How to Settle a Boundary Dispute
Discussion
Whilst conducting a Landlord's inspection of a rental property, it came to my attention, that trees on one side of the my property's boundary, had been felled. The boundary's fence had also been removed, and new turf laid inside my property's boundary.
Presently there are two concrete posts at each end of the boundary line, with the new turf laid inside the boundary, my concerns are that the neighbour when erecting a new fence, will encroach on to my land.
I am really cheesed off with the neighbour's arrogance (not spoken yet), and whilst I have measured out where the boundary line should be, I really don't want to incur unnecessary professional costs, solicitors, surveyor etc. etc.
The felling of my property's trees is one issue i need to address, and this if no agreement is reached with the neighbour, i could possibly take action through the small claims court. What DIY legal action can one take with a neighbour, contractor erecting a fence over a boundary line.
Presently there are two concrete posts at each end of the boundary line, with the new turf laid inside the boundary, my concerns are that the neighbour when erecting a new fence, will encroach on to my land.
I am really cheesed off with the neighbour's arrogance (not spoken yet), and whilst I have measured out where the boundary line should be, I really don't want to incur unnecessary professional costs, solicitors, surveyor etc. etc.
The felling of my property's trees is one issue i need to address, and this if no agreement is reached with the neighbour, i could possibly take action through the small claims court. What DIY legal action can one take with a neighbour, contractor erecting a fence over a boundary line.
I would want to know why you werent approached by said neighbour about trees and if he has felled them for no reason other than he didnt like them, then I would be billing him for some trees of roughly the same size and wipe the smug grin off their face by wanting like for like when asking for replacement trees.
Wings said:
Whilst conducting a Landlord's inspection of a rental property, it came to my attention, that trees on one side of the my property's boundary, had been felled. The boundary's fence had also been removed, and new turf laid inside my property's boundary.
Presently there are two concrete posts at each end of the boundary line, with the new turf laid inside the boundary, my concerns are that the neighbour when erecting a new fence, will encroach on to my land.
I am really cheesed off with the neighbour's arrogance (not spoken yet), and whilst I have measured out where the boundary line should be, I really don't want to incur unnecessary professional costs, solicitors, surveyor etc. etc.
The felling of my property's trees is one issue i need to address, and this if no agreement is reached with the neighbour, i could possibly take action through the small claims court. What DIY legal action can one take with a neighbour, contractor erecting a fence over a boundary line.
There was a case a while ago about trees being felled and if I recall the bill went to £100k for reinstatement (legal + mature trees) - that the neighbour had to pay.Presently there are two concrete posts at each end of the boundary line, with the new turf laid inside the boundary, my concerns are that the neighbour when erecting a new fence, will encroach on to my land.
I am really cheesed off with the neighbour's arrogance (not spoken yet), and whilst I have measured out where the boundary line should be, I really don't want to incur unnecessary professional costs, solicitors, surveyor etc. etc.
The felling of my property's trees is one issue i need to address, and this if no agreement is reached with the neighbour, i could possibly take action through the small claims court. What DIY legal action can one take with a neighbour, contractor erecting a fence over a boundary line.
catman said:
Du1point8 said:
Wonder if the neighbour will go down the route of.... the tenants said it was ok to fell them and put a new fence in.
What the Tenants said is irrelevant. They don't own the property.Tim
What if the neighbour popped round and asked the tenants "do you mind if I cut these trees down?". Who then answered "yes"...?
Is the neighbour liable because they should have asked to see the title deeds to the property and establish clear ownership, or is the tenant liable for overstepping the bounds of their tenancy agreement?
Zetec-S said:
catman said:
Du1point8 said:
Wonder if the neighbour will go down the route of.... the tenants said it was ok to fell them and put a new fence in.
What the Tenants said is irrelevant. They don't own the property.Tim
What if the neighbour popped round and asked the tenants "do you mind if I cut these trees down?". Who then answered "yes"...?
Is the neighbour liable because they should have asked to see the title deeds to the property and establish clear ownership, or is the tenant liable for overstepping the bounds of their tenancy agreement?
Zetec-S said:
Perhaps...
What if the neighbour popped round and asked the tenants "do you mind if I cut these trees down?". Who then answered "yes"...?
Is the neighbour liable because they should have asked to see the title deeds to the property and establish clear ownership, or is the tenant liable for overstepping the bounds of their tenancy agreement?
All he has to do is ask “are you guys the owner”? If they say yes then can ask about tree else ask for landlord details so to ask him.What if the neighbour popped round and asked the tenants "do you mind if I cut these trees down?". Who then answered "yes"...?
Is the neighbour liable because they should have asked to see the title deeds to the property and establish clear ownership, or is the tenant liable for overstepping the bounds of their tenancy agreement?
Wings said:
Whilst conducting a Landlord's inspection of a rental property, it came to my attention, that trees on one side of the my property's boundary, had been felled. The boundary's fence had also been removed, and new turf laid inside my property's boundary.
Presently there are two concrete posts at each end of the boundary line, with the new turf laid inside the boundary, my concerns are that the neighbour when erecting a new fence, will encroach on to my land.
I am really cheesed off with the neighbour's arrogance (not spoken yet), and whilst I have measured out where the boundary line should be, I really don't want to incur unnecessary professional costs, solicitors, surveyor etc. etc.
The felling of my property's trees is one issue i need to address, and this if no agreement is reached with the neighbour, i could possibly take action through the small claims court. What DIY legal action can one take with a neighbour, contractor erecting a fence over a boundary line.
