Trespassing Dispute

spidercrab

Thanks EssexExile. We assume one of the houses has already been sold as one of the garages seems to include some kind of workshop and dormer style windows - not your run of the mill garage. We would rather stop this before it gets started! We just can't believe that the builder has the audacity to even contemplate this without even asking anybody about access.

AnnieO1234

Who owns the square? Is it leasehold? Who is the freeholder?

Xxx

spidercrab

Annie01234 - all the householders with access to the square own it equally.

TheCyclingProgrammer

Besides legal action you could certainly consider a physical obstruction though this will cost you money too.

Besides posts and gates, which will inconvenience all of you, there is probably nothing stopping you from erecting fencing or a wall of your own along the existing boundary, so long as it's on your side of the boundary.

If this builder wants to then resort to criminal damage then so be it, it will only make things worse for him as then the police will be involved.

Far cheaper at this stage though to send a letter outlining your position and might be worth paying to do it through a solicitor to give it a bit more oomph.

This isn't NIMBYism at all, it's rightly protecting access to your land.

Mr.Generous

We sold a house earlier this year that backed onto a square of garage land just as you describe. Part of our property fence bordered the land but its a solid fence with no access. The buyers solicitor kept asking about access rights to the rear - and we thought he meant rear of the property not the square of land and our solicitor kept telling him access was included in the deeds. Basically he wouldn't proceed with the sale unless we agreed to indemnify the buyer against any action taken over the rear access - when we refused and sale was falling through buyer went to visit property and took pics showing no rear access created, back garden was accessed by a shared passage as shown in deeds. It all went through but I would imagine your problem builder will face same problem when sales go ahead.

AnnieO1234

I would instruct solicitors to send him a cease and desist, erect a heavy set security wall along that side and have posters printed including billboard sized if I had to for all the homeowners to display. The posters would have a message directed that it is private land etc to make any potential buyers aware.

If he proceeds with any form of criminal damage, it's a police job.

Xxx

moneyistooshorttomention

spidercrab wrote: »

Thanks EssexExile. We assume one of the houses has already been sold as one of the garages seems to include some kind of workshop and dormer style windows - not your run of the mill garage. We would rather stop this before it gets started! We just can't believe that the builder has the audacity to even contemplate this without even asking anybody about access.

Could it be the case that the builder doesnt actually know that the square is privately-owned? Maybe he thinks it's Council land and doesn't realise that he has to have permission for access from all of you or forget about building those garages?

In your position - I would be having a solicitor letter sent to him pointing out that the square wasnt Council land and the owners are "as follows" and that none of you agree to give him permission for access to build the garages and none of you will be giving the owners of those houses permission to cross your land to get to those garages.

That might be sufficient to stop him in his tracks.

It would certainly be my first thought that he probably hasnt had the nous to investigate that square ownership and has just made an assumption about it.

George_Michael

AnnieO1234 wrote: »

I would instruct solicitors to send him a cease and desist

A "cease and desist" letter wouldn't really be appropriate in this instance.
That sort of letter is for when someone is taking an action that you consider illegal or unwarranted, but to date, no one has actually been trespassing on the land in question.

jc808

just build a double skin reinforced breezeblock wall filled with concrete in front of his new garage doors (when he finsihes thm) with the rebar drilled into the existing concrete..

prefereably after he has parked his cars in there

AnnieO1234

George_Michael wrote: »

A "cease and desist" letter wouldn't really be appropriate in this instance.
That sort of letter is for when someone is taking an action that you consider illegal or unwarranted, but to date, no one has actually been trespassing on the land in question.

I had made the assumption that said builder was already trespassing. Xx