Neighbour trying to claim our land as his own

Mike_the_Boilerman

A further point not made so far is ownership of land can only be legally transferred by deed, i.e. a formal and written transfer document signed and witnessed by both parties, details of which must then submitted to the Land Registry. The ownership details recorded at the Land Registry become definitive and legal proof of title to the land.

As the LR shows you as the owner this is definitive proof you ARE the owner and in the (unlikely) event he is telling the truth about buying the land for cash, he or his solicitor has either failed to register the transfer or the LR have made an error. I understand the LR make errors from time to time and they pay out several £m a year in compensation to landowners who have been wronged and lost out due their occasional incompetence. This could be one such potential case.

So there is still a small degree of doubt in my mind that he is lying. He *might* be quite naïve and been taken advantage of by the previous owner of your property who just took the cash he claims to have paid for the land, knowing it would not be transferred at the LR and s/he would still be free to sell it again e.g. to you. Or the sale was actually correctly concluded but this is one of those few cases where the LR failed to record the transfer and ownership persisted with the seller. In which case this chap's remedy is to go to a solicitor, produce his copy of the transfer deed and sue the LR. You could perhaps explain this to him if he has reasonable moods, ever, and before getting the big machinery in to shift his pile of fencing stuff back onto land you know he owns. You would feel really bad if you had his stuff shifted then he produced a correctly signed and witnessed transfer deed illustrating he did actually purchase the land but the LR screwed up recording it.

loveka

This is horrible for you.

I have been through similar, and unfortunately for you this is only the beginning. You cannot do anything via small claims for this type of thing sadly.

What you are checking your insurance for is legal cover. If you have it you can get legal advice on the situation from your insurers nominated solicitor.

He cannot claim adverse possession unless he has used the land exclusively and without challenge. Which is not the case it seems?

Have a look on the Garden Law website, and lost your query on the forum there.

You have my sympathy. The worst year of my life was resisting a bully boy neighbour who wanted my land. I ended up moving because of it.

JimmyChanga

I went to view an auction property many years ago that had been empty for a while. It was an open viewing so numerous people came. As we walked up to it, the neighbours were standing 3 abreast smiling and saying to everyone "this is our driveway". In fact the deeds showed no such thing. Not even a right of way for them. But seemed like they figured if they claimed it and informed you, this somehow made it legal.

Sorry I can't help much with your situation but you have my sympathies. This neighbour sounds like a narcissistic sociopath. Tread carefully and good luck.

Kellyg619

Mike the boilerman - It is my belief that there never was an agreement or any money changing hands. He has lied about a number of issues in the past, and I believe this is another.

Loveka- It’s good to know about adverse possession only viable if he has never been challenged.

I managed to block myself out of my account so sorry for not keeping you updated.

I wrote, what I felt was a diplomatic letter requesting that the items be removed no later than Easter Monday, and reminded him on the terms of the contract. I’m sure he didn’t even read it- he ripped it up and started shouting abuse at me, saying it’s his land now, he won’t be moving anything, and I should go back to where I came from (not sure what he means by that) amongst other things. I am going to start to keep a log of this verbal abuse.

I have an appointment Monday for legal advice although hope to get in touch with citizens advice beforehand.

TheCyclingProgrammer

Having given him due notice, I would follow through on it and have his property removed from your land when the deadline passes and make provision to erect some form of barrier - even temporary - to secure access to your land. Keep a record of all threatening behaviour.

Do not forget that even though land issues are a civil - not criminal - matter, that if you feel threatened or believe there may be a breach of the peace you should call the police.

Kellyg619

Thank you- finally got through to citizens advice and they said pretty much the same. Regardless of whether he has chosen to read it, the notice has been issued.

I am worried about his reaction when we start to remove the items (which will need a skip). He and is wife tag team looking out of the window- so he will see what is happening.

Mojisola

TheCyclingProgrammer wrote: »

Do not forget that even though land issues are a civil - not criminal - matter, that if you feel threatened or believe there may be a breach of the peace you should call the police.

Kellyg619 wrote: »

I am worried about his reaction when we start to remove the items (which will need a skip). He and is wife tag team looking out of the window- so he will see what is happening.

That's when you might need to phone the police.

I would have someone filming what happens so it doesn't end up as a 'he said, she said' situation.

Kellyg619

Good idea - I will get my son to do it.

J_B

Kellyg619 wrote: »

I am worried about his reaction when we start to remove the items (which will need a skip).

I'm not sure about a skip - surely you have to return the goods to him and/or to his property???

TheCyclingProgrammer

I would return the property to the owner. Leave it on his doorstep.