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Property developer trying to take land back from young family
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When you say that they have threatened "property damage and trespass" - did they do this in writing or over the phone?
At this point I would not speak to Hovis on the phone or in person. Get everything in writing - email is fine. If they call you, simply tell them to put all correspondence in writing, and hang up.
That way, if you do need to go and get legal advice from a solicitor, you have a proper record. You can't prove what you were told over a phone call.
It could be worth contacting a solicitor for legal advice and potentially getting them to write a letter to Hovis. You would have to pay for that, but if you want piece of mind could be worth it.
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lonibra said:While at it, I would also draft a letter to your local MP and councilor asking for help in getting Bovis to be reasonable.3
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steampowered said:When you say that they have threatened "property damage and trespass" - did they do this in writing or over the phone?
At this point I would not speak to Hovis on the phone or in person. Get everything in writing - email is fine. If they call you, simply tell them to put all correspondence in writing, and hang up.
That way, if you do need to go and get legal advice from a solicitor, you have a proper record. You can't prove what you were told over a phone call.
It could be worth contacting a solicitor for legal advice and potentially getting them to write a letter to Hovis. You would have to pay for that, but if you want piece of mind could be worth it.22 -
At this point I would write (pen and paper, recorded delivery (or proof of posting at the very least)) to everyone you have been dealing with stating:
- That you reject their assertion that the fences do not reflect the boundaries shown in the land registry documents and that furthermore there is no basis for any belief that an error was made during registration.
- That any attempt to physically modify the boundaries without your agreement will result in a call to the police and that any damage caused will (a) be reported as criminal damage (for which both they and their contractor will be liable) and (b) you will seek to recover any cost in rectifying that damage.
- [ Assuming you have a mortgage ] That you are unable to agree to any boundary change without the approval of your lender and therefore could they please confirm in writing exactly what changes they propose and the rationale for those changes so that you can discuss this with them.
- That in order to agree to a change, you will require assurance from your solicitor that any changes are correct and that what they are proposing is not another mistake. Given that they are claiming that this issue has arisen as a result of their mistake then it would be reasonable for them to fund your independent legal advice. Clearly this would be in their own interest if they are correct and your own legal advisors would agree with them.
- As noted above, check whether you have legal cover as part of any of your existing insurances. If you do then notify them immediately.
- [ If you have a mortgage. ] Notify your lender of the dispute and ask their advice. (If you're really lucky, your lender might take offence and they can probably afford good lawyers, don't get your hopes up though!).
- Take loads of photographs of the existing arrangement, ideally taking some long shots with houses in the background which would allow the position of the fence to be determined if some idiot did pull it up.
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Register for Land Registry's property alert service, which monitors activity on the property.13
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I would be inclined to send a letter with little more than the first paragraph previously suggested and then have a careful read of the Consumer Protection from Unfair Trading Regulations 2008 - latest version.Also print your phone records of incoming calls.2
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This is one of these "I want to know what happens" threads - i hope the OP keeps in touch and updates
I would love to be in this position - mainly because i am the obstinate argumentative type.
The OP has been given good advice - correct legal advice is critical (obviously)
Do not engage them on the phone
Make it quite clear that you have taken legal advice and will not hesitate to call the police if they take one foot on your property - it they want to bully you - you start to do the same to them.4 -
doodling said:
I doubt this is going to be a worthwhile use of anybody's time - as far as the lender is concerned, they've got a valid security (and it appears they still do). They don't need to take an interest unless and until somebody comes to them seeking their consent to changing anything on the registered title.
[ If you have a mortgage. ] Notify your lender of the dispute and ask their advice. (If you're really lucky, your lender might take offence and they can probably afford good lawyers, don't get your hopes up though!)its good to know who you're going to call to get an injunction if someone starts tearing the fence down.3 -
Also PLEASE read that thread link. Something very similar happened there. And was resolved to the property owners satisfaction, as it should have been.1
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On the phone the Director told me that they have already exchanged contracts with the people buying the plot behind us, and their contract shows a difference fenceline, so there really isn't anything that we can do to stop the changes.
But they have exchanged contracts with you with the existing fence lines so why does their fence line take priority over yours?
The adjustment shown is not going to make a big difference to their 'small' garden.1
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