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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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how do i take legal action against a farmer who keeps mowing

Customer Question

how do i take legal action against a farmer who keeps mowing part of my ground(unto 60cm wide and 200m long ) adjacent to his field and says he disputes the boundary following my survey but ill take no steps to array out his own survey or allow me to put up a fence

Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi, thank you for your question, I will assist you with this.
I appreciate that this is frustrating for you especially as your neighbour seems unwilling to resolve this but is continuing to mow the area despite this dispute. But I would not recommend legal action - this should be undertaken only as a last resort. It is very costly and a very *****, *****e consuming process.
Boundaries can differ and vary over time - following agreements between neighbours, as a result of adverse possession etc.
There is also the difficulty that many people seek to rely on Land Registry plans, believing that these plans are drawn to specification and rely on them to move the boundary wall/fence to where they believe is the correct position. In fact Land Registry plans are usually (and most unhelpfully) drawn generally and are not intended to determine boundaries. There are thick lines separating the properties and therefore the boundary cannot be ascertained correctly.
If the surveyor did not produce a report specifically on the boundary, only when purchasing the property, I would suggest to your neighbour that you both agree and you will arrange an independent surveyor, who is specialised in boundaries to assist.
The Royal Institute of Chartered Surveyors (RICS) has a Neighbour Dispute Service. The details are:
t:(###) ###-####3806
f:(###) ###-####3802
e:***@******.***
The RICS Dispute Resolution Service (DRS) provides access to a specialist panel of expert RICS members with experience of resolving neighbourly boundary disputes. I would strongly recommend using a service such as this prior to litigation, even if you neighbour refuses to cooperate as it would give you satisfaction in knowing that if it has to go "legal" you have all the correct information.
I hope this assists. If you have any further question, please ask.
Kasare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for the detailed and excellent reply. I have already carried out my survey using a firm which specialises in boundaries and they have mapped out my boundary using gps technology and ordinance survey maps. I will ask neighbour to arrange an independent surveyor if they wish to

Expert:  Kasare replied 2 years ago.
I would recommend you call the RICS dispute resolution service in any event to see if they can offer any other advice.
Perhaps, if he refuses to obtain an independent survey, it would be beneficial in writing to your neighbour, providing a copy of your survey and advising that he should cease mowing this area immediately and advising that you will be erecting a fence. This should prompt a response (albeit this is the direct approach so the response may not be polite!). If you then build your fence and he causes any damage to it, this is criminal damage and you can contact the police.
Mediation is very useful in situations like this, but if the neighbour is refusing anything, then as a last resort it is litigation.

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