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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69994
Experience:  Over 5 years in practice.
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Hi My solicitor is on holiday and I require urgent advise. A

Resolved Question:

Hi
My solicitor is on holiday and I require urgent advise.
A neighbour has built on my land I own 100% (I been this is correct as I have had it checked by my solicitor)
He has erected a concrete base with fencing around it.
I have asked neighbour twice to remove - he refuses.
Question : Can I remove the structure immediately and what do I do with the components of that structure ?
Thanks
Geoff Day
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Can you please explain exactly what the neighbour has done and what the purpose of this concrete base is please?

How far does this encroach/trespass onto your land?
Customer: replied 2 years ago.


Hi Jo


Thank you for reply.


we purchased a plot of land opposite our house for parking, 2 years ago from the Trustees of the Late Lord Gerard. This is registered on out Title the Trustees' Agents Bidwell's Cambridge are meticulously with every detail. We own the land 100 %.


The neighbour has encroached by 20m onto the land , adjacent to the highway placed a concrete base and erected fencing around the base.He did this work last Sunday whilst we were not at our property.


I approached him on Monday very nicely as we have been neighbours for 30years.I asked him to stop any further work -he replied it was his land and that he was putting his dustbins on the concrete base he has dug out. ( He has 20 acres he can put his dustbins )


 

Customer: replied 2 years ago.

Sorry forgot to say that this guy is Alpha male +++++ - a multi millionaire -


and will through money at legal cost like confetti

Expert:  Remus2004 replied 2 years ago.
There is nothing you can do about this in the short term until you have determined the extent of the land. The concrete is in place and the fence is in place.

It seems that your solicitor has told you that you own this land and someone (his solicitor?) has told him that he owns the land.

If you simply break the concrete up and remove the fence, he can allege criminal damage and he can do that until such time as ownership of the land is established.

You are going to have to ascertain ownership of the land and you cannot agree ownership between you, and the first thing to do is to go to court for the court to determine ownership.

In the short term, I would take whatever plans you have along with the letter from your solicitor (if you have one) confirming that you own this land.
20 m (over 60 feet) is a large chunk of land and therefore determining the boundary certainly within a couple of metres should not be difficult.

If you cannot come to an agreement between you, then you have no alternative but to go to court.

I'm sorry but I can't do anything about how much money he will waste on legal costs even if this is a no hoper for him

I'm sorry if this is bad news.

Can I clarify anything for you?
Customer: replied 2 years ago.

Hi Jo, no his solicitor has not told him he owns the land. He has not mentioned about any solicitor. 100% we own the land.


Thanks Geoff

Expert:  Remus2004 replied 2 years ago.
In that case, you are faced with applying to court for an injunction either to make him remove the concrete and the posts or if you want to carry on using them, simply for him to stop trespassing on the area.
Customer: replied 2 years ago.


Hi Jo


Thanks for your help , you have been brill .


I will keep you informed as we go along.


Thanks Geoff

Expert:  Remus2004 replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69994
Experience: Over 5 years in practice.
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