Transfer of ownership of a small piece of garden land to a neighbour

bobster2

Davis v Winner was a case about encroachment.

It's baffling what the neighbour here would be able to bring a case about - refusal to sell??? If neighbour is trying to buy this land - they clearly now think they don't own it - so how can there be a case about encroachment?

ManuelG

Out of interest, has said neighbour had any issues with any others that you know of?

GDB2222

bobster2 said:

Davis v Winner was a case about encroachment.

It's baffling what the neighbour here would be able to bring a case about - refusal to sell??? If neighbour is trying to buy this land - they clearly now think they don't own it - so how can there be a case about encroachment?

My understanding of what the op said is that this all started as a boundary dispute, and the offer to purchase was to resolve that.  

ProDave

GDB2222 said:

bobster2 said:

Davis v Winner was a case about encroachment.

It's baffling what the neighbour here would be able to bring a case about - refusal to sell??? If neighbour is trying to buy this land - they clearly now think they don't own it - so how can there be a case about encroachment?

My understanding of what the op said is that this all started as a boundary dispute, and the offer to purchase was to resolve that.  

The survey proved the boundary was correct and the OP owns the land, and the neigbbour then offering then to buy the land has acknowledged they don't own the land, but would like to by buying it. 

kipperman

ProDave said:

GDB2222 said:

bobster2 said:

Davis v Winner was a case about encroachment.

It's baffling what the neighbour here would be able to bring a case about - refusal to sell??? If neighbour is trying to buy this land - they clearly now think they don't own it - so how can there be a case about encroachment?

My understanding of what the op said is that this all started as a boundary dispute, and the offer to purchase was to resolve that.  

The survey proved the boundary was correct and the OP owns the land, and the neigbbour then offering then to buy the land has acknowledged they don't own the land, but would like to by buying it. 

This - you don't offer to buy something that you consider belongs to you - so  is this not an admission that the neighbour knows he doesn't own it? 

Nellie67

Thanks to everyone that's taken the time to comment. It is much appreciated and I'm astounded by how many comments there are, some humorous, some informative and some more sobering! 
The majority have grasped the situation fully. It started as a boundary dispute, which was proven in my favour by a surveyor, and has now turned into a full blown hostile attempt to bully me into selling the land for £5k with my own costs, or the threat of court for him to recover his costs thus far and cause me the most amount of stress and financial upset possible.  Someone mentioned posting about this on my behalf on 'Garden Law' which I've been unable to find. I'd be keen to hear the advice given there and any feedback. ??? 

The majority of you seem to be of the opinion that it's a bluff and I should walk away, but there has been enough doubt planted in my mind by the more sobering comments, that I should be careful and seek legal counsel now before proceeding with anything. That is the route I will take. 
In the interest of transparency, all my correspondence with his solicitor thus far has been polite, and shown willing to resolve the matter to mutual satisfaction. They take 2 weeks to respond to every letter yet I'm expected to respond within 7 days or else!! But I will not be bullied. 
I've also noted the comments about the seemingly unscrupulous behaviour of the solicitor and I note that the Law Society may be interested in the details. I assure you this is a well known and  to my knowledge, well respected law firm with a number of offices in the Thames Valley and London! 

If there is interest in finding out what happens next, I will post updates on this thread. 

Many thanks. 

Nellie67

Thanks to everyone that's taken the time to comment. It is much appreciated and I'm astounded by how many comments there are, some humorous, some informative and some more sobering! 
The majority have grasped the situation fully. It started as a boundary dispute, which was proven in my favour by a surveyor, and has now turned into a full blown hostile attempt to bully me into selling the land for £5k with my own costs, or the threat of court for him to recover his costs thus far and cause me the most amount of stress and financial upset possible.  Someone mentioned posting about this on my behalf on 'Garden Law' which I've been unable to find. I'd be keen to hear the advice given there and any feedback. ??? 

The majority of you seem to be of the opinion that it's a bluff and I should walk away, but there has been enough doubt planted in my mind by the more sobering comments, that I should be careful and seek legal counsel now before proceeding with anything. That is the route I will take. 
In the interest of transparency, all my correspondence with his solicitor thus far has been polite, and shown willing to resolve the matter to mutual satisfaction. They take 2 weeks to respond to every letter yet I'm expected to respond within 7 days or else!! But I will not be bullied. 
I've also noted the comments about the seemingly unscrupulous behaviour of the solicitor and I note that the Law Society may be interested in the details. I assure you this is a well known and  to my knowledge, well respected law firm with a number of offices in the Thames Valley and London! 

If there is interest in finding out what happens next, I will post updates on this thread. 

Many thanks. 

Nellie67

Thanks to everyone that's taken the time to comment. It is much appreciated and I'm astounded by how many comments there are, some humorous, some informative and some more sobering! 
The majority have grasped the situation fully. It started as a boundary dispute, which was proven in my favour by a surveyor, and has now turned into a full blown hostile attempt to bully me into selling the land for £5k with my own costs, or the threat of court for him to recover his costs thus far and cause me the most amount of stress and financial upset possible.  Someone mentioned posting about this on my behalf on 'Garden Law' which I've been unable to find. I'd be keen to hear the advice given there and any feedback. ??? 

