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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The boundary of my property is clearly marked on my deeds as

Resolved Question:

The boundary of my property is clearly marked on my deeds as being delineated by the "edge of cliff" A neighbor has built a structure on my land on my side ie above the edge of cliff. I have offered to rent him the space or possibly to sell him the space but he is refusing to do either. I explained that the land was clearly mine and that he may leave me with no choice other than to remove it. He responded by saying that any effort on my part to do so would result in legal action against me.
Can I go ahead and remove it? or would I definitely be acting illegally by doing so even if it is proven that it is my land
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Does he accept it is your land?

Alex

Customer: replied 1 year ago.
He does not accept it is my land instead he is claiming it is his land!
Customer: replied 1 year ago.
I have not sent him a copy of my title but could do so I guess.
Expert:  Ash replied 1 year ago.

You should get a survey done that way there will be a formal report which will show your claim. Send that to your neighbour and ask him to vacate within 7 days or say you will go to court.

If he refuses then you can't just renter the land you will need a court order for possession. Then you can apply to court and the court will list the matter for hearing.

You can rely on the surveyor report you have had done and can show the judge it's your land. If the court finds for you and he refuses to leave, then you can get bailiffs to evict from your land.

But get a survey done first and then apply for a court order.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
If he refuses then you can't just renter the landWhat is "renter" in your reply to me. I have access to my property other than through his, are you saying I can't disturb the structure he has put up (within my land) without a court order?
Customer: replied 1 year ago.
Apart from that, I think that just about covers it. Thank you. David.
Expert:  Ash replied 1 year ago.

Re-enter. That's what it means, you can't just re-enter the land. Ie reposses.

Does that clarify? Alex

Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
that's fine I will proceed from here, thanks for your help.