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Neigbours......grrrrr (UPDATED)
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Narpy
 


Member Since: 18 Jul 2011
Location: Stockport
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2005 Discovery 3 TDV6 S Manual Cairns BlueDiscovery 3

As has already been pointed out though Jack, he has to live next to this person so a compromise would be more beneficial to the local "atmosphere" I would suggest. Wink
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Post #178270823rd Feb 2017 5:33 pm
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JackNorris
 


Member Since: 06 Jul 2012
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Yes, maybe the better option Thumbs Up Very Happy
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Post #178271123rd Feb 2017 5:36 pm
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gordonm
 


Member Since: 24 Sep 2014
Location: aberdeenshire
Posts: 171

Scotland 2008 Discovery 3 TDV6 XS Auto Zermatt SilverDiscovery 3

My parents had a narrow lane between their property and the neighbours separated by a low wall. No through access just more for maintenance but the neighbour attached a large fence on parents side and blocked th two downstairs bedroom windows. He refused point blank to remove and threatened legal action if my father tore it down. Solicitors letter sent after two weeks aggro and fence down within a couple of days and wall repaired as well. I would say that's your best option
  
Post #178272523rd Feb 2017 6:07 pm
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disco5
 


Member Since: 23 Dec 2012
Location: birmingham
Posts: 1088

United Kingdom 2010 Discovery 4 3.0 SDV6 XS Auto Fuji WhiteDiscovery 4

Lost for Words wrote:
Quote:
Came home on Monday to find that he has cleared all the wild shrubbery from the land and is in the process of beginning to landscape it.


I would have thought this already constitutes criminal damage under the Criminal Damage Act 1971 (which does include damage to land), so surely not just a civil matter?


Don't stand for the guy who does he think he is ....it your home and garden ..
Go to the police station where the local police who visited came from and ask for the inspector there then tell them.....
what work he has done clearing the site is criminal damage and the police should act on it.
With ref the cctv it for your protection as you are in fear of your safety and your wifes in your own back garden from him .
Show the police your deeds and the area this concerns.... they have got to act as he has broken the law...
And they have a Duty of care to serve and protect you from him .
  
Post #178280623rd Feb 2017 8:03 pm
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Snowman
 


Member Since: 06 Aug 2016
Location: Holmfirth
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United Kingdom 2008 Discovery 3 TDV6 SE Auto Zambezi SilverDiscovery 3

Big fence and land mines

Sorry not really helping.

I would go round and try to have simple discussion with him, if not is their a 3rd party who can mediate for you both.

Common sense and a calm nature is the cheapest option all round in these matters.
 Andy.

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Post #178281923rd Feb 2017 8:13 pm
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Someone-Gone
 


Member Since: 21 Dec 2015
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The Police won't become embroiled in a civil matter. You say Criminal Damage, I doubt this, the guy is clearing the land not vandalising it. He will claim he owns it, you will claim you do, the Police will advise both to get a Solicitor. Let's face it, would it be a good use of public money to have the Police sort out a land dispute?

In Scotland, you simply apply for Land Registry details of your neighbours deeds, can't remember if it's £20 for brief details, more for in depth stuff, then you know who owns what. Dead easy then.

I anticipated a potential problem with land I owned. It was on my deeds, but there was a local misconception that the land belonged to another. Long story short, I got the land registery deeds to all the adjacent land, the matter was cleared up.
  
Post #178283023rd Feb 2017 8:28 pm
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lynalldiscovery
 


Member Since: 22 Dec 2009
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United Kingdom 2006 Discovery 3 TDV6 Metropolis LE Auto Bonatti GreyDiscovery 3

Iirc its 3 gbp per search in England
  
Post #178283323rd Feb 2017 8:33 pm
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Skynet
 


Member Since: 23 Jul 2014
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United Kingdom 2016 Discovery 4 3.0 SDV6 SE Auto Alaska WhiteDiscovery 4

If it's your boundary, can't you raise a fence line along it? Place a sign on it saying private property. If he tears it down, that is criminal damage.

