How to get neighbour to remove stuff

carefullycautious

Look up 'Adverse Possession'

Hope he hasnt had his stuff on the land for 10 years or you are scuppered

DirtPoorGuy

What proof can the farmer provide that the items on your land are their property?, if the farmer is unable to provide proof then you are free to dispose of those items as you see fit without notice to the farmer,

With regards to the Tort law, that someone previously posted, can you include the cost of legal fees as an expense to be deducted from any money earned by disposing of those goods, before you pass the remaining balance on to the farmer?

DirtPoorGuy

carefullycautious wrote: »

Look up 'Adverse Possession'

Hope he hasnt had his stuff on the land for 10 years or you are scuppered

I doubt this would apply on someone storing property at a location, the farmer would either have to personally reside there or actively and regularly tend the land, and make reasonable attempts at keeping it secure from others, so unless the farmer keeps the grass cut, plows the land, plants crops or keeps weeds down or grazes cattle and has a fence surrounding it preventing someone casually wandering on to the land then it doesn't apply.

He would also need to prove that at no time in the past 10 years has the deed holder used or maintained the land even for the briefest period, if they went for a 5 minute walk on the land in that time the farmers claim would be invalid.

clair222

omits wrote: »

You haven't relly explained much about your land and it's relation to his land. Consider also he may get agressive if you "move" his stuff.

Thanks for that omits I was a bit worried about a pitchfork in the back!! I have been taking someone with me at all times. Also, thanks for the tip about the boundries too.

googler wrote:

If it's designated in the council's local plan as farmland, you are VERY unlikely to get planning consent for housing, unless you're building housing that's necessary for the running of the farm.

Thanks googler I'm going to the the local council planning dept next week for an informal chat and to look at the possibilities. There are some buidings on the land already but just barns and an office.

googler wrote:

Again, what's the situation regarding access to your patch in relation to the farm? Was your land originally part of the farm? Are there other neighbours? How big is your patch?]

The access is independant. I dont know if it was originally part of the farm. There is one neighbour who is also fed up with the farmer but I have trouble getting hold of him. I intend to have a chat with him soon though. The patch is approx 9.5 acres.

werdnal wrote:

Just out of interest, what "arrangement" if any, did the farmer make with the previous owner of the land? Was it just a casual - yes you can store some stuff there, or was there anything legally binding?

Yes it was casual like you said werdnal.

werdnal wrote:

I would also check what exactly he is keeping on the land. Farmers deal with a lot of hazardous chemcials and he could have contaminated the plot. Also things like asbestos from old building roofs needs professional clearance - don't get involved in moving anything yourself unless you are sure what you are dealing with!

Thanks very much for that werdnal I appreciate it.:)

carefullycautious wrote:

Look up 'Adverse Possession'

Hope he hasnt had his stuff on the land for 10 years or you are scuppered

Thanks a lot for that carefullycautious. That was exactly what I was looking for. A few of the criteria apply and I think that maybe he was hoping to claim the land from some of the things he said. "I've been keeping travellers off this land for x years" etc but, the 10 years is a litle way off Although he might be able to claim the 10 years has gone. Perhaps this is why he has been obstinate - he was hoping to claim it but now I have appeared...

DirtPoorGuy wrote:

He would also need to prove that at no time in the past 10 years has the deed holder used or maintained the land even for the briefest period, if they went for a 5 minute walk on the land in that time the farmers claim would be invalid.

Thanks Dirtpoorguy. This bit of info has helped me a lot.

Thanks to everyone who replied. I didn't expect such lengthy and detailed replies. I shall definately be looking through the threads here and offering my help.:D

chappers

Spend half an hour with a solicitor and get them to write him a letter, I promise you it is the best way to deal with this and will be money well spent(probably less than £100 all in).
He is obviously intending to ignore your personal representation and rather than waste your time trying to negotiate with him, just go straight down the legal route now.
You will also find out your absolute legal rights with regards to removing his property etc.
Get all the information right from the start and then build your strategy based upon the correct information rather than trying to muddle through.

patman99

Can I assume you have inherited the land from a now-deceased relative ?, if so, and farmer-boy tries the old "I've been caring for this land for 15 years, so am claiming ownership" b/s, you can just inform him that you have been carrying-out annual inspections f the land on behalf of the now-deceased.

He won't be able to prove you haven't, and will thus lose any claim. If he lets slip how long he has been using the land, find-out how much you could have got from him in rent then send him a bill for the whole period and give him 28 days to pay.

At that point he will realize you are not to be messed-with.

clair222

patman99 wrote:

I've been caring for this land for 15 years, so am claiming ownership" b/s, you can just inform him that you have been carrying-out annual inspections f the land on behalf of the now-deceased.

Thanks Patman. I have already been carrying out these inpections:)

Thanks chappers,
I am going to hand him a letter and if I get no satifactory response I will go down the solicitor route. I am not going to give him any chances.
Thank you both for your replies and to all that has help me with these issues xx

chappers

the thing about spending time with a solicitor is you will find out your legal position with regards to removing his stuff from your land etc. you may not need to use a solicitor once you are aware of your rights. Just find out what they are first.
Have you tried CAB or maybe you have a local community lawyers drop in centre or similar near you.

womble12345

Do you pay extra for legal protection as part of your home insurance, if so then call them!