How to get neighbour to remove stuff

clair222

Hi, I,m hoping someone one her could give me a little advice please. I have been left a piece of land but the problem is that the neighbouring farmer has been using it to store his stuff. This stuff is a manner of all things - farming machinery, old tractors cars etc etc even some animals and a large silo tank thing. I have written him a letter and handed it to him but he just laughed and said it 'wasnt legal'
I have looked all over the net to look for a diy type letter I can serve him but all I can find is diy eviction notices to evict people. I cannot afford to see a solicitor over this and I am stuck as how to word a letter.
I gather that an eviction notice can be served in person (I have someone to do this) so the person serving can also be a witness. So I plan to do this.
I want to be fair to the farmer as it will take him a lot of time to move the stuff so I was thinking along the lines of 2 months to remove it all. I have no chance of anyone being interested in buying the land the way it is. Its just the 'legal' aspect of the letter I am struggling with.
Thanks in advance, Clair

Sambucus_Nigra

Get a company that auction off old machinery to come and give the chap a week's notice and let them clear it.

clair222

Hi, Thanks for that but I want to do things in a 'legal' and fair way.

Caroline73_2

Isn't giving him notice of your intentions a fair way of doing it? If you think two months is a fair period of time then give him two months notice or charge him rent. He obviously isn't going to play ball from his initial comment so forget about being nice.

princeofpounds

Look up 'bailment'. You basically have to make all reasonable efforts to contact him and allow him to pick his things up.

DVardysShadow

As POP says, it is likely to be bailment. The distinction you need to make in your mind is whether he is leaving his property on your land or whether he is occupying it. If he is leaving the property on the land, then you do not need to think about eviction. An hour of advice from the right sort of lawyer will be money well spent.

I think the approach I would take is to regard it as involuntary bailment and write to him asking him to remove his property within 21 days or advise you on that time scale of any rights he claims. Put a notice up on the property too, requiring all goods removed.

It may be he has been granted permission - or is even trying to assert adverse possession. Best to assume the most benign possibility but let him declare what he is up to and deal with that accordingly

googler

clair222 wrote: »

Hi, Thanks for that but I want to do things in a 'legal' and fair way.

If you own the land, can't you fence it off? Assuming it's not fenced off already, commission someone to do so. Then post notices on the fence or gates that the owner(s) of the property on your land have X weeks to remove it.

How does the farmer get access to it at the moment? Is it open to his land? Was it part of his land originally?

And if you're going to give him a letter, give him a letter through the Royal Mail, and send it recorded delivery to his farm address, rather than merely showing it to him, or handing it to him.

When he said "It's not legal", what was your response? Mine would have been to ask him why he thought it wasn't, or ask him what he knew of the land law in this country.....

Sambucus_Nigra

clair222 wrote: »

Hi, Thanks for that but I want to do things in a 'legal' and fair way.

What's not legal or unfair about removing the stuff and giving him notice?

patman99

Tell him you are in the process of selling the land to a family of travellers who are more than willing to 'clear his stuff off'.

G_M

There's information here about dealing with abandoned goods. It applies to stuff left by departed tenants, but I believe the principal, and law, is the same.

Make every effort to tell the owner what you plan and ask him to remove stuff. (you don't ned a special 'legal' letter for this, but sending it recorded delivery might be an idea).

Give time.

Then remove goods. Either store them and charge the owner, or sell. If you sell, the money is not yours, it is his, but you can deduct any costs you incurred (auction fees? removal men? etc)

jc808

patman99 wrote: »

Tell him you are in the process of selling the land to a family of travellers who are more than willing to 'clear his stuff off'.

excellent idea