Boundary/Trespass issue - legal advice

[anonymous-user]

Morning PHers

One of my neighbours is effectively being 'legal bullied' by another neighbour with regard to a boundary dispute. The 'bully' is also a developer who has a reputation of threatening litigation for just about everything.

The tactics seem to start action and create a massive projected cost which they will claim and try and get the other party (who don't have a retained legal firm)to fold. Which is nice. Example being 'services of tree specialist £6,000'

Any recommendations for a good lawyer who specialises in land/boundary issues including litigation in the Guildford area?

Thanks

[Funk]

Many home insurance policies will come with legal cover for just this type of scenario. Mine has cover for up to £100k of legal expenses for example.

Get your neighbour to speak to his insurers and see what they can do to help.

[anonymous-user]

Funk said:

Many home insurance policies will come with legal cover for just this type of scenario. Mine has cover for up to £100k of legal expenses for example.

Get your neighbour to speak to his insurers and see what they can do to help.

Cheers - he doesn't have the cover unfortunately

[terry tibbs]

is it a tree issue as the example you gave??

or other boundary dispute

[Chrisgr31]

Lawyers I can think of in Guildford are Charles Russell and I think Clyde and Co, both likely to have the knowledge you require but at a cost! The developer may well use Charles Russell though if they are local.

Depending on exactly what the dispute is you may actually need a surveyor, if it is a case of identifying the boundary on the ground.

My inclination would be to check out the fees of well known firms against local guys, well known probably charge more, but they will probably have more experience with the issue and therefore offer more appropriate advice.

[anonymous-user]

Thanks for the replies guys.

It's an escalation from an access and boundary issue.

Developer owns land at the end of neighbour's plot. Neighbour's deeds state access across that land. He wanted to confirm that access and at the same time put up a wooden fence to replace the old wire one.

Developer is now claiming trespass and damage/removal of trees he claims were on his land.

Neighbour has clear measurement on deeds that shows his land as a certain length from front to back, and based on that, plus an original ditch&mound boundary, he put up the fence and cut trees inside of that.

Developers solicitor is now claiming there is an error in his deeds and/or measurement and/or there is a secret hidden strip of land and if he doesn't fold immediately then court with costs of over £100k.

There will be 2 sides to the issue and I only hear one of course. However the developer has 'form' with regard to boundaries e.g. trying to fence in common land, or move his boundary to take land of others. When challenged his first response is to threaten with lawyers.

I'll point neighbour in direction of firms mentioned above, I don't know who the developer has been using


thanks

[Wilmslowboy]

I can't help with local lawyers, however a word of warning for your friend

Here is a local story , two neighbours arguing over access to a ditch that borders their lands, so far £500k racked up in legal fees

http://www.bbc.co.uk/news/uk-england-manchester-30...

[James P]

wsurfa said:

Thanks for the replies guys.

It's an escalation from an access and boundary issue.

Developer owns land at the end of neighbour's plot. Neighbour's deeds state access across that land. He wanted to confirm that access and at the same time put up a wooden fence to replace the old wire one.

Developer is now claiming trespass and damage/removal of trees he claims were on his land.

Neighbour has clear measurement on deeds that shows his land as a certain length from front to back, and based on that, plus an original ditch&mound boundary, he put up the fence and cut trees inside of that.

Developers solicitor is now claiming there is an error in his deeds and/or measurement and/or there is a secret hidden strip of land and if he doesn't fold immediately then court with costs of over £100k.

There will be 2 sides to the issue and I only hear one of course. However the developer has 'form' with regard to boundaries e.g. trying to fence in common land, or move his boundary to take land of others. When challenged his first response is to threaten with lawyers.

I'll point neighbour in direction of firms mentioned above, I don't know who the developer has been using


thanks

If your neighbour does decide to go with Charles Russell and they have no conflict issues, I have no hesitation in recommending Peter Levaggi for property related litigation.

[andburg]

just for his own protection, before going further I would probably check that documentation he has stating boundaries and access matches that held on the land register currently.

[Rude-boy]

James P said:

If your neighbour does decide to go with Charles Russell and they have no conflict issues...

I have no names but have had them on the other side a few times on property transactions and they do seem to be one of the better outfits.

[nickydee]

Both good firms with the required expertise, both expensive but worth it in the right circumstances. However in first instance advice from a surveyor will be cheaper more useful and may achieve a quicker resolution, . It is surveyors not lawyers who will have to interpret the deed plans in conjunction with what's on the ground. After initial general advice which will have to be paid for I suspect any lawyer will simply recommend that a surveyor is instructed.

Mark Ingram at CMI Associates specialises in boundary disputes in the local area. I have successfully recommended him in the past to my clients.

Edited by nickydee on Thursday 11th December 18:51

[anonymous-user]

Thanks guys.