Neighbour attempting to steal land!

Little_Missy

My neighbour is attempting to steal part of my land and keeps arguing that it is their land. The piece of land is approx. 6ft x 30ft (6ft being the measurement extending out from my garden). My property is very old, so definite boundaries cannot be determined from the Title Plan (I believe a line on the older Title Plan can actually be 1m either side on the ground);however, I do have an old aerial photograph, which I have been able to measure out on the computer.

The current problem is that my neighbour has put a fence up, on my land detailed above, and I need to know if I can remove it without any serious repercussions. I know that there is a possibility, should my neighbour commence Court action, that I would have to reimburse my neighbour for any damage caused to the fence; however, would there be any other more serious repercussions if the above was carried out swiftly, thereby avoiding any confrontation (e.g. arrest, disproportionate fine, etc.)?

All assistance appreciated!

Leif

You could engage a surveyor to do a survey, and determine the likely position of the boundary. And try and get your neighbour to agree. They won't though. Also contact Land Registry. Sometimes a rep posts here.

Be warned that legal action is expensive, very expensive, lawyers love boundary disputes.

DTDfanBoy

Have you actually discussed this with your neighbour, that should always be the first step, especially as by your own admission it isn't clear as to who the land belongs to.

If any of my neighbours starting taking apart my fence without talking to me about it and refused to stop I would call the police. I'm sure the police would take a dim view of you destroying another persons property, irrespective of what land that property was on

Talk to your neighbour, boundary disputes are always costly to everyone except the lawyers, do everything you can to avoid one

Mojisola

Little_Missy wrote: »

The current problem is that my neighbour has put a fence up, on my land detailed above, and I need to know if I can remove it without any serious repercussions. I know that there is a possibility, should my neighbour commence Court action, that I would have to reimburse my neighbour for any damage caused to the fence; however, would there be any other more serious repercussions if the above was carried out swiftly, thereby avoiding any confrontation (e.g. arrest, disproportionate fine, etc.)?

Did the neighbour remove your fence and then put up the new one 6' inside the boundary?

Do you have any photos of the garden showing where the boundary used to be?

martinsurrey

climb over the fence (without damaging it) onto what you claim is your land, and put your own fence up.

fight fire with fire, if they take yours down, call the police.

It'll force them to discuss the issue like grown ups.

cootuk

I would first ask why they need "your" land (in quotes as it may or may not be your land) as this will partly determine how much they are willing to fight.
The old aerial photo sounds like a good start, but then you need to have a surveyor lay that onto the ground as your start position.
Once solicitors get involved then costs mount rapidly regardless of who is right or wrong.

jellie

Do you have legal expenses cover under your house insurance policy? Might be worth contacting them if you do.

Norman_Castle

This may help http://www.boundary-problems.co.uk/boundary-problems/frontpage.html

warmhands.coldheart

Little_Missy wrote: »

My neighbour is attempting to steal part of my land and keeps arguing that it is their land. The piece of land is approx. 6ft x 30ft (6ft being the measurement extending out from my garden). My property is very old, so definite boundaries cannot be determined from the Title Plan (I believe a line on the older Title Plan can actually be 1m either side on the ground);however, I do have an old aerial photograph, which I have been able to measure out on the computer.

The current problem is that my neighbour has put a fence up, on my land detailed above, and I need to know if I can remove it without any serious repercussions. I know that there is a possibility, should my neighbour commence Court action, that I would have to reimburse my neighbour for any damage caused to the fence; however, would there be any other more serious repercussions if the above was carried out swiftly, thereby avoiding any confrontation (e.g. arrest, disproportionate fine, etc.)?

All assistance appreciated!

Couple of Questions,

Who has been maintaining this land?

Was an old fence or hedge taken down and this new one is replacing it and if so has the new one then been put up in a different position?

Where you not there or aware of this being done? Not the sort of thing you just do in a day!

Are you in any way on speaking terms with your neighbour?

This 6ftx30ft length, is it a substantial % of your garden of small in the grander scale of things?

do you think there is an ulterior motive? i.e planning an extension and this 6ft is required for access to his back garden etc.....