"Fees" ???
Author
Discussion

f1rob

Original Poster:

317 posts

205 months

Monday 1st November 2021
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Bit of a strange one an wondering if anyone can help ?
My current house is one I built on a plot of land my father owned an I have known the plot of land all my life and too my knowledge the boundaries have never changed.
Out of the blue on Saturday I had a letter from the local land agent acting for the local farmer about encroachment
No details were given but a map was enclosed showing the boundary for a small part of land at the back of the plot being 5 to 6ft inboard of where it is now an always has been from memory.
The letter goes on to say since the hedge has been there so long they will sell me the land for £1 plus "fees"
Now part of me thinks just buy it for an easy life but what's the general cost of the fees involved ??
I don't want to ask the land agent as I'm thinking if I take their offer up it's admitting guilt almost.
I have ordered a plan from the land registry and have photos from 1991 ish that show the fence where it is now

Jeremy-75qq8

1,749 posts

121 months

Monday 1st November 2021
quotequote all
Assuming they do indeed own it! At a guess they are selling and seeking to regularise something ?

The fees will be their costs. For a lawyer to act on this I would have a guess of £500 - £1000.

They will split the title so their land is the big bit plus yours, and the sell the small bit to you which will exist on a separate title.

If you ask nicely the lawyer they may act for both parties given the consideration is nominal. some will some wont.

paintman

7,860 posts

219 months

Monday 1st November 2021
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No idea what the position is but I've seen 'adverse possession' come up a few times on this sort of thing so is this something that would apply?

surveyor

18,689 posts

213 months

Monday 1st November 2021
quotequote all
Adverse possession may not now be an open avenue as farmer has noticed.

Just ask what the fees will be. Will be his legal costs, and his land agent may be after a few hundred.

I would have thought that by the time you have dicked about with adverse possession, even if it is still open to you, to do it as the farmer suggests is a no brainer.

caziques

2,842 posts

197 months

Tuesday 2nd November 2021
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Just suppose the OP agrees to pay a pound plus "fees", and then the farmer turns round and ups the price to a few thousand?

I would be asking for absolute proof before agreeing to anything.

Pit Pony

11,246 posts

150 months

Tuesday 2nd November 2021
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I'd go further.
Respond that there is no dispute over the position of the fence, and if the farmer wants to pour his money down.the drain, they are welcome to challenge the position in court.
But you'd be happy to pay £10k for an additional 30 foot added to your garden, to include legal fees.

Which farmer wouldn't take cash now ?

f1rob

Original Poster:

317 posts

205 months

Tuesday 2nd November 2021
quotequote all
This particular farmer is probably worth North of 100 million
"Family" is worth over 1 billion !
It's all rather petty, I have heard of adverse possession but I'm pretty sure my boundary is where it should be and always has been

surveyor

18,689 posts

213 months

Tuesday 2nd November 2021
quotequote all
f1rob said:
This particular farmer is probably worth North of 100 million
"Family" is worth over 1 billion !
It's all rather petty, I have heard of adverse possession but I'm pretty sure my boundary is where it should be and always has been
This is rather harder work than it should be.

Check your registration plan for yourself with land registry. If it’s fine then no problem.

If it’s not, then you have a problem and the farmer has suggested a pragmatic certain and relatively cheap way of sorting it.

You could if feeling cheeky suggest each pays their own legal costs. I’d tell you to bugger off if it was my land you or a previous owner had adopted but perhaps he will be a nicer person. Or may decide he wants to make some money himself after all.

This is about regularising his ownership to ensure he owns his field, and not part of your garden! The latter sounds like hassle hence I dare say his £1 offer

skeeterm5

4,584 posts

217 months

Tuesday 2nd November 2021
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What proportion of your garden is it and do you actually want/need it?

One option is to say that the framer can have it back if he reinstates the fence in the correct place. No cost to you and issue solved.

elanfan

5,527 posts

256 months

Tuesday 2nd November 2021
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I’d be wondering why this has come up now after 30 years+.

Perhaps your farmer neighbour is selling a chunk of land for redevelopment and this is the fly in the ointment.

Volvolover

2,036 posts

70 months

Tuesday 2nd November 2021
quotequote all
elanfan said:
I’d be wondering why this has come up now after 30 years+.

Perhaps your farmer neighbour is selling a chunk of land for redevelopment and this is the fly in the ointment.
This

MustangGT

13,830 posts

309 months

Tuesday 2nd November 2021
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Do not do anything until you have the copy of the plans from the Land Registry. Dependent on what that shows you will then be able to form a plan of action.

Volvolover

2,036 posts

70 months

Tuesday 2nd November 2021
quotequote all
MustangGT said:
Do not do anything until you have the copy of the plans from the Land Registry. Dependent on what that shows you will then be able to form a plan of action.
Also this

And do some research on any planning applications or approved housing schemes or anything else that they might be trying to sneak in

surveyor

18,689 posts

213 months

Tuesday 2nd November 2021
quotequote all
Volvolover said:
MustangGT said:
Do not do anything until you have the copy of the plans from the Land Registry. Dependent on what that shows you will then be able to form a plan of action.
Also this

And do some research on any planning applications or approved housing schemes or anything else that they might be trying to sneak in
Question. What difference does it make?

Volvolover

2,036 posts

70 months

Tuesday 2nd November 2021
quotequote all
surveyor said:
Question. What difference does it make?
Probably none, but if it was me i'd always rather know things sooner rather than later

MustangGT

13,830 posts

309 months

Tuesday 2nd November 2021
quotequote all
surveyor said:
Volvolover said:
MustangGT said:
Do not do anything until you have the copy of the plans from the Land Registry. Dependent on what that shows you will then be able to form a plan of action.
Also this

And do some research on any planning applications or approved housing schemes or anything else that they might be trying to sneak in
Question. What difference does it make?
Quite simply, does LR show that 'disputed' piece of land as his, or the other persons? If it shows as his he can formulate a plan telling them to get lost etc. If not he can decide whether to make on offer to buy or simply move his fence.

surveyor

18,689 posts

213 months

Tuesday 2nd November 2021
quotequote all
MustangGT said:
surveyor said:
Volvolover said:
MustangGT said:
Do not do anything until you have the copy of the plans from the Land Registry. Dependent on what that shows you will then be able to form a plan of action.
Also this

And do some research on any planning applications or approved housing schemes or anything else that they might be trying to sneak in
Question. What difference does it make?
Quite simply, does LR show that 'disputed' piece of land as his, or the other persons? If it shows as his he can formulate a plan telling them to get lost etc. If not he can decide whether to make on offer to buy or simply move his fence.
Well yes. I suggested he got hold of the title plan a while ago. Before people suggested the farmer was going to demand thousands, despite asking for only £1!

e-honda

9,548 posts

175 months

Wednesday 3rd November 2021
quotequote all
f1rob said:
This particular farmer is probably worth North of 100 million
"Family" is worth over 1 billion !
It's all rather petty, I have heard of adverse possession but I'm pretty sure my boundary is where it should be and always has been
It sounds like the opposite of petty, sounds like they are effectively gifting you the land if you are willing to pay the fees.
Presumably they are intending to sell or do something with thier land and that bit having a potential ownership dispute could get in the way.