Charge or Court

[tamborine]

Neighbour has developed my land into his commercial enterprise (as car park) without my agreement.

Can I make a financial cost for the loss of the land (have proved ownership to them) or must I go to Court to sue?

Ideally I would prefer my own applied value & put all in hands of debt-collectors. Can I do this?

[cassa333]

If it is yours and he has no right to be on it then you could either charge him rent, sell it to him or fence it off to stop his illegal use.

[tamborine]

I dont want it back as he has tarmaced it over. I would rather the money - can I estimate my own charge? Pass to debt collectors without Court cases?

Am not averse to him fighting me in Court but I don't want to initiate the action.

[bednobs]

perhaps you could come up with a price and talk to him and see if he'll pay it. I think you will need to use a solicitor for transferring the deeds

[cassa333]

Find out what the value is and offer him the land. If he won't pay you fence it off and see what happens.

What made him think he could tarmac over your land? Has he been using it for so long he 'forgot' he didn't own it? Or were you an abscent land owner and he thought he would get away with it?

[tamborine]

appropriated the land for last 2y (since OH died). I've inherited it & want recompense. Dont want back tained land of concrete.

Since it is now commercially used can I price my own charge.

[weekendwanda]

See a solicitor. It is the cheapest way in the long run.

[dzug]

You can't just decide what you want and take him to court/debt collectors for non-payment if you don't get it - particularly as it sounds that you want over the odds.

You need to negotiate a price with him. If you agree a price and he doesn't pay - that's debt collector territory.

If you can't agree a price you go to court to decide what that price will be.

You do need a solicitor if you don't know what you are doing

[tamborine]

thanx dzug...that's what I needed to know. Damn right - I want over the odds; it's no more than theft!

[cassa333]

But if he needs it then fence it off and he will see the value (that you put on it) of actualy owning the piece of land.

[themas]

You should start by contacting an estate agent who is experienced in valuing this type of land/property in your area. If you don't know any then contact RICS to get some names.

You should get a value from the agent & then you have a proper basis to negotiate from. The agent would, og course, negotiate for you if you wish. You will have to pay the agent a fee but should then be able to add that to the value - after all, it is entirely the fault of the trespasser that you are having to do this. Your legal costs should also be paid by them.

[tamborine]

thanx - some good ideas I will follow up. Have phoned the Council to try and save a mature oak tree that the tresspasser is damaging by installing an oil container that drains out to the oak roots......Council not interested "oaks not protected" they say. Sickening - the fuss Councils make if you want to lop a tree.

[themas]

If oil is seeping into the ground they b..... well ought to be interested! Have you tried Environmental Health? Or get a local Councillor involved.