Resolution to trespass

[Lawcruncher]

I agree with Pilman that when faced with an encroachment onto your land you need to stand back and take a businesslike approach. Over on Garden Law, where encroachment comes up regularly, I have said the you need to ask not what your neighbour has gained but what you have lost. If the encroachment is minimal, for example where the fencer has not sited the new fence exactly where the old one was, you let it go.

Once the neighbour starts to take liberties and the encroachment is signifcant* it is a different matter. The landowner whose land has been encroached on has a dilemma. If he does nothing he runs the risk the neighbour will take a further liberty and in any event why should he give up some land? What action can he take without involving disproportionate expense? If he cannot resolve the matter quickly with the neighbour a letter from a solicitor who does not overcharge may do the trick. The snag with that is if it does not do the trick and no more letters are received the neighbour will take it a sign that the encroached owner has decided not to risk any further expense. That leaves self-help. That will bring matters to a head in no uncertain terms but is always risky - see observations above.



*In the case the land is a strip three feet wide. That may not sound significant but that is a good flower border. What homeowner would not object if he went away on holiday and came back to find the flower border at the bottom of his garden gome?

[mystic08]

Hi Pilman. The last photograph shows the trespassers garden and not the tenants garden. I posted it to show the front edge of the low wall he built up against the encroaching fence as the true boundary. I initially offered to let him keep the land if he paid the expenses involved in formally recording the alteration but he declined. I am concerned as any unresolved/inaccurate boundary issues could affect affect a future sale of the property.

Law cruncher - following your advice I sent him a letter to which he did not respond. He then agreed by text to have a meeting with my husband who is a better mediator than me and then cried off. Having had enough I have twice arranged for a fencer to remove the fence but my tenant is now refusing access unless the fencer re erects the fence where it should be. I will dig out the tenancy agreement but I suspect he is in breach of his tenancy agreement in denying me access. I would happily ask him to do this but it's problematic because the trespasser has constructed the low wall on the correct boundary. The fencer was going to run fencing wire between the original concrete boundary posts and put the ball in the trespassers court so to speak as he will not want an unfenced boundary. From looking at the photos it doesn't look as if the bricks are cemented in place but the paving stones on top probably are and I don't want to be accused of criminal damage in dismantling the wall.

[mystic08]

Hi - it bothers me because it's on my land.

[mystic08]

[mystic08]

He has insisted he replaced the fence exactly as it was with two dog legs. I've discovered a Google Earth image taken from above his property of the old fence in alignment with his neighbour's fence which begins in the corner immediately to the right of her shed. He is now considering my offer to share the cost of resiting the fence as long as he takes down the wall he built immediately behind it. Fourteen months of prevarication.

[mystic08]

More help needed if possible please. Have been distracted by other things and not resolved the trespass issue. When my neighbour discovered the cost of supplying a LR compliant plan was £700 in addition to solicitors paperwork in order to have my land transferred to him he changed his mind and now says I must take him to court. To resolve the issue I have now offered to bear the full cost of re siting the fence as long as he takes down the low wall immediately behind it which is also on my land. He would incur no cost and it seems a good offer to me. He insists the police have told him the only way to resolve this is in a civil court but they told me I could remove the fence causing minimal damage. Can someone point me towards the actual legislation? He might believe it if he's sees that. Thanks

[mystic08]

I don't want to risk removing the fence as I've been given conflicting advice from different police officers about the consequences. I've discovered there is new legislation going through the House of Lords at the moment re property disputes. The new law is modelled on The Party Wall Act and is called Property Boundaries (Resolution of Disputes) Bill. It will probably be a while before it is passed but when it is I can serve notice on my neighbour and a surveyor will be appointed to determine the boundary. My neighbour has no evidence to support his denial of trespass but I have Google Earth images to prove he is wrong. I'm hoping the prospect of paying the costs of the formal dispute will encourage him to let me move the fence to its correct position of which I've offered to bear the cost. I'm not holding out much hope as he seems the type to cut his nose off to spite his face. A determination does not oblige the offending party to remove the fence but details of the dispute will be recorded with the Land Registry and will flag up during a conveyancing solicitors searches so it's in both our interests to sort this out. My concern is that if the bill is not passed for some time he may try and claim adverse possession. I seem to remember reading advice somewhere on this forum about writing a formal letter to trespassers stating no permission is given for use of the encroached land. If so can someone let me know if this is correct? Thanks.

[jpkeates]

Don't hold your breath for the legislation.
Parliament was prorogued when the election was held and all legislation in progress was cancelled (with some exceptions that were "saved").

This one wasn't.

[mystic08]

It's just had its second reading in the House of Lords but have no idea of how long it will take from now.

[mystic08]

Apologies. It had its first reading last month. The second is yet to be scheduled.

[cupcake78292]

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?

Get some estate agents to come over to value the plot. per m2.

[mystic08]

Thanks. You've replied to a much earlier post but we've moved on since then. I offered to gift him the land in the end but he won't pay for the professional fees that he would incur.

[pilman]

I offered to gift him the land in the end but he won't pay for the professional fees that he would incur.

The fee to register the transfer of Part of a registered title is £40 after you as owner complete and sign the TP1 form required for the transfer.

The AP1 form needed to apply to Land Registry for registration of the land can be downloaded from the LR web-site and a stamped envelope together with a cheque of £40 for the registration fee will then be the total amount required to resolve the current situation.

If it were me I would provide the forms and the stamped envelope and the £40 cheque just to resolve the situation with no legal fees or surveyor's fees involved, but I'm a pragmatist whereas you seem not to be.

[mystic08]

Thanks Pilman. My solicitor told me a Land Registry compliant plan was necessary. I asked a surveyor how much that would cost and he quoted £700 which is what has changed my neighbours mind.

[Jon66]

I'm afraid I would have removed the fence and wall into a skip by now and reinstated the correct boundary. Then Iif he complains tell him to take you to court. But then I have little tolerance for . . ..