Is this not criminal damage to your property ? Presently there are two concrete posts at each end of the boundary line, with the new turf laid inside the boundary, my concerns are that the neighbour when erecting a new fence, will encroach on to my land.
I am really cheesed off with the neighbour's arrogance (not spoken yet), and whilst I have measured out where the boundary line should be, I really don't want to incur unnecessary professional costs, solicitors, surveyor etc. etc.
The felling of my property's trees is one issue i need to address, and this if no agreement is reached with the neighbour, i could possibly take action through the small claims court. What DIY legal action can one take with a neighbour, contractor erecting a fence over a boundary line.
Thanks for all of your replies, very much appreciated.
Today, after previously popping through the neighbour's letterbox my contact details, and having received no response from the neighbour, I decided to pay the neighbour a visit.
At that visit, the neighbour explained the trees were hard work, and then made an extraordinary claim, one I have not heard before during 12 years of being a leaseholder of the land, property, that he apparently owned the trees, and that the previous female leaseholder of my land, had requested he (the neighbour) planted the trees on her side of the boundary.
As to the ownership of the boundary fence, the neighbour was unsure who owned the fence.
The neighbour then stated he was unable to contact me before felling, removing the trees, since he did not have my contact details, he could have easily requested that information from my tenant, who he is extremely friendly with.
Decided not to be confrontational with the neighbour, past history of the neighbour requesting we cut back the trees, together with no previous claim of ownership from the neighbour, and the lack of contact prior to felling, removing trees and boundary fence, causes me even more concerns of a future boundary dispute.
I have decide to send a recorded letter to the neighbour, trespass, encroachment on to my land, and the illegal felling of long established trees on my land, together with the removal of the boundary fence. This will then be followed up by more regular visits to the property.
Today, after previously popping through the neighbour's letterbox my contact details, and having received no response from the neighbour, I decided to pay the neighbour a visit.
At that visit, the neighbour explained the trees were hard work, and then made an extraordinary claim, one I have not heard before during 12 years of being a leaseholder of the land, property, that he apparently owned the trees, and that the previous female leaseholder of my land, had requested he (the neighbour) planted the trees on her side of the boundary.
As to the ownership of the boundary fence, the neighbour was unsure who owned the fence.
The neighbour then stated he was unable to contact me before felling, removing the trees, since he did not have my contact details, he could have easily requested that information from my tenant, who he is extremely friendly with.
Decided not to be confrontational with the neighbour, past history of the neighbour requesting we cut back the trees, together with no previous claim of ownership from the neighbour, and the lack of contact prior to felling, removing trees and boundary fence, causes me even more concerns of a future boundary dispute.
I have decide to send a recorded letter to the neighbour, trespass, encroachment on to my land, and the illegal felling of long established trees on my land, together with the removal of the boundary fence. This will then be followed up by more regular visits to the property.
A very similar thing happened to my dad with a commercial property he owned (thread on here some years ago).
Residential neighbour chopped down established shrubs/trees and appropriated land.
Unfortunately if the neighbour is a cock there is very little you can do about it without legal action over a boundary dispute. This is likely to put you to significant expense - my dad spent £30k in solicitor, barrister and surveyor fees before he got to court.
Ultimately my dad won and got his costs paid but he did everything by the book and did his best to mediate the situation before it got to court.
You could try to nip it in the bud with the neighbour but make sure you keep written evidence of all attempts to resolve the situation - advise him in writing of your position at every turn.
It is far easier for him to assert criminal damage by you to his property than it is for you to assert boundary encroachment.
It’s a really crappy situation. Good luck with it.
Residential neighbour chopped down established shrubs/trees and appropriated land.
Unfortunately if the neighbour is a cock there is very little you can do about it without legal action over a boundary dispute. This is likely to put you to significant expense - my dad spent £30k in solicitor, barrister and surveyor fees before he got to court.
Ultimately my dad won and got his costs paid but he did everything by the book and did his best to mediate the situation before it got to court.
You could try to nip it in the bud with the neighbour but make sure you keep written evidence of all attempts to resolve the situation - advise him in writing of your position at every turn.
It is far easier for him to assert criminal damage by you to his property than it is for you to assert boundary encroachment.
It’s a really crappy situation. Good luck with it.
Thanks for the replies.
Just downloaded the information from HM Land Registry of the register of the title plan. In my property's case both the Freeholder's and the Leaseholder's/me details, and the neighbour's details. The information sets out my Lease information, the date (2000) and price I paid for the Lease, with the same details for the neighbour/freeholder's details. Although the neighbour only purchased the Freehold in 2012, he has been living at the property prior to when i purchased the leasehold.
Will this weekend draft a none confrontational recorded letter to the neighbour, meanwhile carrying out searches for name/s of previous occupants of my property, or their relatives etc.
Waiting for legal advice on whether it is for me to take legal action, or for the Freeholder of my leasehold property/land to.
Again thanks for your replies.
Just downloaded the information from HM Land Registry of the register of the title plan. In my property's case both the Freeholder's and the Leaseholder's/me details, and the neighbour's details. The information sets out my Lease information, the date (2000) and price I paid for the Lease, with the same details for the neighbour/freeholder's details. Although the neighbour only purchased the Freehold in 2012, he has been living at the property prior to when i purchased the leasehold.
Will this weekend draft a none confrontational recorded letter to the neighbour, meanwhile carrying out searches for name/s of previous occupants of my property, or their relatives etc.
Waiting for legal advice on whether it is for me to take legal action, or for the Freeholder of my leasehold property/land to.
Again thanks for your replies.
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