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land boundaries issue
Comments
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moneyistooshorttomention wrote: »Can't tell any longer about that Dave - as OP has removed the photos.
Personally - I don't "get it" re his fighting about this sliver of land to this extent - as it does seem to be the case that that bit of land originally belonged to "next door" and wasnt "bought and paid for" by his house. So I don't rate OP's chances of hanging onto it personally.
I seem to remember another case on here of someone arguing the toss for weeks over what turned out to be a sliver of land:j0 -
Others of us here, besides money, have been involved in serious boundary issues.
It is hard to keep a sense of proportion, especially where threats and real aggression is shown, but it's always best to keep calm and resist these in a civilised manner.
That doesn't mean lying down and accepting what comes, but every situation is unique, due to the character of individuals, so it's hard to give more specific advice.
The only thing I'm sure of, is that litigation is always costly, and therefore a last resort..
I never wanted to get into any altercation with my neighbours, But how else can you reason with someone who is unreasonable.
I would never do what he has done to me as I and im sure most people here use logic and reason to get by in life. If only Everyone listened to reason then we would be in a perfect society. We would have no need for the legal system hahahaha.
Bottom line is You bught what you paid for, You can't come along after 8 years and claim the boundary is in the wrong place and want land that you think belongs to you back, You saw the house before you put offer down and paid for it tough !!!! move on.0 -
I seem to remember another case on here of someone arguing the toss for weeks over what turned out to be a sliver of land
There's "slivers" and "slivers" - the bit of my land the nfh was trying to nick was actually several feet in width and they were also trying to use a large area of my garden and trying to make out it was "ours".
I came to the conclusion that their personal definition of "ownership" of land is somewhat different to the normal one (ie the person who "bought and paid for" it is the owner).0 -
It really doesn't matter whether it's a slither or not. If it is your garden and someone comes along and says the boundary is wrong by 8 inches then you don't really want to give that up. You may have plants growing in it (we did). You may not want a huge wall in your garden where your plants are (we didn't)
We now have had all our plants removed and replaced by an extension wall. The slither of land my neighbour stole has made a huge difference.
Worse is the bullying and intimidation we suffered, the threats and dress and arguments.
The law does not support those who cannot afford to invoke it. The Land our neighbour stole had been part of our property since we moved in 18 years ago, and part of previous owners too. But just to defend it in court would have cost thousands, with no guarantee that the court would award costs to us. We were in the right, but couldn't afford to assert that in court.
So we ended up negotiating over something that was ours in the first place. We split it 50/50. 4 inches each. Our vile bully of a neighbour then told us he had done this to us to punish us for objecting to his extension!
I am moving away from my dream house as I just can't live in such close proximity to someone who would do this to another human being.
So, slithers of land can have quite an impact.0 -
So, slithers of land can have quite an impact.
You could have 'won' in court and still lost, because your neighbour would still have been there, finding ways to push your buttons.0 -
It really doesn't matter whether it's a slither or not. If it is your garden and someone comes along and says the boundary is wrong by 8 inches then you don't really want to give that up. You may have plants growing in it (we did). You may not want a huge wall in your garden where your plants are (we didn't)
We now have had all our plants removed and replaced by an extension wall. The slither of land my neighbour stole has made a huge difference.
Worse is the bullying and intimidation we suffered, the threats and dress and arguments.
The law does not support those who cannot afford to invoke it. The Land our neighbour stole had been part of our property since we moved in 18 years ago, and part of previous owners too. But just to defend it in court would have cost thousands, with no guarantee that the court would award costs to us. We were in the right, but couldn't afford to assert that in court.
So we ended up negotiating over something that was ours in the first place. We split it 50/50. 4 inches each. Our vile bully of a neighbour then told us he had done this to us to punish us for objecting to his extension!
I am moving away from my dream house as I just can't live in such close proximity to someone who would do this to another human being.
So, slithers of land can have quite an impact.
Going to court is always a gamble, I am in a position where I asked my neighbour to do his own survey wince he refused to acknowledge the result of my survey.
He had till 5th of December to complete his own which he never did what should I do now ?
Put my own fence back up ?
Or go court ?
If I start doing work outside he will come and challenge me again then what am I going to do ? I will tel him I bought the house with the boundary in that location he will just come back and say the boundary is wrong and should match the ordnance survey map, I will then go to land registry and they will say the boundary marking on the title plan are not accurate then I will be going round in a circle.
May be it will be cheaper for me to put my boundary back up again but he may refuse. So just to put an end to all this I will have to go through court proceedings.0 -
In the case I referred to earlier, as soon as planning permission was applied for on the land, the neighbour made a claim against it. Planners aren't interested in who owns land, so his claim made no difference and permission was granted.
However, as soon as work started, the neighbour kicked up merry hell with the council's building control officer, who was stupid and tried to put a 'Stop' notice on it. That went way beyond his brief, so he was ignored and work continued. If it hadn't, years would have passed without progress, which is exactly what the neighbour wanted.
Just before the matter went to a formal hearing to determine ownership of the small strip, the vexatious neighbour caved in, as he had no evidence to support his claim.
I'm not saying you did the wrong thing, because details I don't know probably matter, but the longer you leave the situation as it is on the ground, the more your neighbour will think he's right.0 -
Hi, can I just ask a couple of questions:
1)Davesnave what sort of hearing was it please? Was it a land registry tribunal or a civil county court case? Also did the people have solicitors or did they do it themselves?
2)Money, i'm not aware of the your origional thread re your land issue-how did you resolve yours? Did you sort it yourself with the neighbours or did that end up in court? And if so did you have solicitors?
Thanks as you have seen above me and another of my neighbours are in the same position with a different neighbour..
Cheers,
Biscuit0 -
Hi, can I just ask a couple of questions:
1)Davesnave what sort of hearing was it please? Was it a land registry tribunal or a civil county court case? Also did the people have solicitors or did they do it themselves?
Land Registry Tribunal.
With building costing tens of thousands, one cannot mess about. The legal costs just go into the final build price. These, at about £6.5k were 'reasonable,' but imagine how much it could have been if the claim was not simply vexatious!
Response should always be proportional. The result here was a house worth £300k or more and also a home, so worth the effort.0 -
Hi, can I just ask a couple of questions:
2)Money, i'm not aware of the your origional thread re your land issue-how did you resolve yours? Did you sort it yourself with the neighbours or did that end up in court? And if so did you have solicitors?
Thanks as you have seen above me and another of my neighbours are in the same position with a different neighbour..
Cheers,
Biscuit
I didn't do a specific thread on this. What it was was that neighbours were trying to nick some feet of my garden on the one hand and use some of my garden on the other hand.
Their tactics were mainly down to arguing and trying to intimidate me. There was a lot of intimidation. It's over now. Resolved successfully - ie they've shut up. So they were doing "bluff/bluster/intimidation/lies" and not legal actions to try and nick my land/use my land.
As far as I can work it out - they seem to have a different definition of "ownership" to the normal one. "Ownership" is down to the person who "bought and paid for it" basically - so it's obviously mine then. Theirs seems to boil down (as far as I can make out) to "The land is 'ours' - regardless of who actually owns it" and "Thats the way its always been".
But the Deeds/my Title Plan etc all make it quite plain that "mine is mine" and exactly what I do and don't own. End of....
They argued the toss one heck of a lot and tried to put all sorts of pressure on me - on the basis that I'm a woman here in new area on my own. They didn't know me very well......as they eventually realised I'm not the walkover/planning on "fitting in" even if it's against my own best interests person that they hoped I was.0
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