Boundary/easement encroachment by Developer

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  • Boundary/easement encroachment by Developer

    In 2002 I had an unusable workshop, I wanted to sell this land for development, the planning department said I could only have a chalet style bungalow on this plot if My ex husband and myself tranferred a strip of land from the adjoining garden into this plot, I found a buyer who got planning permission, but although both my ex husband and myself owned this garden my ex's long leasehold tenents had an easement over this garden, preventing the transfer, so this sale was aborted, I reduced the price,and found another buyer who knew he was buying this plot without planning permission or the strip of land, after the sale some three years later in 2005, the plot was not yet developed, unknown to me the developer dismantled the workshop, removed a large tree, allowing him to move the fence inward of over a metre strip, later the developer and his business partner parted, and transfered this plot to his business partner, in 2007 the build was started, (for a large bulky house, exactly what the planning department refused us only allowing us a bungalow), with the aborted plans and on the strip of land not tranfered, after much correspondance between solicitors, as the developer is stating he bought the land with planning permission including the extra strip of land, after many months of wrangling and trying to convince our solicitor who in fact is my ex husbands solicitor as he was invovled regarding the easement problem, the correct facts, I obtained the file of the sale in 2002 of this plot from my conveyance solicitor at that time, and who is now retired, the paperwork confirms the developer knew that they were buying the plot, with workshop, without planning permission, as there was an error on the boundary lines due to the fact the strip was not transfered, our solicitor is advising about not going to court, as we may still be liable for the costs, and states that no Judge will order them to take down part of the house any way that encroaches onto our land of more than a metre strip, and we may well have to settle for compensation, nothing about continuing trespass or our civil or human rights, any one know of any case law of property encroachment where the trespasser has had to remove their property, as I am losing confidence in this solicitor

  • #2
    was planning permission granted for the big house then?? If so, do the planning drawings show building on your land? When was it built?

    Peter

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    • #3
      yes the developer even forged the title deed to make it look bigger, the council state any one can submit a planning application on your land, and it is a civil matter, even taken this to the government ombudsman about the size of the build as well, but the ombudsman uphold the council they can change their mind, and guess what it was done under delegated powers, and know one will admit that they were the one who gave permission, talk about corruption

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      • #4
        it was started in 2007, and I informed the developer before he laid a brick he was encroaching on our land, but his builder said he would take what he wanted, the build has only just been finished, but they cant sell it because of the boundary dispute, they are threatening to take us to court, if we dont except about 12ins back of our own land, and it may cost us up to £50,000 in costs, what a joke, they dont scare me and I say to my solicitor let them get on with it then

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        • #5
          The planners stated it was similar to the chalet style bungalow of the plans we submitted in 2002 but in the passing certificate it became a house, it has been higher than the original plans and to far forward to my ex husbands freehold property, no paperwork to support these alterations, ombudsman does nothing, even wrote to the tv program about the planners (NOT)coming this is the London Borough of Barnet

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          • #6
            anita- to clarify the issues, please state:
            a. how much of the disputed area is in whose registered titles;
            b. who is trespassing on whose land; and
            c. for how long there has been such trepass.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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            • #7
              The disputed area is a seperate garden area, registered in my ex husband and my title deed, land registry have confirmed this area was not transferred to adjoining title deed has previously the intention on the 2002 planning application by my perspective buyer, this plot was owned solely by me
              The workshop plot ajacent to the garden area is a L shape plot around the garden area and the encroachment is 1-1.51 m by approx 10m long on one side and .5 of m by 9 m on the other side, onto the garden area, its hard to confirm exact measurements as I am being told that the ordernance survey maps at land registry are not always correct?, but we have old photographic evidence as we have had the property since 1981, and previous planning applications

              The developer who I sold the adjoining workshop to in Dec 2003, next to the garden area, the buyer who then transfered into his business partners sole name in June 2005, this partner has since died, his widow states he bought it with planning permission on a cleared site, a large tree was removed allowing them to move the fences, dismantle the workshop, if the widow states it was a clear site, confirmed by their architect, they must have moved fences before 2005, but they did not start any building until 2007,

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              • #8
                No, that's still no clearer to me. Sorry.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  In our divorce settlement, my ex husband and myself split the business property, my ex retained ground floor, and is freeholder to the above three flats, I will call that plot 1, and the rear of plot 1, was a workshop and service road on a L shape (plot 2), that was allocated by title deed to me, on the right of plot 2 was a square garden (plot 3), seperated by a fence on left side to the workshop, seperated by fence at the rear of plot 3 to the service road of plot 2, the right side of the garden plot 3, by fence to the pavement, front of garden plot 3 by passageway to the flats on the first, second, third floor, of plot 1, garden plot 3 is jointly owned by my ex husband and myself, this plot has always been seperated by fences since we have been in occupation from 1982, because the tenents of the flats had an easment to use the garden, the encroachment of 1.5m is on the left side of plot 3, where the workshop use to be, the rear of plot 3 where the service road of plot 2 is and now is entrance to new build L shaped house, and the house is in place of the workshop.
                  To be able to build a bungalow on plot 2, the planners stated we should transfer a strip of land to plot 2 from plot 3, a perspective buyer submitted plans for a bungalow, which were passed, but a problem occured and my ex's solicitor said we could not transfer this strip as the tenants had this easement on garden on plot 3, the sale was aborted, and I sold plot 2 in December 2003 without planning consent and without the strip of land from plot 3, the buyer of plot 2 has obtained the planning permission and our plans that were not able to be used as they include the extra strip of land that was not transferred, and submitted them in 2005 after they cleared and dismantled the workshop on plot 2, removed a large 25ft tree in garden in plot 3 which was against the fence which was between plot 2 and plot 3, without removing the tree they would not have been able to move the fence further into the garden area of plot 3, as they did giving them the extra strip into plot 2 and encroaching into garden area of plot 3, this encroachment happened some time before 2005, but they did not start to build until 2007 when all came to light
                  it is complicated

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                  • #10
                    Yes, it is! I strongly recommend that you consult a specialist solicitor, rather than relying on LZ members' posts, due its complexity.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                    • #11
                      encroachment

                      Originally posted by jeffrey View Post
                      Yes, it is! I strongly recommend that you consult a specialist solicitor, rather than relying on LZ members' posts, due its complexity.
                      and the sooner the better as with encroachment it seems that delay is regarded as acquiescing to the situation

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