, she seems to have done the complete opposite and is more intent on appeasement.
arborlad

smile...it confuses people
arborlad
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Re: Neighbour appropriated some of my garden

Post by arborlad »

annie08 wrote: Sat Jan 12, 2019 11:42 pm I don't mind a fence with a couple of doglegs. Having straight fences in a property I don't even live in isn't essential for me to be content in life. Option one as a resolution would be quite sufficient. 😜


I've felt all along that you have a poor grasp of the purpose of a boundary feature, I'm sorry, but the above simply confirms it.

Whether you live in it or not - you still own it.

How do the brothers occupy the property, is it jointly owned by both or just one?..............it would make a difference with how you communicate with them.
arborlad

smile...it confuses people
annie08
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Re: Neighbour appropriated some of my garden

Post by annie08 »

arborlad - I am in direct contact with the brother who owns the property.

I am happy thus far with the current situation and am attempting to negotiate a reasonably amicable resolution. I accept your view is different from my own but fail to understand why you continue to criticize my stance. Different personalities deal with with issues in different ways. It sounds to me as if, in general, you don't like people "getting away with it". I do not have a chip on my shoulder and will be happy if he concedes he has trespassed on my land and paid a sum, however small, as recompense.
arborlad
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Re: Neighbour appropriated some of my garden

Post by arborlad »

Morgan Sweet wrote: Fri Jan 11, 2019 10:10 am The complication is that you are relying too much on your interpretation of a contributor's opinion from a post submitted over a decade ago. In saying that (to be clear) I am not implying that the contribution is wrong, rather it is your constant suggesting that my contributions have no validity and bring the forum into disrepute that are plainly wrong.


Trying to denigrate a thread from a knowledgeable and respected member because it is over a decade old is plainly ridiculous. I would trust anything from Conveyancer over anything from you all day long.

You should read and especially note the last post by Conveyancer - posted two years ago.
arborlad

smile...it confuses people
arborlad
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Re: Neighbour appropriated some of my garden

Post by arborlad »

annie08 wrote: Mon Jan 14, 2019 8:36 am
arborlad wrote: Mon Jan 14, 2019 7:35 am
Morgan Sweet wrote: Sun Jan 13, 2019 7:55 pm You certainly do not have a "poor grasp", unlike some other contributors.


You seem to have four of them.................
??????????????


It's a reference to the number of boundary features which Morgan Sweet seems unwilling or unable to address.

There is only one boundary between two adjoining lands, there should be only one boundary feature to define and secure it.
arborlad

smile...it confuses people
Morgan Sweet
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Re: Neighbour appropriated some of my garden

Post by Morgan Sweet »

arborlad wrote: Thu Jan 17, 2019 11:26 am
Morgan Sweet wrote: Fri Jan 11, 2019 10:10 am The complication is that you are relying too much on your interpretation of a contributor's opinion from a post submitted over a decade ago. In saying that (to be clear) I am not implying that the contribution is wrong, rather it is your constant suggesting that my contributions have no validity and bring the forum into disrepute that are plainly wrong.


Trying to denigrate a thread from a knowledgeable and respected member because it is over a decade old is plainly ridiculous. I would trust anything from Conveyancer over anything from you all day long.

You should read and especially note the last post by Conveyancer - posted two years ago.
You have added the underline of part of my sentence to justify your criticism. You should not interfere with or distort my posting.

Yet again you misinterpret my postings as you misinterpret the contribution submitted over a decade ago. I have not denegrated the post, I have just pointed out that the post that you refer to was submitted over a decade ago; meaning that you have misinterpreted it for many years, nothing more than that. I go on to say (if you care to read it) that I am NOT implying that the contribution is wrong.

So why do you think that I am denegrating the post?

Your comprehension of the written English Language appears to be rather poor and you seem unable to accept other people's point of view without launching into a spate of illogical criticism.
arborlad
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Re: Neighbour appropriated some of my garden

Post by arborlad »

Morgan Sweet wrote: Thu Jan 17, 2019 4:06 pm You should not interfere with or distort my posting.



It's called highlighting - I do it frequently.

I have distorted nothing, all your words are there - in the correct order.

You keep harping on about the thread being over a decade old - so what. There is absolutely nothing posted by Conveyancer that isn't as relevant and pertinent to anyone having boundary issues today as when first posted.

I will continue to link to that thread as and when I need to, in the full and certain knowledge that it contains information that can be relied upon.
arborlad

smile...it confuses people
Morgan Sweet
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Re: Neighbour appropriated some of my garden

Post by Morgan Sweet »

arborlad wrote: Thu Jan 17, 2019 6:18 pm
Morgan Sweet wrote: Thu Jan 17, 2019 4:06 pm You should not interfere with or distort my posting.



It's called highlighting - I do it frequently.

I have distorted nothing, all your words are there - in the correct order.

You keep harping on about the thread being over a decade old - so what. There is absolutely nothing posted by Conveyancer that isn't as relevant and pertinent to anyone having boundary issues today as when first posted.

I will continue to link to that thread as and when I need to, in the full and certain knowledge that it contains information that can be relied upon.
You are too selective when criticizing, you fail to comprehend (because it does not suit your attempts to discredit me) the following sentence:-

IN SAYING THAT TO BE CLEAR, I AM NOT IMPYING THAT THE CONTRIBUTION IS WRONG
arborlad
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Location: Hertfordshire

Re: Neighbour appropriated some of my garden

Post by arborlad »

annie08 wrote: Tue Jan 15, 2019 12:34 pm............... and will be happy if he concedes he has trespassed on my land .............


How likely is that to happen, probably not, however, if it does, you should demand the return of your land.
arborlad

smile...it confuses people
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