Boundary dispute stops us selling land

montymouse

Trixsie1989 wrote: »

If it was me I would be telling this family you want to revert to original boundary as shown by the land registry and they need to remove their car park from your land. But then I am known for being difficult

Thanks, Trixsie, that could be the way to go. Though not without its complications, given that this family just will not cooperate. If we appoint our own surveyor and move the fence, they will argue that the fence is in the wrong place even if it's in the right place. So the way round that would be to mutually appoint a surveyor, but last time we tried to do that via solicitors they just went ahead and appointed their own surveyor, who turned out not to be registered, and he drew the plan up inaccurately, so we could not accept it.

Mossfarr

If you are in no rush to sell it, I would purchase a used shipping container and place it right along the original boundary cutting across their car park. I would leave it there, causing them maximum inconvenience, until they sort it out at their own cost.
they are causing the problem so let them be inconvenienced until they sort it.

montymouse

Mossfarr wrote: »

If you are in no rush to sell it, I would purchase a used shipping container and place it right along the original boundary cutting across their car park. I would leave it there, causing them maximum inconvenience, until they sort it out at their own cost.
they are causing the problem so let them be inconvenienced until they sort it.

:rotfl: Nice one! I love that. Now that is what I call "thinking outside the box" as one previous poster mentioned.


I don't think I mentioned that this garden in combination with their garden will make a very nice building plot. We have been told that our plot is worth about 80k with planning permission, which we don't have. When we put it on the market it was to be subject to overage. A lot of people are interested in the plot, including a neighbour on the other side, so I think this little ploy on the part of this certain family is to put other people off trying to acquire the land.

Davesnave

The statements below seem to contradict each other.

montymouse wrote: »

Before it went into joint tenancy, a member of this family got my mother to sign documents that put the land into his ownership.


I think they are just disputing the boundary generally, and do not have any documents other than the title deed.

I'd suggest that if you take this to Garden Law you set it out chronologically with a plan and rough dates. Drip feeding info, as you are doing here, confuses people.


For example: "I don't think I mentioned that this garden in combination with their garden will make a very nice building plot. We have been told that our plot is worth about 80k with planning permission, which we don't have."

It's not 100% clear if your garden would only make a building plot if the neighbours land is included, or if you could use it that way independently, in the absence of a boundary dispute.

Anyway, good luck; it's all become too complex for me!

montymouse

Davesnave wrote: »

The statements below seem to contradict each other.




I'd suggest that if you take this to Garden Law you set it out chronologically with a plan and rough dates. Drip feeding info, as you are doing here, confuses people.


For example: "I don't think I mentioned that this garden in combination with their garden will make a very nice building plot. We have been told that our plot is worth about 80k with planning permission, which we don't have."

It's not 100% clear if your garden would only make a building plot if the neighbours land is included, or if you could use it that way independently, in the absence of a boundary dispute.

Anyway, good luck; it's all become too complex for me!

Hi Davesnave - yes, it is fiendishly complicated. One member of this family managed to get my elderly mother to sign the land into his name some years ago. I got it back by threatening to go to solicitor and/or police. It was after I got the land back that the same family member tore the boundary down altogether and built a car park. Then followed the onsite meeting at which we agreed to relocate the boundary so that he did not have to take his car park up. But as soon as the fence went up, he said that the boundary was in the wrong place, because we had agreed a like for like exchange of land, so that they did not benefit from extra land. So basically, the whole boundary was redrawn to help them, but then they said they did not agree to it. So we said let's sort it out through solicitors, but then they stopped responding. Fast forward a few years and they wanted to resolve things again. This time they accepted the location of the fence, but said that they just wanted to sort things out with the Land Registry. So we agreed to mutually appoint a surveyor, but then they appointed their own who was not registered. Their surveyor's plan was wrong, so we could not agree to it, and told them via solicitor. We pointed out how their plan needed to be changed so that it would be correct. We heard nothing. Then we put the land on the market and one of the family went raging into the estate agent's.


You are right that I would probably need to get it all into clear chronological order for Garden Law.

montymouse

Hi All


I posted this problem back in 2018, and I think, given that you all chipped in with helpful suggestions, you might like to know the outcome.


We threatened to take the other party to court, as they were not answering our solicitor's letters. They finally agreed to mediate. At mediation we resolved the matter by selling the land to them at more than three times the market value.


They now have a large plot and they are seeking planning permission, which they may not get due to problems with vehicular access.


We were glad to see the back of that problem.

Skiddaw1

Nice one Montymouse!



Love your user name btw

montymouse

Skiddaw1 wrote: »

Nice one Montymouse!



Love your user name btw

Thanks! The mediation took place earlier this year, so the whole issue had been dragging on a very long time.


Glad you like the username - I think Monty Mouse was a character in a children's book.

Davesnave

Mediation is the best route, if it can be set up and an agreement reached, with a third party knowing exactly what was agreed.


Disputes over land wear people down, so it's great that you've been able to resolve yours

G_M

Now, when you submit your objections to the Planning application, do some proper research first.


It's no good just saying "I object", or even inventing ad hoc reasons - you have to use legitimate planning reasons for your objectios to be considered.