HELP! Neighbour has moved fence during COVID lockdown and taken land

CKhalvashi

Gerard55 said:

Chandler85 said:

I'm purely commenting because you have decided that because a fence was moved during the ongoing COVID it is somehow different to normal?  There is an obsession with everything being COVID related.  This isn't, it is nothing to do with COVID, don't pretend it is.

A neighbour has moved a fence and taken your land, that is all.

Of course it's nothing to do with COVID-19. I completely agree. My point was, rather, that this has happened during lockdown. A time in which I am unable to obviously go visit my other property as we are not legally allowed to and I am 75 years old. And a time in which the neighbour has maybe taken advantage of this situation because he fully well knows I cannot inspect my property.

You are legally allowed to ensure that the property is secure in my understanding of the rules, presumably (despite the property being an investment rather than employment) as it would be considered work that can't be done from home.

This is no different to me popping into the office a few times a week for a few hours to collect paperwork, when the paperwork in itself is then done from home, and deal with payment systems, which for legal reasons (mainly concerning GDPR) cannot be done from home. This is naturally in addition to ensuring the property is secure.

You need to speak to a solicitor ideally and possibly the police, as despite this being a civil matter, your concerns are then on record.

[Deleted User]

 Just go move it back. You can secure your property 

blue_max_3

Drop a note to your neighbour and explain what appears to have happened. And suggest that it would be in his interests to avoid legal costs by returning the boundary to the original position. Give them a deadline (2 weeks?). Should do the trick.

MobileSaver

_shel said:

 Just go move it back. You can secure your property 

Easy enough to say but I'm nearly a generation younger than the OP and it's not something I'd contemplate doing on my own nor should I have to. There will be costs involved and the neighbour will need to meet those costs.

My first reaction would be a robustly worded letter advising the neighbour that he or his contractor has "made a mistake" with the boundary, listing the specific issues and asking the neighbour to put everything back as it was to an acceptable standard. Set a reasonable deadline for a response and let them know you hope to resolve this without expensive legal fees.

If this doesn't prove fruitful then you will at least have more ammunition for claiming full costs if it goes to court.

Gerard55

Davesnave said:

It doesn't matter that there are Covid restrictions now or that you're 75; what matters is what happens when you're free to visit the property and who you might take with you at that time.If you have family/close friends to help, or it's close enough to hire burly labour, you have more choices.

If someone has moved a fence and you're sure of your case, have evidence to show this etc, then it's possible to take it down,  and either re-erect it in the right place, or if it wasn't yours, erect your own.

This person knows going to law will be expensive and slow, so you either make a direct response like that, or else decide that a metre of land is not worth the hassle and get on with your life. All  Covid restrictions do here is give you more time to think this through.

How far away is this property?

Its a 25-30 min drive away. And yes I have all the evidence required. 

Davesnave

Gerard55 said:

Davesnave said:

It doesn't matter that there are Covid restrictions now or that you're 75; what matters is what happens when you're free to visit the property and who you might take with you at that time.If you have family/close friends to help, or it's close enough to hire burly labour, you have more choices.

If someone has moved a fence and you're sure of your case, have evidence to show this etc, then it's possible to take it down,  and either re-erect it in the right place, or if it wasn't yours, erect your own.

This person knows going to law will be expensive and slow, so you either make a direct response like that, or else decide that a metre of land is not worth the hassle and get on with your life. All  Covid restrictions do here is give you more time to think this through.

How far away is this property?

Its a 25-30 min drive away. And yes I have all the evidence required. 

Oh, no distance at all; I'm 71 and I go that far to get my shopping.

Strategy's clear then: shot across the bows via letter and meanwhile organise your contractor.

tommyedinburgh

MobileSaver said:

_shel said:

 Just go move it back. You can secure your property 

Easy enough to say but I'm nearly a generation younger than the OP and it's not something I'd contemplate doing on my own nor should I have to. There will be costs involved and the neighbour will need to meet those costs.

My first reaction would be a robustly worded letter advising the neighbour that he or his contractor has "made a mistake" with the boundary, listing the specific issues and asking the neighbour to put everything back as it was to an acceptable standard. Set a reasonable deadline for a response and let them know you hope to resolve this without expensive legal fees.

If this doesn't prove fruitful then you will at least have more ammunition for claiming full costs if it goes to court.

Robustly worded letter?

Seriously, why not just speak nicely to the neighbour in the first instance? Surely the course of action of a robustly worded letter comes after having a conversation?

MobileSaver

tommyedinburgh said:

Seriously, why not just speak nicely to the neighbour in the first instance? Surely the course of action of a robustly worded letter comes after having a conversation?

The OP suggested that there was history between him and the neighbour: "he is a greedy sod that won't be persuaded (had problems in the past)."

Ordinarily I would agree with you but in this case a letter written in the cold light of day with simple facts and no emotions coming to the surface will also allow the neighbour the chance to "sleep on it" and hopefully decide on the right course of action without stressful legal actions being necessary.

tommyedinburgh

MobileSaver said:

tommyedinburgh said:

Seriously, why not just speak nicely to the neighbour in the first instance? Surely the course of action of a robustly worded letter comes after having a conversation?

The OP suggested that there was history between him and the neighbour: "he is a greedy sod that won't be persuaded (had problems in the past)."

Ordinarily I would agree with you but in this case a letter written in the cold light of day with simple facts and no emotions coming to the surface will also allow the neighbour the chance to "sleep on it" and hopefully decide on the right course of action without stressful legal actions being necessary.

The amount of folk nowadays who can't communicate effectively in the first instance is horrendous.

Davesnave

tommyedinburgh said:

MobileSaver said:

tommyedinburgh said:

Seriously, why not just speak nicely to the neighbour in the first instance? Surely the course of action of a robustly worded letter comes after having a conversation?

The OP suggested that there was history between him and the neighbour: "he is a greedy sod that won't be persuaded (had problems in the past)."

Ordinarily I would agree with you but in this case a letter written in the cold light of day with simple facts and no emotions coming to the surface will also allow the neighbour the chance to "sleep on it" and hopefully decide on the right course of action without stressful legal actions being necessary.

The amount of folk nowadays who can't communicate effectively in the first instance is horrendous.

That last sentence of yours is a prime example.

Do you believe the meaning is 100% clear in the context of this thread?