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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I own a field next to a building site and the builder has taken

Resolved Question:

I own a field next to a building site and the builder has taken down boundary fence and entered my field with a digger and has scraped top soil off field and made a bund in field with rubble. He has replaced some of the topsoil but not to depth it was originally.He has also been running a dumper through my field which is due to be ploughed and sown with barley tramping the soil. This has all been done without my permission. Please advise
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name is XXXXX XXXXX I can help with this.

tdlawyer :

Have you tried to agree financial compensation and replacement of the soil to the correct depth please?

Customer:

I have not spoken to the builder yet as wanted some advise on how to tackle this as it seems he just pleases hisself and is a chancer and could you confirm trespassing rules to me please?

tdlawyer :

Trespassing is very simple - if he enters your land without your consent, that is a trespass.

tdlawyer :

This is actionable and you would be entitled to issue a suit in your local court.

tdlawyer :

The fact that he has removed topsoil is further evidence of his trespass.

Customer:

So then is it a case of taking photos and contacting a solicitor?

tdlawyer :

It depends what you want to achieve. If you just want to pursue compensation, you could do this on your own if you wanted to, the law is pretty simple. If, however, you wanted an injunction to prevent him doing this again, then I would suggest legal help because the procedures and law are more complicated.

Customer:

So you advise that we speak to the builder about compensation for the damage and replacing the fence but if he is not forthcoming with this then solicitors should be involved? Would it be worth contacting the police or would that be a waste of time?

tdlawyer :

The police would be a waste of time most likely, so yes, I would see where you get to with speaking to him - tell him you've been seeking views on the legal position, and then tell him that unless he agrees to replace the soil, promise not to do it again, and make appropriate financial compensation, then you will consider issuing court proceedings.

Customer:

Ok. Thank you for your advise

tdlawyer :

You are welcome. Is there anything more I can comment up for you about this?

Customer:

No I think that will do for just now. Many thanks

tdlawyer :

Do you mind if I ask whether you're happy with the service this morning please?

Customer:

Yes I am happy and will be happier if we manage to resolve it without having to contact solicitors and maybe even a court case

tdlawyer :

Great stuff. Thanks for your question, if you need to ask me anything more later, you're welcome, otherwise I hope you sort it quickly and have a great weekend.

Customer:

Thanks and you

tdlawyer :

Bye.

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