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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My neighbour has annexed the edge of my side of the boundary,

Resolved Question:

My neighbour has annexed the edge of my side of the boundary, to widen his drive. He had expressed his intention to do that and I told him that he could not and I gave him copies of photographs showing that the boundary had been in that original position for 23 years, at least, since my wife and I bought our house. The neighbour took no notice and simply removed part of the boundary fence (his fence) and preceeded to tarmac all his drive including my patch. What can I do, please?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify that you accept the fence belonged to him from what you say please?For teh avoidance of doubt, if the above is the case is your complaint that the neighbour has removed the fence and tarmaced up to the edge of where the fence used to occupy or is it that he has tarmaced beyond the point the fence previously occupied?Finally do you have copies of any correspondence between you on his proposal you refer to (when you showed photos) or was this exchanged verbally?
Customer: replied 2 years ago.

Thank you for your reply.

1 The fence does belong to my neighbour

2 The neighbour removed part of the fence (about 8 feet of it) leaving the gap. He then tarmaced beyond the point the fence previously occupied and against my brick pillar that supports my gate.

3 I have copies of two letter, the first of which included the pictures.

The complaint is that the neighbour has taken over part of my land (though only about eight inches) but this caused me a requirement to cover the gap with a fence that I constructed. I did attempt to replace the fence in its former position but my neighbour had it removed and warned me that any construction on or beyond the brick pillar would be removed - effectively banning me from taking back my strip of land.

I look forward to your comments, please. ***** *****

Expert:  Joshua replied 2 years ago.
Thank you. Finally have you served any form of notice on the neighbour regarding this after the work has been completed?
Customer: replied 2 years ago.

Nothing in writing, yet, but verbally I have informed him that the boundary will be corrected.

Expert:  Joshua replied 2 years ago.
Thanks. I am just working on a full reply and will post in a few minutes.
Expert:  Joshua replied 2 years ago.
Thank you for the above. The position is that your neighbour has, based on the evidence as it appears above, trespassed onto your land and occasioned damage to it by tarmacing the same.The first step is therefore to serve notice on your neighbour of his trespass and requiring him to remove the tarmac from your land and make good your land within say 20 days failing which you will seek quotes from third party contractors to do so and look to the neighbour for the cost. From there the next steps depend upon his response:1) if he replies and does not dispute that he has trespassed but that he will not pay for remediation to your land then you can simply proceed to claim monies from in the county court based on the quote you have received to make good your land and then having recovered monies use them to pay for the cost of the contractor carrying out the work. You can make such a claim by issuing a claim using the courts online issuing service: https://www.moneyclaim.gov.uk/web/mcol/welcome2) if he does not reply at all then you may also have to seek a declaration by the court that he has trespassed in addition to seeking the above damages. In order to do so you can would need to use the following form and would need to supply evidence of the trespass. The court may require a surveyors report in order to confirm the position of the boundary though may be satisfied with your title plan and the photos and correspondence you have. This is the form you would require to issue such an application:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=4243) Finally if you simply wish to establish the location of the boundary but not claim any monies for danages as above then you may consider using the Land Registry's boundary dispute resolution process. If you did there is nothing stopping you also claiming for damages afterwards though a court application can deal with both at the same time so is likely to be simpler.To use this service you need to instruct a surveyor to prepare a a very precise plan showing the exact line of the boundary in the surveyors opinion. The cost of this surveyor can either by covered by you or shared between you and your neighbour jointly and can in the case of agreement between you and your neighbour be prepared in accordance with your joint instructions. You will need to use a RICS qualified surveyor to draw up a plan. You then complete form DB (link below) and send to the Land Registry who will inspect the same and serve a notice on your neighbour offering him the opportunity to object to your proposals. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/390852/DB__web_friendly_PDF_.pdf If your neighbour agrees to this proposal your respective title deeds will be updated with precise measurements which are legally binding going forward and the plan updated to show the agreed new boundary line. If theneighbour were to object to the proposal then this would be treated as a a boundary dispute which can be determined by the Land Registry Adjudicator though from what you say this is not likely to be the case. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
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