Land theft

[tamborine]

a neighbor has grubbed out a 15foot + hedgrow; destroying trees etc. and filled the land with hardcore & tarmac to increase a car park on his commercial plot.

Short of going to court, I would rather bill him for the land, as it's ruined now. He knows that land is mine etc.

The bill: How should I word it ?

[R1Geezer]

Consider a prosecution for criminal damage initially. You can't just Bill him you need him to agree to purchase, cover costs conveyancing etc. Alternatively just go and fence it off at your boundary, going right over the top of his tarmace etc. Then if he removesyour fence prosecute for criminal damage. Mak sure you are correct though.

[buildersmate]

You can't just send an invoice for land - but I suspect you already know this.

[tamborine]

tried that R1Geezer...he removes the fencing. For me to access the land would mean destroying the thin vein of hedgerow left, police & aggro. The cops do say it's a civil matter.

buildersmate....Y can't I just send a bill; he can always dispute it or reach a settlement.....at least that would open communication. I fear Courts dont appreciate the value of land, especially agricultural now commercialised.

It's stolen property (even the cops ignore that - with papers of proof). He continues with another field that's not mine (owner abroad).

[LoftyLottie]

Still no such thing as theft of land. It's not a criminal offence. However, if he has destroyed things on your land then it is criminal damage. Buildersmate and R1Geezer are both is correct. If you bill him it will mean nothing without a agreed contract of some sort to buy the land. If you want to open communications then just get a solicitors letter sent to him asking him to resinstate your land as it was otherwise court action will be taken. I presume you have spoken to him about it though.

[buildersmate]

Excellent advice.
Do you also appreciate, T, that the boundaries between two parcels of land are regarded as 'General Boundaries' by the Land Registry (unless the boundary has been determined exactly by a prescribed process called determining the Exact Boundaries). So boundaries are a common-law issue.
I don't doubt you are right in what you say - and that 'true' boundary (which would be upheld if it went to court) will probably be determined as the centre of the hedge.

[tamborine]

We have spoken....the cops came round this week to inform me I should now communicate with his d'ters bf on their mobile - am really annoyed with cops taking their side simply because they 'run a business' (on my land).....spit!

[tamborine]

buildersmate...the hedgerow issue was solved b4 he purchased/developed his site, he is aware of the legality of ownership.

[LoftyLottie]

Unless a fence or other boundary has been in place on his side of the hedge. for a certain amount of time which has been accepted as the boundary. Think it's ten years nowadays, but it's been complicated by new regulations. My neighbour said our boundary was the middle of our hedge which was actually located our side of a fence which had been in place for at least 30 years.

[LoftyLottie]

Then get a solicitors letter sent to him. Probably cost you about £70.00 and cause a lot less aggravation than you sending bills which are not valid. It doesn't have to progress to court, but a warning might well be enough.

[LoftyLottie]

My reply at 13.59 was just an add on to BM's comment about centre of hedges being boundaries. No disrespect meant to BM.

[buildersmate]

No issues, LL.
As you realise I have far more important business in another section this afternoon.

[tamborine]

thanx lofty.....will see solicitor next week to start things off. Our fencing was on both sides, he has removed both sides.

Shame about the bill - s'pose I will be the one with a bill :(

[CSG2306]

Hi, it seems that you are asking for advice and not prepared to take it.

This must be settled legally, If you decide to sell your house in the furure this will come out in the open and could cause problems with the potential buyer.

You must consult a solicitor and let him deel with this, otherwise you will have to pay the consequences at a later date.

[LoftyLottie]

LOL BM. By the way, do you remember my problem? - my neighbour is still insisting we have 'stolen' his garden. He is now on his third solicitor. He's a total nutcase. Why did he have to come and live next door to us!!

The Editor is now dealing with that important business. ;o)

[LoftyLottie]

Good luck Tambo. As I know, it's easy to get angry and go down the wrong route. You have to keep level headed about this. It may well take a long time to get sorted, but doing anything rash won't help you.

[Iggle Piggle]

make certain of your boundaries, deeds/ land registry etc, then ask for about a ton of manure to be delivered to your piece of land ( the bit in question).
This could upset his business and I don't think you will have done anything wrong.
(Just make sure it's not piled high enough to slip, or be washed onto his genuine land by the rain etc).
Rusting hulks of scrap cars are a less revolting alternative.....

what does the business do?

[tamborine]

its a garden centre....the h'row is 15'+ deep along 22acres; it was full of chestnut/cherry/cobs/crab apples/greengages - a real loss. I have appointment with solicitor on Monday - am so fed up with Courts as have spent last 3y in them.

[Hymie]

To add to what others have said – some neighbours engaged in boundary disputes have spent hundreds of thousands on legal fees – not necessarily being successful.

I have the land registry plots for my house & garden, which are supposed to show the ‘legal’ boundary of the property. Reproduced A4 size, the boundary line is over 10mm thick – it would be no exaggeration to say that at life size, the thickness of this line would be well over 1 metre. In theory, the legal boundary could lie anywhere within this 1 metre line.

My house is an end terrace – in reality, I would expect a court to up-hold the location of the boundary fence on three sides of my property. With regards the precise location of the boundary between my neighbours property, is it somewhat easier than some to determine this, since the property is a staggered terrace – and one need only extend the brick line of the house to locate the precise division.

That said, should either side relocate the dividing fence – then after a number of years, this would legally become the boundary, indicating who owns what space/land.

Therefore as others have said, you need to get legal resolution of this matter – but it is by no means a simple task.

[tamborine]

saw solicitor: he says it's trespass and that they can only claim ownership after 12y. He thinks its too early to act and wants to leave it for longer for a good 'negotiable settlement' or Court action :(

[society]

Tambo, I disagree with the solicitor saying to wait for more time to pass before taking action; I think if the land is rightfully yours then you shouldn't have to wait to claim ownership.