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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have an issue with a developer who has taken our land in

Resolved Question:

We have an issue with a developer who has taken our land in order to gain planning for a development which he has now completed. We originally owned the property he has now developed but we retained a section of land to the rear of the house for the future. He has now built another house on the side of the original house and in order to gain planning he needed a bigger piece of land which he has taken from us. The land is still in our name with the Land Registry so clearly it is still in our ownership. He has taken down our boundary fence and split the garden in half giving each house a garden. We are intending to reinstate the boundary fence and claim back our land which would mean that his planning should not have been given and therefore he will be unable to sell the houses on.

Can you please give me some advice in this matter.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply. !
Alex Watts : In short he is on your land, have I understood correct please?
Customer:

Hello, sorry for my delay in replying. Yes he has claimed my land and garage, taken down my boundary fence, changed locks on the garage. We went to site yesterday to re-instate the boundary fence which we did and requested he contact us, but he has not made any contact. At the moment we are unable to get onto our land or enter our garage unless we damage his fence to do so. We have made contact with the police to report criminal damage and theft and are due to give a statement shortly. I would mention that the land and garage are in Kent and we are in Gloucestershire.

Alex Watts : I see. Planners don't check to see who owns the land, so the council are not rwaponsible.
Alex Watts : If he does not contact you or does not allow you to reinstate the land you would need to ask a solicitor to write to him and ask for the land back, or say you will issue court proceedings, this may do the trick.
Alex Watts : If not sadly you will have to issue proceedings and go to court.
Alex Watts : What you would seek is a declaration from a judge about where the true boundary line is.
Alex Watts : Clearly there is a cost to that so ideally you want to resolve this before court. A judge would look at your deeds, get a surveyor report and then declare where the line is,
Alex Watts : But if you have the deeds then the land is and always will be yours.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you for your help in this matter, I feel I have a battle ahead.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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