Neighbour dispute ‘estoppel’

Helpmenot

We’ve become aware that our neighbours have ‘encroached’ on to our property that we purchased in 2015. 

We fenced of the encroachment, and our neighbours (via solicitors) claim that Mr X ( predecessor) gifted them the land so an estoppel has arisen 
Land registry records show that Mr X was a leaseholder, not the freeholder due to an equity release. 

Can’t seem to find any legislation to say that this is not possible. 

Any info or advice appreciated. 

greatcrested

Dear Mr Neighbour's solicitor,

Thank you so much for your letter dated xx/x/21.

As you will be aware, Mr X, as a leaseholder of the land, was in no position to legally gift the land in question.

I shall therefore be maintaining the fence in its current position which reflects the boundary recorded by the Land Registry Plan enclosed.

Your sincerely,

Mr Helpmenot

welshmoneylover

Try gardenlaw too, there are experts in this kind of thing who will offer advice.

princeofpounds

You may wish to post your question on gardenlaw boundary forums, which is a bit more specialist than here, if a bit quieter.

Firstly, don't assume that just because a lawyer wrote a letter that the argument has legal basis. They will happily write to make it seem like their client has a case without actually doing so (sometimes you can spot it in the language e.g. 'my client informs me that...').

I am wondering if their claim to estoppel can possibly succeed. It requires a number of tests to be considered, one of which is detriment to the claimant in consequence of relying on that promise. What detriment have they suffered that would make it just enough for a court to seize your land?

I have only a hazy memory of some similar cases, so I may be wrong, but I seem to recall that a tenant (the former 'owner') cannot bind their landlord (the equity release company) in this manner; how can a valid promise to transfer the freehold of land be given by someone who does not own that freehold? A valid promise is also a test for estoppel.

Also, what evidence do they have of this 'gift'? You can always ask their lawyer to produce it... every reply the write will cost them £££. 

Do you have legal cover on your insurance or something like a union membership? If so, consider making use of it. Or just consult a lawyer specialising in this area; a few hundred quid would probably get you a firm legal position and an even firmer letter sent back.

I'll google around a bit more if I have time, but there's something to start.

Helpmenot

GreatCrested - done several weeks ago with no sucsess, 
Priceof pounds - does "our instructions are" count? 
Thier detriment appears to be the cost of JCB works to remove a bank that used to form the boundary and/or the cost for the new blockwall position. Although they've be unclear about this and provided no proof that they paid. 
They have produced no evidence of the 'gift', and have not produced any depsite many requests to do so. 
No legal Cover, but legal advice via my workplace union, which is telephone advide only, they are unable to take any action/instruction on my behalf. 
They may be relying on 'overriding interest of persons in actual occupation'. LRA 2002 S3 P2
My key arguement being that they had no 'interest' as the leaseholder did not have the authority to grant them the interest. Found the below from past case descisions: 
"Schedule 3, Paragraph 2 of the LRA 2002 does not create rights, but preserves existing ones. If the rights of the person in actual occupation do not give priority over the registered estate holder, Schedule 3, paragraph 2 does not change these rights."

quotememiserable

Helpmenot said:

GreatCrested - done several weeks ago with no sucsess

How do you mean, 'with no success'. You send the letter, then move the fence. That's all he's (sensibly) suggesting.