land dispute solicitors fault?

davidmcn

Just to clarify - are you currently getting legal advice from anyone about sorting this out? It's not clear whether you're just believing what your neighbour tells you the actual title position is.

Also, if you did want to make a claim from your previous solicitor, you need to tell them as early as possible! If you incur costs then they may argue that they could have resolved it more cheaply.

minimoto

The neighbouring properties don't really have any bearin were at the end and it opens to his field and there's no reference points this is what's caused the confusion.

We saw our title before completion we raised the odd shape but was reassured it looked odd because in reality the land was sloped and an irregular shape whereas plans are from above. Complete clarity was only raised when we say his title plan, at no pint during the sale did the solicitor show us the "bordering" titles.

I've trawled through the e-mails last night and can find one where we ask about the parking, solicitor replied saying all land to rear is IUPAC to do what we want with as long as we don't restrict the covenant allowing acess over our land to his, the example she gives is tirning it into a garden and building walls which would block his field in.

Seems from the replies above we don't have a leg to stand on and have to resign ourselves to the fact he either parks there or we be blackmailed into paying the £5k (at the moment there's no way we can do this) .

minimoto

No haven't sought any other advise, I have actually e-mailed the solicitor when it all can about and she replied totally ignoring our concerns saying it with the costs involved in changing the title and potential costs involved, saying all she would need to proceed was the vendors details!

moneyistooshorttomention

Or..."Sorry mate, but I removed my new soil from my land when I realised it was your land after all and its now a ravine again".

I would think, in your position, I would say "There seems to be some error here. If you can provide me with absolute proof its your land, then what can I do? It would be your land. But, if it is your land, then I will need to remove my new soil I added to it and I have a use for it elsewhere. It would cost me £x to buy MY soil again that my mate wants to buy off me. That will leave the land as a ravine again - but heres the invoice that proves its MY soil - so I will be taking it back again".

Then its up to him to come to some sort of arrangement with you to knock the cost of your new soil off his land before he sells it onto you. After all, he wont actually be able to use HIS land with YOUR soil removed from it. I cant see the doctrine of "Whats on the land comes with the land" would apply to your soil. Your soil is sitting on the land, the same as your plantpots would be sitting on the land. Your soil isn't attached to his land in any way and is still your property.

Hoploz

minimoto wrote: »

I've trawled through the e-mails last night and can find one where we ask about the parking, solicitor replied saying all land to rear is IUPAC to do what we want with as long as we don't restrict the covenant allowing acess over our land to his, the example she gives is tirning it into a garden and building walls which would block his field .

what is IUPAC?
Solicitor has said you can do what you want with it ... Sounds like you might have a case?

Having said all this, maybe the 5k would be worth it. Spend it on the land instead of the legal fees to win an argument with solicitor/vendor
?

minimoto

Sorry means nothing spell checker I think!

We haven't £5k and don't have means to borrow it either, we have about £3k but don't really want to offer anymore before I know where we stand.

I like the idea of removing the soil but it took 5 men and a digger a week to move so won't be doing that anytime soon!

badgeraudio

minimoto wrote: »

Sorry means nothing spell checker I think!

We haven't £5k and don't have means to borrow it either, we have about £3k but don't really want to offer anymore before I know where we stand.

I like the idea of removing the soil but it took 5 men and a digger a week to move so won't be doing that anytime soon!

You dont have to remove the soil. Just say your going too!

Then if it goes further and you really want to remove it to prove a point. Put it on free cycle, " free soil, collector to dig it out!"

Davesnave

badgeraudio wrote: »

You dont have to remove the soil. Just say your going too!

Then if it goes further and you really want to remove it to prove a point. Put it on free cycle, " free soil, collector to dig it out!"

.....Doing that would surely be trespass.

But anyway, £5k is just a starting point, and negotiation is the way to go.

Removing soil, whether at at your own expense or not, would only inflame the situation and probably lead to you not getting what you want.

I'm still confused, however, why this land which is "outside our kitchen window" wasn't ID'd on the title document because "there were no reference points." Your house is as large a reference point as you are ever likely to get.

moneyistooshorttomention

minimoto wrote: »

Sorry means nothing spell checker I think!

We haven't £5k and don't have means to borrow it either, we have about £3k but don't really want to offer anymore before I know where we stand.

I like the idea of removing the soil but it took 5 men and a digger a week to move so won't be doing that anytime soon!

Doesn't mean to say you haven't (apparently;)) got a mate that wants to buy your soil off you (and said mate has got "5 men and a digger";)).

I wouldn't have thought it would count as trespass if you had put the soil there originally "in good faith" that it was indeed your land and can prove why you thought it was.

There is some legal word I am racking my brains for for the concept of having spent money on land in good faith that it was yours and you wouldn't have spent that money if you hadn't thought that. Will come back if I remember what that word is.

Trespass is a civil matter and not a criminal matter anyway.

AdrianC

badgeraudio wrote: »

Then if it goes further and you really want to remove it to prove a point. Put it on free cycle, " free soil, collector to dig it out!"

Your bluff will be called if the only response comes from the person whose land it is - "Thanks for delivering..."