claiming back bit of land

[joannie10]

I am not sure how to approach this. I live in a flat that my sister used to own. It is a cottage flat and there is a small public area of ground owned by 16 flats - really just used as a drying area. When my sister lived there a guy who backed onto that drying area but did not have any claim to the land extended his garden by building a fence. He had a builder doing the work and my sister spoke to the builder to say he did not own the land and the work promptly stopped. That was about 10 years ago. I have owned the flat for 7 years now and have copy of deeds that show we do own this land. The guy himself has now built a fence again extending his own garden. None of the other 15 houses that have claim to this land seemed to have bothered to do anything about it. To be honest the land is not much use but the fact is it is ours and on our title deeds therefore he should either have left it alone or pay costs of some sort to have all our deeds changed. Rather than ignore and face problems if I try to sell I would like to deal with it but unsure how to. Although no fall out, none of the neighbours are particularly friendly. I am also a bit reluctant to go and speak to the man, I dont know of what kind of teperament he is. Am I best getting a lawyers letter to him, or is that an expensive thing to do? I am quite a shy person and on my own which is probably why I dont just go ahead and chap neighbours doors or speak to the man himself! thanks for any advice.

[bednobs]

imagine the boot was on the other foot, think how differently you would feel between either 1) your neighbour coming round for a friendly chat and sorting it all out over a cup of tea and2) a lawyrs letter landing on your doorstep out of the blue, threatening you (which is after all what it will say ie mover your fence or else)

[bednobs]

ps do you have a management company that deals with ground rent/maintenance for the flats? They might be able to help

[themas]

This man is trying to take advantage by getting hold of some land which he must know is not his. I don't think you should just leave it. If you have a management company for your block of flats then they should take it up. Otherwise you - and whichever of the other flat owners you can get to co-operate - should do so. You can point out to them that they (as well as you) will have problems if they come to sell as the land is on all their deeds but inspection will show it has been fenced off.

It would be best for any approach initially to be informal, but a solicitor's letter may be the only way of resolving it.

[joannie10]

thanks. We dont have a Management Company so I will just have to bite the bullet and be brave!! and make the approach myself.