Can anyone comment on this boundary issue

Section62

Princessa_2 said:

Are you planning on doing anything to the land to further make it obviously yours? Will you be planting things in it? I’d want to pave it like the rest of the drive I think.

Tyler would need to check for covenants and the planning situation before doing that.

If there is any legal requirement for that area to remain unpaved he can be sure at least one person will look for absolutely anything to stop him paving it, or to have the paving removed if he's done it already.

Tyler_Durden_UK

Appreciate all the comments / advise so far. I'll be leaving that area as is (for now). Had I know it was mine I would have block paved to the edge of my boundary. Just waiting for the letter from neighbours solicitor, be interesting to see what it says. Hope the replanted plants don't die, I'll keep watering them for the time being

GrumpyDil

Good luck anyway. Problem is solicitors will generally write anything (within reason) they're asked to.

I had a neighbour years ago send me a letter arguing about the placement of a fence I'd put up.

Oddly, after I'd written with photos, pointing out I'd erected it about four inches onto my land to bring it into line with an existing fence post it all went very quiet. 

Jeepers_Creepers

As GDil, says, most solicitors will do (initially at least) the bidding of their paying client. And if that's 100% trying-it-on BS, it doesn't matter. They just want 'results'.

They hope - for their pockets and for their client's ego - that the defendant will just capitulate under the pressure.

When this doesn't happen, and when costs will be seen to be accruing, they will then - in most cases - advise their clients to think very carefully about pursuing it further.

DB1904

Section62 said:

Princessa_2 said:

Are you planning on doing anything to the land to further make it obviously yours? Will you be planting things in it? I’d want to pave it like the rest of the drive I think.

Tyler would need to check for covenants and the planning situation before doing that.

If there is any legal requirement for that area to remain unpaved he can be sure at least one person will look for absolutely anything to stop him paving it, or to have the paving removed if he's done it already.

Who's going to enforce a covenant? There's nothing the neighbour can do to stop the OP reclaiming their land.  

Slinky

What are you going to do about the one remaining plant? Whilst it's still there it could be seen as either a 'claim' on your land or a 'theft' of a plant.

Be careful not to overwater the pots!

Section62

DB1904 said:

Who's going to enforce a covenant?

By convention it is usually the beneficiary of the covenant.


Do we know if there are any relevant covenants? Do we know whether the beneficiaries of any relevant covenants are extant? Do we know if the neighbour is a beneficiary, or in a position to influence a beneficiary to take action?

I believe the answer to all three questions is 'no' - but would be open to any alternate viewpoints.

This is why I said (if he wants to pave that area) "Tyler would need to check for covenants and the planning situation before doing that".

DB1904 said:

There's nothing the neighbour can do to stop the OP reclaiming their land.  

Has anyone said they could?

DB1904

Section62 said:

DB1904 said:

Who's going to enforce a covenant?

By convention it is usually the beneficiary of the covenant.


Do we know if there are any relevant covenants? Do we know whether the beneficiaries of any relevant covenants are extant? Do we know if the neighbour is a beneficiary, or in a position to influence a beneficiary to take action?

I believe the answer to all three questions is 'no' - but would be open to any alternate viewpoints.

This is why I said (if he wants to pave that area) "Tyler would need to check for covenants and the planning situation before doing that".

DB1904 said:

There's nothing the neighbour can do to stop the OP reclaiming their land.  

Has anyone said they could?

Had he known it was his land he would have already paved it, I think you're just looking for problems that aren't there. 

Section62

DB1904 said:

Had he known it was his land he would have already paved it...

If there was no dispute about land ownership it would be unwise to pave an area of soft landscaping without first checking the situation with covenants and planning consent.

With a dispute about land ownership, and with a neighbour who has already had enforcement action taken against them, that 'unwise' could now be upgraded to 'reckless'.

DB1904 said:

...I think you're just looking for problems that aren't there. 

In which case I have to query whether you've not read (or perhaps forgotten) what Tyler said in his first and third posts on this thread?


The arrangement of land along the road frontage of this row of properties is not 'normal' or straightforward. In the midst of a dispute with the neighbour Tyler needs to act with abundance of caution.  This is why I also said earlier in the thread that the same checks need to be made before putting up a fence, as someone else had suggested at that point.

There may be no problem there. But it would be very poor quality advice to suggest Tyler should proceed without doing some simple and low-cost checks on the lawfulness of alterations suggested by another forum member.

DB1904

Section62 said:

DB1904 said:

Had he known it was his land he would have already paved it...

If there was no dispute about land ownership it would be unwise to pave an area of soft landscaping without first checking the situation with covenants and planning consent.

With a dispute about land ownership, and with a neighbour who has already had enforcement action taken against them, that 'unwise' could now be upgraded to 'reckless'.

DB1904 said:

...I think you're just looking for problems that aren't there. 

In which case I have to query whether you've not read (or perhaps forgotten) what Tyler said in his first and third posts on this thread?


The arrangement of land along the road frontage of this row of properties is not 'normal' or straightforward. In the midst of a dispute with the neighbour Tyler needs to act with abundance of caution.  This is why I also said earlier in the thread that the same checks need to be made before putting up a fence, as someone else had suggested at that point.

There may be no problem there. But it would be very poor quality advice to suggest Tyler should proceed without doing some simple and low-cost checks on the lawfulness of alterations suggested by another forum member.

Have you read his post where had he known it was his property it would have been paved when he did the drive?