The majority of you seem to be of the opinion that it's a bluff and I should walk away, but there has been enough doubt planted in my mind by the more sobering comments, that I should be careful and seek legal counsel now before proceeding with anything. That is the route I will take. 
In the interest of transparency, all my correspondence with his solicitor thus far has been polite, and shown willing to resolve the matter to mutual satisfaction. They take 2 weeks to respond to every letter yet I'm expected to respond within 7 days or else!! But I will not be bullied. 
I've also noted the comments about the seemingly unscrupulous behaviour of the solicitor and I note that the Law Society may be interested in the details. I assure you this is a well known and  to my knowledge, well respected law firm with a number of offices in the Thames Valley and London! 

If there is interest in finding out what happens next, I will post updates on this thread. 

Many thanks. 

Slinky

Solicitors can and will send letters out that 'push the boundaries' somewhat, if a client wants and will pay them to do so. 

I had dealings in my business with a company that sent me a solicitor's letter threatening me with an injunction if I didn't desist from an action. I took legal advice and got my solicitors to send a letter on my behalf stating my situation and I would continue doing what they threatened me not to.  The threatened injunction never arrived. That was 20 years ago.

ThisIsWeird

This is the link to the post in GardenLaw: https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?p=234423#p234423

I am not in way legally informed, but from what is said on that forum, and by some posters above, it would appear that your neighbour and their solicitor could push this issue further, which could incur costs on both sides, even if their case is baseless.

I would hazard that this is currently a threat only, hoping to intimidate you into capitulation. I would equally hazard that any judge would be highly unsympathetic to their attempted claim and their methods, as yours does seem to be a very clear case in your favour. 

You haven't answered whether you have LegProt yet? Please answer this!

Whilst you wait for this week to elapse to see if their threat is idle, ("Their £5,000 offer, with each party bearing their own costs, as set out in our letter dated 23 February 2024, remains open for a further 7-days. At this time the offer will be withdrawn and court proceedings shall be issued, without further notice to yourself"), I see no harm in replying that you first wish to undergo mediation with the neighbour in order to try and arrive at a resolution. In fact, contact your Local Authority and ask them what mediation services are available in your locality - they may even offer this service themselves.  

This should serve three purposes. If they refuse to agree to mediation, it'll add to the case against them. If the matter then proceeds to court, the judge will look more unfavourably on them. Two, it'll allow you to put the matter, with all its associated facts, to an impartial observer. From my personal experience, it's astonishing how 'reasonable' the biggest bullish idiot can become when asked to explain their 'case' in front of an impartial mediator. Three, it could put off any legal action until the mediation process has been tried, but it might not. That might give you more time to get your act together, and to find a legal representative if you need one.

I suspect quite strongly the solicitor will groan when they see 'mediation' being offered. They know that their case is a weak as a thrice-used t-bag, and they know that to refuse this offer will count against them. They know it'll be embarrassing for their client to attend the mediation, as the tone of their solicitor's letters indicate a bullying tactic for vexatious reasons. And the neighbour will have to attend alone, if they are not to garner far more costs (not sure a mediator will allow a legal rep there anyway?)

'Vexatious' - that's a good word :-) I think one you can drop into any correspondence when it feels right. You feel that this is a vexatious claim, simply because you've refused to sell them the piece of land.

"What does vexatious mean in legal terms?

A "vexatious" claim or complaint is one being pressed specifically to cause harassment, annoyance, frustration, worry, or even bring financial cost (such as the engagement of a defence lawyer) to their defendant or respondent."

If you DON'T have Leg Prot, then contact Citizen's Advice right away tomorrow. As part of this, ask whether offering mediation would be a good move. If they agree it would be, find out where such a service exists (this should be free, in fact many courts offer this), and then reply to the solicitor something like, "Due to what I feel are bullying, threatening and harassing actions by you and your client, I wish to make it clear that I no longer intend to sell this piece of my land to Mr X. I believe your current threat of court proceedings are vexatious. Should you decide to continue with court proceedings, I would first like to offer the opportunity of participating in the mediation service provided at XYZ with your client." NB - I have no legal background, but I cannot see this causing any negative issue, and it possibly might give them some pause. You are making it clear to them how you perceive their communications to be; threatening, bullying, vexatious. You are offering mediation. YOU are showing yourself to be reasonable and willing to resolve this matter peacefully. THEY are the ones throwing out threats.

BUT - CAB or LegProt. Don't delay. Even a free initial consultation with a solicitor.

I have to say, your neighbour's solicitor does appear to be increasingly bullish because you haven't countered with your own legal team. I imagine that a decent solicitor would be able to shut these absurd claims down pretty quickly.

On an associated issue - do you have anyone on the ground who could assist you? Any good friends or neighbours or work colleagues? I would make it clear to anyone who may have an 'interest' what is going on.