No action or contact from neighbours solicitors

BikingBud

Bobbityboo said:

Do you mean the neighbour is pestering you about using what they think is their land? Or are hey being generally difficult?  Either way that sounds horrible for you!  Can you get a solicitor to send them a decease and desist (is that what they are called?) letter to drop it as you have proved it is your land?  The legal approach may get them to just stop it.  I would check first, but I’m sure as there has been a legal element already you would need to declare when you sell, so nothing to lose by contacting him legally?  Just a thought that might get the neighbour to leave you alone. 

I have been told to go away (or other such phrase) and die before but this one is new to me.

Generally, as you are paying, solicitors may write letters that you ask  but I feel this one might be going to far!

HillStreetBlues

BikingBud said:

Bobbityboo said:

Do you mean the neighbour is pestering you about using what they think is their land? Or are hey being generally difficult?  Either way that sounds horrible for you!  Can you get a solicitor to send them a decease and desist (is that what they are called?) letter to drop it as you have proved it is your land?  The legal approach may get them to just stop it.  I would check first, but I’m sure as there has been a legal element already you would need to declare when you sell, so nothing to lose by contacting him legally?  Just a thought that might get the neighbour to leave you alone. 

I have been told to go away (or other such phrase) and die before but this one is new to me.

Generally, as you are paying, solicitors may write letters that you ask  but I feel this one might be going to far!

If OP is sure they have use of the land then rather than an decease and desist letter, I would just refer them to Arkell v Pressdram

bobster2

Dantheman_3141 said:

The disputed land has been in our use since we moved here in 2012. So legally we can gain prescriptive rights to the land as advised by our surveyor as it’s been over 12 years. 

We want to hire solicitors to gain rights over the land but we want to pay out of our own pockets to initiate the case then see what happens if the neighbour backs off. 

But still I wish the local authorities could take action against the neighbour’s behaviour towards us. Even the other neighbours are getting fed up with him as well. 

Err...hang on...I thought you said you were sure it already belonged to you? But now you're saying it doesn't and you want to acquire it through adverse possession??? This would only be relevant if you currently do not own it - and are using it without the owner's consent.

In any case I think you're mixing up prescriptive rights (e.g. rights of way) vs adverse possession (taking ownership).

Bobbityboo

BikingBud said:

Bobbityboo said:

Do you mean the neighbour is pestering you about using what they think is their land? Or are hey being generally difficult?  Either way that sounds horrible for you!  Can you get a solicitor to send them a decease and desist (is that what they are called?) letter to drop it as you have proved it is your land?  The legal approach may get them to just stop it.  I would check first, but I’m sure as there has been a legal element already you would need to declare when you sell, so nothing to lose by contacting him legally?  Just a thought that might get the neighbour to leave you alone. 

I have been told to go away (or other such phrase) and die before but this one is new to me.

Generally, as you are paying, solicitors may write letters that you ask  but I feel this one might be going to far!

😜 gotta love auto correct and not re-reading what you’ve written! (Can still hear my English teacher moaning at me for this, and that was a long time ago….).  But I guess it’s one approach to try, but you’re right maybe a little extreme in this case. 😂 

Dantheman_3141

bobster2 said:

Dantheman_3141 said:

The disputed land has been in our use since we moved here in 2012. So legally we can gain prescriptive rights to the land as advised by our surveyor as it’s been over 12 years. 

We want to hire solicitors to gain rights over the land but we want to pay out of our own pockets to initiate the case then see what happens if the neighbour backs off. 

But still I wish the local authorities could take action against the neighbour’s behaviour towards us. Even the other neighbours are getting fed up with him as well. 

Err...hang on...I thought you said you were sure it already belonged to you? But now you're saying it doesn't and you want to acquire it through adverse possession??? This would only be relevant if you currently do not own it - and are using it without the owner's consent.

In any case I think you're mixing up prescriptive rights (e.g. rights of way) vs adverse possession (taking ownership).

Back when the surveyor did his surveying of the land in August 2023. I rang a few solicitors and asked them about gaining prescriptive rights to the land and one of them asked me to wait a bit longer after the 12th year of you living at the address. I also sent them the report and they were happy with the report and said that by looking at the property lines. The land cannot be your neighbours land. 

Not sure why they said that if I clearly said prescriptive rights not adverse possession. 

bobster2

Dantheman_3141 said:

bobster2 said:

Dantheman_3141 said:

The disputed land has been in our use since we moved here in 2012. So legally we can gain prescriptive rights to the land as advised by our surveyor as it’s been over 12 years. 

We want to hire solicitors to gain rights over the land but we want to pay out of our own pockets to initiate the case then see what happens if the neighbour backs off. 

But still I wish the local authorities could take action against the neighbour’s behaviour towards us. Even the other neighbours are getting fed up with him as well. 

Err...hang on...I thought you said you were sure it already belonged to you? But now you're saying it doesn't and you want to acquire it through adverse possession??? This would only be relevant if you currently do not own it - and are using it without the owner's consent.

In any case I think you're mixing up prescriptive rights (e.g. rights of way) vs adverse possession (taking ownership).

Back when the surveyor did his surveying of the land in August 2023. I rang a few solicitors and asked them about gaining prescriptive rights to the land and one of them asked me to wait a bit longer after the 12th year of you living at the address. I also sent them the report and they were happy with the report and said that by looking at the property lines. The land cannot be your neighbours land. 

Not sure why they said that if I clearly said prescriptive rights not adverse possession. 

To demonstrate adverse possession you need to demonstrate "factual possession" i.e. exclusive physical custody of the land. If it's not fenced off and your neighbour is wandering all over this patch of land putting stuff there - you probably don't have "factual possession".

