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Neighbour claiming 2 metres of our garden - boundary issue


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1 hour ago, jack said:

I doubt it will be protracted. If everything you've said is correct, I don't see that the neighbour has a leg to stand on. Initiating legal action will be expensive for them, and the first thing a solicitor is going to tell the neighbour is how weak their case is.

 

Thanks - I think a solicitors letter or well formulated letter from us with guidance is the key. Currently looking at this:

 

https://boundaryhelp.co.uk/home/boundaries-introduction/

 

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45 minutes ago, Happy Valley said:

 

Thanks - I think a solicitors letter or well formulated letter from us with guidance is the key. Currently looking at this:

 

https://boundaryhelp.co.uk/home/boundaries-introduction/

 


For the £100 the letter will cost, go to a solicitor first - a letter from you directly will just inflame the situation. When faced with legal facts, most people shut up and back down.  

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9 hours ago, Temp said:

I recommend a friendly call to the local police the day before.

 

Good advice this......

 

37 minutes ago, PeterW said:

For the £100 the letter will cost, go to a solicitor first - a letter from you directly will just inflame the situation. When faced with legal facts, most people shut up and back down.  

 

Definitely what you should be doing and I'm not sure why you haven't done so yet as your neighbour is clearly unreasonable

 

A solicitor's letter telling your neighbour that they have no legal right to trespass on your land and put up an illegal boundary fence, and making it very very clear that this will escalate to the courts, is more likely to make them think twice than any letter or communication you have with them.

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26 minutes ago, PeterW said:

For the £100 the letter will cost, go to a solicitor first - a letter from you directly will just inflame the situation. When faced with legal facts, most people shut up and back down.  

 

Exactly this. A letter from a solicitor shows you've taken advice and are willing to spend money to defend your rights. Don't underestimate the impact of a formal letter on the average chancer.

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6 hours ago, PeterW said:

For the £100 the letter will cost, go to a solicitor first - a letter from you directly will just inflame the situation. When faced with legal facts, most people shut up and back down. 

 

 

I wish the going rate was just £100. In my down at heal corner of England a mid ranking solicitor specializing in property litigation (as opposed to conveyancing) is £200 + VAT per hour. They will want deeds and maps and time review the history of the dispute before issuing a letter. Is your experience different? I would like to know because I will soon be heading in this direction over my boundary dispute.

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  • 1 month later...
On 23/04/2021 at 10:17, jack said:

 

Exactly this. A letter from a solicitor shows you've taken advice and are willing to spend money to defend your rights. Don't underestimate the impact of a formal letter on the average chancer.

Concur.

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  • 1 month later...

Update on this.


Had a subsequent conversation with the neighbour stating we do not agree with the survey and that our solicitor is currently looking at. Neighbour said what is acceptable and I offered them a meter only. They backed down somewhat so I pulled the solicitor for the moment. Then wrote to them stating that their survey did not match what is in our title deeds plus that we had exclusively maintained the land for almost 20 years however not wanting to have a dispute offered them a meter only with a timescale for acceptance otherwise we would have the right to withdraw the offer.

 

That timescale has now past and not heard a thing since. Not saying this still hasn't gone away but hopeful that it has.

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I would get this sorted before you build, as if this comes up later it would likely cost you more.

 

If you get a specialist Property Litigation Solicitor, it will likely cost you £300 +vat/hour. They will bill £30+vat for every 6 minutes!! However, they will likely see off any high street solicitor, providing of course you have a good case.

 

Your solicitor will check your deeds and your neighbour's. They would also advise on adverse possession. Of course you'd likely pay for 2 or 3 hours work to obtain documents, review the case and write a letter.

 

The conveyance's may indicate where the boundary specifically is,  but could conflict. Wording in the documents are important. If it indicates that the land is "more particularly delineated on the plan attached", and the plan contains specific measurements, the plan will take precedent over any ambiguous phrases, such as "for indications only", in other documents.

 

Land Registry clearly indicate that they are not in the business of defining boundaries. The registered plan is taken from a small scale OS map and the red lines are only indications of the extent of the land which is registered.

 

 

 

 

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2 hours ago, Dave Schulz said:

I would get this sorted before you build, as if this comes up later it would likely cost you more

 

This ^^^

 

We had a problem after planning but before breaking ground.  It delayed us by around a year.  All sorted in the end, and WELL worth it, but reading through some of the other posts and speaking from experience:

 

- Don't tell the neighbour anything you don't have to, sometimes tiny details make a huge difference so keep the idiots in the dark

- Don't give in, it's yours

- Don't believe a word they say.  You say they've backed down... I'd assume they havn't and just do your thing anyway.  Just look after yourself.  With us it was the parish council who lied and led us on a merry dance.  If I'd have realised earlier then it would have been better for us.  When it comes to land, just assume the other party is a scumbag and a liar.

 

Our best help came from a Town and Country Planning Consultant initially, might be worth looking for one of those as well as a solicitor.

 

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