What is the process of removing someone from encroaching on piece of land that I own?

Woolsery

 I've not found the local authority of use, except in the specific instance of fly tipping. I've found the police very responsive when elderly relatives were suffering harassment and it soon ceased.

You might have nipped this in the bud if you'd done boundary walks much more frequently. Even in winter I do them twice a week on our fields. At this time of year, it's nearly every day. Recording in detail what exists now is very worthwhile, whether you decide to use a surveyor or not, but vigilance is the key.

 We've a farming neighbour with his own ideas about the boundaries, but it's not usually worth getting into a dispute about a few metres when dealing with acres. You don't say what area of land you have. As in your experience, Google Earth show trees, and if I show this chap old/new maps he says, "Well, that's just Ordnance Survey, not proper deeds."  Unfortunately, his and my title plans ("proper deeds!") are far too vague to determine our boundary within 2- 3 metres, one way or the other.

Using a surveyor in a town situation worked for relatives of mine, but they were pushed into a corner and had to take that option. It wasn't cheap, especially the legal representation, but their ability to build hung on refuting a spurious claim, so it was worthwhile. For a bit of scrubland, maybe the legal route will prove uneconomic and the best course active monitoring from now on.

Woolsery

Sistergold said:

Once sorted you need to reclaim this land and make it obvious it’s yours. A brick wall would be best. 

That's a very expensive way to go about protecting acreage, but we don't know what area of land it is. It sounds more extensive than a large garden if the OP doesn't see what's going on there.

If the land is next to a development of private housing it's may well have 'hope value' and  be worth considerably more than an equivalent area in a very rural spot. Like all investments, it's wise to monitor vacant land, not expect it to look after itself.

eidand

sidneyvic said:

So am I right in thinking you have absolutely no use for this very small piece of land and appear to own a substantial plot. You only traverse it once year to check on the trees. someone has moved their fence by a few meters to make good use of a very small part of this land that you have absolutely no use for. 
And you really feel it is worth going to war over and spending substantial amounts of time and money to get a fence moved back by a few meters ? Why apart from your sense of entitlement that it is your land so humbug ot anyone else making good use of it.....

That's neither here nor there. the land is someone's property, we're not talking about a sense of entitlement, this is actual ownership.

Yes, I do feel it is worth going to war over this, obviously. You can of course give your property away for free should you wish.

eidand

I would get a surveyor involved first, get a letter sent giving them 2 weeks to put the fence back where it was, at their expense and then if nothing happens I would simply remove their fence, put the panels back on their land and then put my fence back up, take pictures etc and if anything else happens I would get the police involved over criminal damage. Any work involved in removing their pillars from the land should be paid by them, so small claims or whatever is appropriate in this case.

TripleH

@sidneyvic the other point is that when the Op comes to sell it can be a nightmare (and delay the sale) if there is any doubt over land.

My mother had endless hassle over a plot of land the house has rights to access for repairs to property but doesn't own.

The buyers solicitors were confused by who owned it even though my mother was adamant she didn't.

If it is sorted now when issues come to light one way or another it saves a lot of stress in the future when minds are fogged and / or properties have changed hands.

The other point is that the other party appears to know they might be in the wrong, what is to stop them taking other liberties?

madteapot

Sistergold said:

Once sorted you need to reclaim this land and make it obvious it’s yours. A brick wall would be best. 

Good point but easier said than done. It would cost a fortune to build a brick wall for the entire length of the perimeter. Even wire fence is expensive but something I am considering. 

sidneyvic said:

So am I right in thinking you have absolutely no use for this very small piece of land and appear to own a substantial plot. You only traverse it once year to check on the trees. someone has moved their fence by a few meters to make good use of a very small part of this land that you have absolutely no use for. 
And you really feel it is worth going to war over and spending substantial amounts of time and money to get a fence moved back by a few meters ? Why apart from your sense of entitlement that it is your land so humbug ot anyone else making good use of it.....

What a silly comment, in my initial post and in subsequent responses I did make it clear that if this is too expensive process I am happy to cut my losses and move on. I just needed to know what other options I could have as most of the internet search only went as far as LBA and then moving the fence or adverse possession if it has been significant time. The only problem with that approach is someone else pulling the same stunt or this same property doing it again if they know I didn't do anything. The fact that I have no use of the land is not really the point, if/when I come to sell it and the buyer raises this as an issue it might make selling difficult. 

Woolsery said:

Sistergold said:

Once sorted you need to reclaim this land and make it obvious it’s yours. A brick wall would be best. 

That's a very expensive way to go about protecting acreage, but we don't know what area of land it is. It sounds more extensive than a large garden if the OP doesn't see what's going on there.

If the land is next to a development of private housing it's may well have 'hope value' and  be worth considerably more than an equivalent area in a very rural spot. Like all investments, it's wise to monitor vacant land, not expect it to look after itself.

It is somewhere between 0.6 and 0.65 acres but the shape of the land does make it really tricky on top of that many trees with TPO just doesn't suit for any mass builder to make good use of it. I did toss the idea to the developer when they were in planning stage but wasn't worth their money. Parents bought it as it was at the end of their garden and short opens up in funnel shape. They had plans to build a small bungalow in the land with access running at side of their house and garden. Nothing really went according to their plans and now I have this piece of land that I need to look after. 

I do have legal cover on my home insurance but the home and this piece of land are two different titles. I will give them a call to see if they would be able to provide cover in this case.

2bFrank

ProDave said:

Another trick is to offer the disputed piece of land for sale to your neighbour for a nominal sum.  As soon as he accepts your offer to sell it, he has admitted that he does not own it.  Then say you have changed your mind, please stop trespassing on my land.

You would be shooting yourself in the foot if you did this. They would simply accept the offer without prejudice (stating its cheaper than legal action). When you have rescinded the offer, and it goes to court, not only have you shown you have acted unreasonably, by backing out of a valid offer you made, but also shown how much you actually value the land (a nominal amount).

You would be tipping the odds in the neighbours favour.

Alphatauri

What you need is a copy of the Title plan for the original plot of land the developers the built on. This should show the original fence line. I know Land Registry plans are not to be used for accurate measurements but it would show the angles of the fencing. In particular the step from one fence to the next. You may also find the deeds attached to this title contain more detailed plans.

Finally you should be able to down load the original plans that were submitted when the developer sought planning consent. 

I would suggest both the planning permission plans along with the registered title deeds and plans would support your claims.

theoretica

It would also be worth looking through all the development planning documents to see if there is a mention of the trees, or a question about how close they might be to the fence.  Did the developers go ahead and seek permission to trim them?  That application might be worth checking.

Woolsery

theoretica said:

It would also be worth looking through all the development planning documents to see if there is a mention of the trees, or a question about how close they might be to the fence.  Did the developers go ahead and seek permission to trim them?  That application might be worth checking.

If there was a wildlife survey that would have included mapping existing trees etc.