But in any case - if you think you own it anyway - you don't need to claim adverse possession - it's already yours. Indeed by making a claim of adverse possession you would be saying that your neighbour did in fact own this land.

If you do in fact own it - putting your bins there may help you defend against a claim of adverse possession by your neighbour!

sheramber

The solicitor's letter in 2021 means you have not used the land without objection for 12 years.

His conclusion was that the neighbours deeds shows he is responsible for the private access way as his property is the first property at the opening of the private access way and his conclusions were that his deeds have been drawn incorrectly and does not match to the OS Map and the builder’s original drawing plans when the houses in my street were constructed. 

Does that mean that your neighbour's deed show him as owning the piece of land.

As your neighbour has not accepted the position you cannot assume he does not still object. His behaviour would indicate that he does still object and is behaving as he does because of the boundary dispute.

if you both own your houses what involvement does the council have?

Dantheman_3141

sheramber said:

The solicitor's letter in 2021 means you have not used the land without objection for 12 years.

His conclusion was that the neighbours deeds shows he is responsible for the private access way as his property is the first property at the opening of the private access way and his conclusions were that his deeds have been drawn incorrectly and does not match to the OS Map and the builder’s original drawing plans when the houses in my street were constructed. 

Does that mean that your neighbour's deed show him as owning the piece of land.

As your neighbour has not accepted the position you cannot assume he does not still object. His behaviour would indicate that he does still object and is behaving as he does because of the boundary dispute.

if you both own your houses what involvement does the council have?

The involvement that the council has that despite the community resolution order that the police served to him for driving past us and stinking his fingers at us. He still kept on using inappropriate languages towards us then the council issued him a community protection notice. 

Then one of the other neighbours who is the only friend he is has on the street which no one also liked because he is another self entitled **** assaulted me because he was sticking up for the neighbour and threatened to kill me. Then the police cautioned the guy who assaulted me and offered a community resolution order against him then the police gave a last warning to nuisance neighbour who claims it’s his land. 

We also informed our mp and they contacted the council and a member of the council visited the nuisance neighbour and said the same thing.  Then the mp sent me a letter and an attached letter from the council saying that that neighbour has been warned and advised to not to make any contact with us (meaning me and family). But he has started again. He started to film my house on his mobile phone and keeps measuring my wall and gate for no reason. And he drives past my house really slowly and keeps looking at the land as he is driving past my house towards his house. 

I even told the council could you warn him because I am worried that if he is doing that whilst I am out of my house throwing rubbish in the bins, going to my car or sweeping up my driveway. I do not want to get involved with any confrontation with him if I tell him to go away and stop filming us. But seriously this guy has gone absolutely cuckoo. He even drove past my house in his car and filmed our house on his mobile phone with both hands before his car came to a stop. Meaning neither hands weren’t on the steering wheel. Plus he was even parked stationary whilst he was filming on his mobile phone. Which I believe could be illegal. 

Myci85

Sounds like he's doing his best to antagonise you and getting exactly the reaction he wants. He knows he's getting under your skin. Ignore him. Or give him a friendly smile and a wave next time he's filming/ watching the house whilst going past. Give him the impression you couldn't care less. 

Dantheman_3141

bobster2 said:

Dantheman_3141 said:

bobster2 said:

Dantheman_3141 said:

The disputed land has been in our use since we moved here in 2012. So legally we can gain prescriptive rights to the land as advised by our surveyor as it’s been over 12 years. 

We want to hire solicitors to gain rights over the land but we want to pay out of our own pockets to initiate the case then see what happens if the neighbour backs off. 

But still I wish the local authorities could take action against the neighbour’s behaviour towards us. Even the other neighbours are getting fed up with him as well. 

Err...hang on...I thought you said you were sure it already belonged to you? But now you're saying it doesn't and you want to acquire it through adverse possession??? This would only be relevant if you currently do not own it - and are using it without the owner's consent.

In any case I think you're mixing up prescriptive rights (e.g. rights of way) vs adverse possession (taking ownership).

Back when the surveyor did his surveying of the land in August 2023. I rang a few solicitors and asked them about gaining prescriptive rights to the land and one of them asked me to wait a bit longer after the 12th year of you living at the address. I also sent them the report and they were happy with the report and said that by looking at the property lines. The land cannot be your neighbours land. 

Not sure why they said that if I clearly said prescriptive rights not adverse possession. 

To demonstrate adverse possession you need to demonstrate "factual possession" i.e. exclusive physical custody of the land. If it's not fenced off and your neighbour is wandering all over this patch of land putting stuff there - you probably don't have "factual possession".

But in any case - if you think you own it anyway - you don't need to claim adverse possession - it's already yours. Indeed by making a claim of adverse possession you would be saying that your neighbour did in fact own this land.

If you do in fact own it - putting your bins there may help you defend against a claim of adverse possession by your neighbour!

What about the following to help with adverse possession? I have other pieces of evidence to claim adverse possession.

1) The previous owner of my property had had slate stone chipping’s placed on the strip of land next to my property. We use to weed it since 2012 when we bought the property because weeds use to grow out of the shale stone chipping’s every year. Plus the neighbours on our street are willing to write a witness statement to prove this because sometimes they use to come over and talk to us when we use to do the weeding and sweeping up the dead leaves during autumn. 

2) In 2016 we placed blocked paving bricks on the strip of land which we paid for. Plus the guy who use to own the nuisance neighbours house before he moved in 2018 out never complained and came and said to us how nice the block paving looks. 

3) Our manhole drain that serves our property only is on the strip of land 


4) The drains below the guttering on the side of my house than runs along strip of land are on the strip of land 


5) The gate at the rear of my property is right next to the strip of land. So once you walk out of the gate. Your foot lands straight on the strip of land.