Neighbour says I'm encroaching on their land

moneyistooshorttomention

Update is that I am now awaiting title plans of neighbouring properties from Land Registry and a response from my surveyor as to how much it would cost for him to officially state my boundary is where it is.

I am wondering whether this is happening because the neighbour had someone else in mind that they wanted to have buy my house, but I was the one who bought it (even though it had been on the market for several months before I came round viewing it, so anyone local had had plenty of time to buy it before I clapped eyes on it). By now they would have a vastly improved house to what it was when I took it on and neighbour might be hoping they could get it after all and at a price lower than what I paid + what I have spent on it to date. That won't be happening, but neighbour might not have fully realised how much things have changed since it was "Their Day" back when..

Land_Registry

moneyistooshorttomention wrote: »

Update is that I am now awaiting title plans of neighbouring properties from Land Registry and a response from my surveyor as to how much it would cost for him to officially state my boundary is where it is.

A surveyor can be a great help in such cases but, and again not wishing to poor cold water on any ideas here, the survey results will simply be another view and one which you or your neighbour may agree/disagree on.

'Official' may not be the right description here as it is important to recognise that a surveyor offers a view only, albeit an experienced and professional one. But, in my own experience I have encountered situations where neighbours have employed separate surveyors who have then produced conflicting advice. And once again the only 'official' view in the context of sole arbiter is a court of law.

Clearly a survey will have a value when completed by a professional (usually RICS) but it may be worth reading the RICS online guidance on such things as well to appreciate both the services they offer and the limitations.

Davesnave

Don't judges in the Land Registration Department have the power to rule on disputes over registered land?

princeofpounds

am not going to bother myself about a petty amount of mine they are using until the circumstances are right to put things straight.

I haven't read the thread in full so apologies if this is irrelevant or outdated. But if you tolerate occupation of your land for a prolonged period of time once aware of the issue, that can weaken your legal case.

moneyistooshorttomention

princeofpounds wrote: »

I haven't read the thread in full so apologies if this is irrelevant or outdated. But if you tolerate occupation of your land for a prolonged period of time once aware of the issue, that can weaken your legal case.

If I tolerated her having my teeny little bit, presumably the tolerance time limit (of 12 years I believe) would expire after the neighbour has, in all likelihood, left for "higher realms" and is strumming their celestial harp:rotfl: considering the age they are. I presume that, in my case, the clock would start as when I myself moved in here and neighbour would have to set Start of Their Trespass Time as at 2013 (ie last year was when Completion happened). There is the very vague possibility they might still be alive then....but very few people live to that age.

silvercar

moneyistooshorttomention wrote: »

If I tolerated her having my teeny little bit, presumably the tolerance time limit (of 12 years I believe) would expire after the neighbour has, in all likelihood, left for "higher realms" and is strumming their celestial harp:rotfl: considering the age they are. I presume that, in my case, the clock would start as when I myself moved in here and neighbour would have to set Start of Their Trespass Time as at 2013 (ie last year was when Completion happened). There is the very vague possibility they might still be alive then....but very few people live to that age.

The clock would start from when the land was first utilised by the neighbour. So that could be before you completed on the property. It would also extend to the next property owner if the current owner moved out (in any direction).

moneyistooshorttomention

Thank you LR Rep. Well, I guess there's little, if any, point having in a surveyor anyway, as this neighbour would probably even dispute their take on things.

They are rather prone, as far as I can work out, to decide exactly how they want things to be to suit themselves and then ignore anything "official" they don't like the look of and quote anything "official" they do like the look of. So I expect they would be just as selective there.

Feels very thankful that I've always had legal insurance add-on to my home policy ever since buying my first one. Also feels very thankful I still have the same insurance company as I've had for years (ie who know very well I've never put in any sort of claim for anything ever with them). It does feel reassuring to have that when it comes to having someone like this as a neighbour:)

Way back at root of problem, I guess, is that they chose a house all those years back that had some very obvious defects to the plot (ie I would certainly never have bought it because of those defects) and they've been trying to alter things at other peoples expense ever since to try and remedy these "defects". I can see exactly why they've chosen to do what they did to their garden and that they rather "set themselves up" for trouble somewhere or other over the years if everyone else (including whoever owned my house) didn't fall in with what they had decided.

Well, that isn't my problem after all is it to try and help them live with those plot defects they have?:cool: I've deliberately chosen the house I have because of the obvious advantages of my plot, but that's just one of those things that that's how it is. If I chose a house on a housing estate that was just being built, I would try and start things off fast enough that I had first pick of the sites and could pick the best one and neighbour probably wouldn't have turned up till such time as the worst plot was the only one left and that's rather what has happened here.

princeofpounds

I presume that, in my case, the clock would start as when I myself moved in here and neighbour would have to set Start of Their Trespass Time as at 2013 (ie last year was when Completion happened).

Unfortunately that's not the case.

Running_Horse

Reading some of your posts it seems you are trying to read their minds to ascertain their motivations, but drawing complicated conclusions that probably bear little relation to the facts.

Stick to the relevant facts of the case, and leave psychic speculation to Mystic Meg.

DRP

Running_Horse wrote: »

Reading some of your posts it seems you are trying to read their minds to ascertain their motivations, but drawing complicated conclusions that probably bear little relation to the facts.

Stick to the relevant facts of the case, and leave psychic speculation to Mystic Meg.

^yes. agree with this.

OP If they are trying something on and you're not happy then deal with it by using the information at your disposal (you seem convinced it is accurate).