Neighbor stealing land

harris3636

My daughter has decided to rent property from my cousin which is great. The only concern is that as the house has been empty for 12 months (cousin in the armed forces) the neighbor has blocked the side entrance with a fence panel (originally there was gate to the garden ) and placed a small shed his side of the fence. There is now no access to the back garden except through the front door and through the house. He has used the shared side entrance as a drive which he parks his car not allowing any access whatsoever to the rear of the property.

My cousin has contacted her solicitor who is progressing the case as they say he is in the wrong and should put it back.

Do you think there is a case or as the saying goes "possession is 9 tenths of the law.

olly300

In property disputes it doesn't work like that.

Before going to a solicitor it's advised to try and talk to the neighbour politely and calmly pointing out you are actually the family of the owner which is why you are living in the property and that he needs to put the access back etc to how it was originally. You know how the access was and you have proof because of x, y and z.

Then only if this doesn't work after a couple of attempts should you get a solicitor involved.

The reason to delay getting the solicitor involved is when the properties are sold both of you will have to inform the new buyers that there was a dispute with the neighbours over access and car parking.

SailorSam

There is some truth in that old saying but there's the factor of 'time' that needs to be taken into consideration. I've just had a quick look on the Internet and this article says it's 12yrs, so unless the shed has been there a long time you should get your land back.

http://www.law-essays-uk.com/resources/sample-essays/land-law/possession-is-nine-tenths-of-law.php

Davesnave

Have a look at this site, which people usually find helpful in cases such as this:

http://www.gardenlaw.co.uk/

dinofabio

harris3636 wrote: »

My cousin has contacted her solicitor who is progressing the case as they say he is in the wrong and should put it back.

Instructing a solicitor at this stage is not what I would be doing. To me, that would be a last resort

Have a chat with the neighbour first and try and resolve it, try not to escalate the problem too soon.

G_M

Step one is to check that the side access IS actually shared. Spend £4 (each) at the Land Registry for the Titles, and Plans, for both houses. Then check ownership and Rights of access of this access/boundary.

Step two is to negotiate. Have a chat (over tea?) with the neighbour, and show him the Plans etc. Try to resolve amicably.

Step three is the legal approach if the above fails.

Or skip step three and go to...

step four: remove the fence panel from YOUR land (checking the Plans in step one!) and the shed (if it is also on your land), and place your car in a position to restrict his return when he's gone out. Then wait for the fall-out.

If using step 4, set up video cameras etc in advance so that if/when your car is vandalised, or your front windows smashed, you can prove who did it!

harris3636

My cousin has been in contact with the neighbor but he refuses to put the property back the way it was. Hence the reason they have contacted their solicitor. My cousin has not been at the property for over a year as she is based away in the armed forces so he has been doing this work while she was away. She has contacted the land registry and they have agreed that what he has done is wrong and he should put it right.
Our only concern is as he has done this work can he refuse to put it back.

olly300

harris3636 wrote: »

My cousin has been in contact with the neighbor but he refuses to put the property back the way it was. Hence the reason they have contacted their solicitor. My cousin has not been at the property for over a year as she is based away in the armed forces so he has been doing this work while she was away. She has contacted the land registry and they have agreed that what he has done is wrong and he should put it right.
Our only concern is as he has done this work can he refuse to put it back.

As you guys are family you can act on behalf of your cousin if she gives you permission.

As stated by me then repeated by a few others on this thread you need to try the face-to-face approach. People can and do ignore letters and telephone calls.

Try one more time to tell the neighbour to put the property back to where it was with proof from the land registry on where the access point are, and explain calmly and politely the implications they if they don't.

Only then if they absolutely refuse get the solicitor's letter sent.

Once the solicitor's letter is sent then both your cousin and the neighbour will have to tell potential buyers there was a neighbour dispute. Any sensible buyer will not buy the property.

BobQ

harris3636 wrote: »

My cousin has been in contact with the neighbor but he refuses to put the property back the way it was. Hence the reason they have contacted their solicitor. My cousin has not been at the property for over a year as she is based away in the armed forces so he has been doing this work while she was away. She has contacted the land registry and they have agreed that what he has done is wrong and he should put it right.
Our only concern is as he has done this work can he refuse to put it back.

As your cousin is already getting legal advice I doubt that anything we can say on here will make much difference, but if the land registry supports your position then there is no way your cousin's neighbour can win this argument and will rightly incur a lot of costs if he tries to do this the difficult way.

One obsevation, you should check the land registry record for both properties. I have been involved in a property sale of a previously unregistered property in which the deeds of one property confliced with land registry entry of the other. There was no dispute (fortunately) but the two plans contradicted each other in respect of ownership of a side entrance.

harris3636

Thanks for all your comments, I do believe that the neighbor is in the wrong and there is going to be a letter sent to him shortly.

Our fear is that he will totally ignore it and try and "pass off" the problem and think it will go away. I hope it does go to plan as we don't want to be in a situation whereby we are looking daggers at each other every time we see each other.

BitterAndTwisted

Believing the neighbour to be in the wrong and knowing it are two different things. Before any formal letters are written by legal representatives the Land Registry records for both properties MUST be obtained and printed out. These documents can then be sent as part of the solicitor's letter.