I'd put a laminated picture of your boundary line on the fence too so that he can be in no doubt its your property that he is trying to grab!
 Dave
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Post #178283923rd Feb 2017 8:43 pm
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Discomadness
 


Member Since: 19 Jan 2015
Location: Caerphilly
Posts: 2256

Wales 2007 Discovery 3 TDV6 HSE Auto Buckingham BlueDiscovery 3

I can feel your pain, my father has just finished a 5 year battle over a strip of land that his neighbour claimed. Ultimately the short version was he lost. He had original drawings with measurements on, land registry plans etc etc. The reason he lost was their solicitor was better and their pockets were deeper. My father even had to pay them compensation to cover their legal costs after his solicitor backed down. Angry confused and gutted were words used a lot every time I spoke to him. What p Censoredd him off the worst was at the end they had to re register their title with the land registry to incorporate the strip they had gained. If they had to re register it they obviously didn't own it in the first place !!! The legal system totally failed him.
I do hope you have better luck op. Thumbs Up
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Post #178284523rd Feb 2017 8:57 pm
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maxbasscat
 


Member Since: 03 Jan 2016
Location: Cambridgeshire
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Ukraine 2005 LR3 4.4 V8 SE Auto Tonga GreenLR3

Seems you already have a dispute that will come up in any disclosure exchange when there is a sale. All I can say is that only the lawyers win so try and settle (yes difficult) with what appears to be an unreasonable person. By settle I mean assert your position.

Perhaps not a long shot that many will think but your local council may have a dispute resolution scheme, some councils do have them for neighbours, I have heard that it is a reconciliation service which helps to settle neighbours disputing boundaries, fences, hedges nuisance issues etc. look yourself as it is not likely that your lawyer will tell you about such a service.

Hope that helps
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Post #178286423rd Feb 2017 9:31 pm
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Someone-Gone
 


Member Since: 21 Dec 2015
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In the OPs position, I'd get as much documentary evidence I could, i.e a copy of his title deeds and recorded delivery post him a copy with your own deeds and a covering letter saying that the land is yours and it would be advantageous to you both to meet to informally discuss the restitution of the land and boundary fence, failing which you would have to seriously consider legal recourse which could prove costly and for which if the case was found in your favour, you would seek costs.

That might focus his mind or at least that of his Mrs. who could exert pressure on him. Thing is not to be belligerent, just matter of fact. Don't get dragged down by too much detail.

Anyway, there's nothing to say you would take it further, just that you'd consider it. It might be all he needs? Most people crap out when they see they might have to pay someone else's costs. Too much of a risk to take if he is wrong.

I remember employing a tres expensive Solicitor, you know offices in London, Zurch, New York to send a warning shot out. This was over 20 years ago, £500 a letter basically, another £1k for a consultation. They were excellent, knew their stuff. Had the desired effect, the other party folded their hand, I tend to think their Solicitor said, if you loose, this is really going to cost you. Fact was, if they'd had carried on, I'd have folded my hand. It was a bluff, but they couldn't take the chance it wasn't. Rolling with laughter
  
Post #178286623rd Feb 2017 9:32 pm
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Scott #55
 


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Post #178287223rd Feb 2017 9:44 pm
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artschool
 


Member Since: 21 Aug 2016
Location: chester
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England 2016 Discovery 4 3.0 SDV6 Graphite LE Auto Corris GreyDiscovery 4

i would have thought the only way you could lose the land is if they claim adverse possession, maybe if the previous owner signed an affidavit saying he had looked after the land for a substantial number of years.

if it was me i would put up a fence and i would pay a surveyor to mark out the boundary as per the land registry drawings.

i would point out that land reg drawings are notorious for not being accurate.
  
Post #178287323rd Feb 2017 9:48 pm
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Narpy
 


Member Since: 18 Jul 2011
Location: Stockport
Posts: 7830

2005 Discovery 3 TDV6 S Manual Cairns BlueDiscovery 3

The Dundonian wrote:

............. their Solicitor said, if you loose, this is really going to cost you.


I bet they said if you lose. Rolling Eyes
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Last edited by Narpy on 23rd Feb 2017 9:58 pm. Edited 1 time in total 
Post #178287423rd Feb 2017 9:55 pm
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waterbuoy
 


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I so nearly posted 'I hope Narpy does not read this most recent post' !! Thumbs Up
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Post #178287723rd Feb 2017 9:57 pm
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