Resolution to trespass

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    Resolution to trespass

    The owner of a house that backs onto a rental property of mine has replaced the fence but has taken about three feet of my garden. Immediately behind it he has straddled the correct boundary with a low brick wall topped with paving stones. It would be expensive for him to restore the fence to the correct position although he disputes he's in the wrong. I'm not too bothered about it as it's a small amount of land and would be happy if he covered the cost of transferring ownership to him. Can anyone tell me roughly how much it would cost to do this please?

    #2
    Are you sure that it's yours to 'transfer' to him?
    He obviously thinks not.

    The problem with boundries is that they are not easy to pin down.
    You might have a red line on a plan.
    But on most maps a red line could be 3 or 4 feet wide when scaled back up to real size.
    Where within that 3 or 4 feet is the actual boundry? (or is it all no mans land?).

    Unless you have something pinning it down by triangulation from permanent fixed points it's almost impossible to say where it is 'exactly'.

    Comment


      #3
      If the old fence had been in position for years then that more or less fixes the boundary.

      See these threads I started:

      http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=2247

      http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=3149


      Comment


        #4
        Thanks for your replies. My property was built in the fifties and the boundaries were defined by concrete posts and fencing wire. The concrete posts are still in situ but fences were installed at some point. The fence between us was in perfect alignment with the ones either side as evidenced by a Rightmove photograph I have from the Internet. It is one of the estate agents photos when the property was for sale in 2013. Despite the photo he maintains he replaced the fence in 2015 in exactly the position it was in. I'm told I'm legally entitled to remove the fence (carefully) and place it on his land. It seems a bit too confrontational for my taste but it's complicated anyway because immediately behind the fence he has built a low wall the whole width topped with paving stones. It straddles the correct boundary and can't be removed carefully. The owner works away a lot on oil rigs. I happen to know the fencer who did the work and wouldn't be at all surprised if it was he who advanced onto my land when the owner was away if it his job easier.

        Comment


          #5
          Thanks for the references. I had read them already as I'm a member of that great forum. It was guys on there who suggested taking the fence down myself.

          Comment


            #6
            It seems pretty clear from those photos that he has moved the original fenceline.

            Looking at that first photo may give a clue as to why.

            How new is that single story extension?
            Was it perhaps built slightly too close to the rear boundary, so he has simply moved the boundary?
            What does your local planning say about minimum distances to rear boundries for single storey extensions?

            Comment


              #7
              It's this house with the satellite dish that is directly behind and whose owner has trespassed. Sorry I should have posted this one first.

              Comment


                #8
                Ah, sorry.

                It looked like an extension from that first photo.

                Although maybe he's planning an extension in the future which would have been too close to the original fenceline?
                Still might be worth checking what the local rules are for rear extensions, and checking if he's applied for outline planning permission.

                Comment


                  #9
                  The house is too far from the fence for him to be planning an extension. This is the Rightmove photo taken from that house from before he moved in. The definition is poor but it's clear the fence is in alignment. At the left hand side the neighbours lighter coloured wood shed can be seen. Her section of the shared boundary fence was a slightly lower height than the trespassers.

                  Comment


                    #10
                    If the old fence aligned with the fences of neighbouring properties that practically confirms it was in the right position.

                    If the new fence is wholly on your land it belongs to you and you can do what you want with it.

                    Comment


                      #11
                      Oh. I thought it was his property. Either way I'm entitled to remove it but removing the wall would not be as simple Do you have any idea of how much the cost of transferring the land would be? I suggested transferring it to the trespasser for the nominal of £250. I should have looked at the Land Registry forms first as they are not the easiest to understand and there are other things like plans and OS maps they require so if I need a conveyancer I'm guessing it would cost more than £250?

                      Comment


                        #12
                        Originally posted by mystic08 View Post
                        Oh. I thought it was his property.
                        https://en.wikipedia.org/wiki/Quicqu...lo,_solo_cedit

                        Originally posted by mystic08 View Post
                        ...removing the wall would not be as simple
                        If the wall is on the boundary line best to leave it even if it encroaches a bit.

                        Originally posted by mystic08 View Post
                        Do you have any idea of how much the cost of transferring the land would be? I suggested transferring it to the trespasser for the nominal of £250. I should have looked at the Land Registry forms first as they are not the easiest to understand and there are other things like plans and OS maps they require so if I need a conveyancer I'm guessing it would cost more than £250?
                        It is the sort of job where you have to shop around if you want to employ a conveyancer. It is definitely going to be a case where the cost will be dispropportionate to the consideration. However, that is really the neighbour's problem, not yours, as he should pay all the costs. Since the neghbour should pay no point worrying about how to go DIY. An accurate plan will be needed and best drawn up by a professional. Assuming you otherwise get on with the neighbour this is a case where it is appropriate for both parties to be represented by the same conveyancer.



                        Comment


                          #13
                          If you have a mortgage, it is going to cost overt £100 just to get their approval.

                          Comment


                            #14
                            Originally posted by leaseholder64 View Post
                            If you have a mortgage, it is going to cost overt £100 just to get their approval.
                            Good point.

                            There are two "clean" solutions to this problem. One is for the fence to be re-erected in the correct position and the other is for the neighbour to buy the land.

                            A compromise which leaves Mystic08 in control of the situation is for the neighbour to sign a (professionally drawn) licence or acknowledgement that he occupies the land between the fence and the wall with Mystic08's consent. That will prevent the neighbour from acquiring title by adverse possession.

                            Comment


                              #15
                              Thank you. The trouble is, despite the existence of the Rightmove photo, he insists he has only replaced the fence where it was originally. He's offered me £150 in full and final settlement which perhaps is some sort of admission?

                              Comment

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