Legal action help against social housing from private home owner

Sarah.so

The police say I’m not allowed to do it because it’s his property. 

I am not allowed to touch any of it, as it can be theft or if I damage it it’s criminal damage!! 

ThisIsWeird

Sarah.so said:

The police say I’m not allowed to do it because it’s his property. 

I am not allowed to touch any of it, as it can be theft or if I damage it it’s criminal damage!! 

You have asked this person to remove HIS property from YOUR land, and he has not done so? I understand you can therefore do so. You do this as carefully as circumstances allow - ie do not smash his fences - but obviously brickwork will need demolishing.

The police are not interested in examining the boundaries here, they just want to prevent someone causing criminal damage. I would suggest that they got it wrong in this case - but that would need confirming.

Try: https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=4

But, in this situation, where all the usual approaches have failed, I'd line up my ducks - copies of both sets of deeds, the boundary survey reports, send a recorded demand for them to remove their property from your land, erect a boundary marker in the correct location - and then I'd shift it.

Time to get the party started.

I guess from what you said that you don't have Legal Protection included in your home insurance? Dearie me. That would be the first port of call, and the better method then would likely be to get a contractor to move it, and then sue.

Anyhoo, see what that other forum says.

Sarah.so

ThisIsWeird said:

Sarah.so said:

The police say I’m not allowed to do it because it’s his property. 

I am not allowed to touch any of it, as it can be theft or if I damage it it’s criminal damage!! 

You have asked this person to remove HIS property from YOUR land, and he has not done so? I understand you can therefore do so. You do this as carefully as circumstances allow - ie do not smash his fences - but obviously brickwork will need demolishing.

The police are not interested in examining the boundaries here, they just want to prevent someone causing criminal damage. I would suggest that they got it wrong in this case - but that would need confirming.

Try: https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=4

But, in this situation, where all the usual approaches have failed, I'd line up my ducks - copies of both sets of deeds, the boundary survey reports, send a recorded demand for them to remove their property from your land, erect a boundary marker in the correct location - and then I'd shift it.

Time to get the party started.

I guess from what you said that you don't have Legal Protection included in your home insurance? Dearie me. That would be the first port of call, and the better method then would likely be to get a contractor to move it, and then sue.

Anyhoo, see what that other forum says.

Yes I do have legal protection they have been “acting” doing SFA since march and when I have asked them to speed up the process as they hadn’t even contacted the housing association in all that time they responded to say as this insurance policy was taken out after the fence was erected I’m not covered by the insurance/legal assist! 

ThisIsWeird

Sarah.so said:

Yes I do have legal protection they have been “acting” doing SFA since march and when I have asked them to speed up the process as they hadn’t even contacted the housing association in all that time they responded to say as this insurance policy was taken out after the fence was erected I’m not covered by the insurance/legal assist! 

Argh - that's annoying!

Ok, the fence was erected before you took out the LP, but were you aware that the erected fence encroached on your land before you took out the LP? Because this issue 'began' when you became aware of it, not necessarily when it actually 'happened'. Eg, you may only have just found out that a border was in the wrong position recently, whereas it was marked wrong a loooong time ago.

In any event, surely this is an open and shut case; they should be 'happy' to take it on, as it's surely paid work for them! Ie, they should win, and get paid

Even if won't 'act' on your behalf, won't they at least guide and advise you? I've heard of LP offering 'advice' before now, in situations where they won't/cannot actually 'act'.

(I see you've posted on the other forum - cool. Fingers crossed for knowledgeable advice on there.)

FreeBear

Sarah.so said: Yes I do have legal protection they have been “acting” doing SFA since march

Are you in a union through work ?

Unions can often provide legal assistance, but I suspect they would shy away from a boundary dispute - Going to court can be very expensive, and it isn't always a guaranteed win.

HHarry

Can you find a ‘no win no fee’ solicitor.  It shoukd be an easy win for them.

Sarah.so

Yes I am with a union but they don’t offer advice on disputes like this! 

I’ve bit the bullet and emailed (below) to the landlords! 

Thank you so much for your help every Il keep you updated!! 

Sarah.so

Dear Ms xx,

I write to you as the given contact name acting on behalf of xxxx Foundation.

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

Listed below are the documents on which I intend to rely in my claim against you:

•    xxxx Surveys LTD – Boundary survey.

•    Title deeds: Title number: xxxx.

•    Confirmation email re. Visiting Senior Asset Surveyor who attended on 15/06/2023.

•    Insufficient monetary offers by the xxxx Foundation.

In accordance with the Practice Direction on Pre-Action Conduct, I would request that you provide me with copies of the following documents:

•    Survey undertaken by xxxx Foundation.

•    Report by visiting Senior Asset Surveyor who attended on 15/06/2023.

•    All subsequent reports conducted by xxxx Foundation.

•    Valuation report of land owned by xx xxxx Road.

I can confirm that to avoid the need for this matter to be resolved by the courts, I would accept the boundary being realigned to the correct position as “pegged” by xxxx Surveys LTD and a subsequent independent survey confirming this within the next 14 days with the work being undertaken within 30 days.

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue litigation proceedings against you in the county court without further notice. This may increase your liability for costs.

Yours sincerely

Xxxx

ThisIsWeird

Nice.
(Of course, you do 'need' to take action if they don't comply, now you've threatened it.)

Sarah.so

ThisIsWeird said:

Nice.  
(Of course, you do 'need' to take action if they don't comply, now you've threatened it.)

oh I have every intention off following this through to the end!!