Mazda Rotary Club

General => Rotary and General Chit-Chat => Topic started by: adib on January 29, 2012, 08:20:25 PM

Title: land dispute with new neighbours
Post by: adib on January 29, 2012, 08:20:25 PM
hi, my new neighbour moved in 2 months ago and was ok at first. till 2 weeks ago she was behind my work shop, when ask what she was doing there she said it was her land and i was to remove my mrk3 cortina parts i had on there :2Mad
so went to see solicitor and they sent her a letter to stay off the land till she has proven its her land. so this saturday went up to my work shop and went to go out off the back door on to the land and she has had brick wall put up to stop me getting out there :Grrr
and my mrk3 parts have gone as well. Any body know where i stand on this.
thanks
Title: land dispute with new neighbours
Post by: johnf on January 29, 2012, 08:34:06 PM
I\'m no expert but you should have some deeds somewhere, perhaps the bank or building society.

These will show you property boundaries.

Things like -theft and trespass spring to mind.

Good luck
Title: land dispute with new neighbours
Post by: adib on January 29, 2012, 08:59:46 PM
we  have the deeds dated 1935 and was resigned in 1985. But her title plans differ thats y she thinks its her land, so dont no what to do now as ive not got a load off money to keep getting solicitors involved, and have my engine to rebuild after tip came off :Grrr
Title: land dispute with new neighbours
Post by: adib on January 29, 2012, 09:00:31 PM
o thanks for your help john
Title: land dispute with new neighbours
Post by: m1tch on January 29, 2012, 09:02:34 PM
Get a boundry map (the most recent) and then check where the boundry ends.
Title: land dispute with new neighbours
Post by: adib on January 29, 2012, 09:12:33 PM
thanks m1ch where do i get one of them from
Title: land dispute with new neighbours
Post by: jetpilot on January 29, 2012, 09:13:04 PM
Land registry is your friend :) But sounds like a lengthy legal battle if her deeds say different to yours!
Title: land dispute with new neighbours
Post by: adib on January 29, 2012, 09:22:35 PM
have rang them and they are looking into y are deeds are different to her title plan, But she was told not to go on the land by are solicitors and now she has gone and put a wall up and police said if i remove it ill get in trouble for doing so , the land has been fence off as are land for at least 19 years and then she removed it just after she moved in
Title: land dispute with new neighbours
Post by: Brett on January 29, 2012, 09:27:06 PM
Have you contacted them, (politely) to ask where they moved the parts to?

There are two isues here:

Theft and the boundry dispute.
Title: land dispute with new neighbours
Post by: adib on January 29, 2012, 09:54:21 PM
no bret was told by police to let solicitor do that, and after finding out i could not get out on land to put fence back up, i went out the front to remove all the dead ivory off my front wall and while doing that she started to knock on her window and then came out to see what i was doing.
Title: land dispute with new neighbours
Post by: adib on January 29, 2012, 10:23:45 PM
o well rant over, best start to spend my rebuild money on solicitors :2Mad
Title: land dispute with new neighbours
Post by: L18M on January 29, 2012, 11:19:03 PM
cant help much but wish you good luck with this.
maybe worth contacting CAB (citizens advice bureau)
http://www.adviceguide.org.uk

i believe it free service? i not really looked into it but worth a try :)
once you win u can stick the brick wall up where the sun dont shine to the neighbours lol
Title: land dispute with new neighbours
Post by: jetpilot on January 30, 2012, 08:22:12 AM
Land registry should have all boundaries and borders on their records! They should be able to advise you of your best steps to take!
Title: land dispute with new neighbours
Post by: Spartacus on January 30, 2012, 09:30:38 AM
Isn\'t there a law that if you have looked after a bit of land and maintained it etc without dispute for some time it becomes yours?
Title: land dispute with new neighbours
Post by: AMH on January 30, 2012, 09:56:20 AM
Quote from: Spartacus;810208Isn\'t there a law that if you have looked after a bit of land and maintained it etc without dispute for some time it becomes yours?
Only if it\'s unregistered land.
Title: land dispute with new neighbours
Post by: Spartacus on January 30, 2012, 10:13:14 AM
Quote from: AMH;810210Only if it\'s unregistered land.

Ah, in that case have a look at some ordinance survey maps as that’s what the land registry use anyhow.
Title: land dispute with new neighbours
Post by: jetpilot on January 30, 2012, 10:16:37 AM
http://www.landregistryservices.com/property-boundaries/?gclid=CIWYv_vB960CFQELfAodqSeQvQ
Title: land dispute with new neighbours
Post by: Speedline Imports on January 30, 2012, 10:37:04 AM
Registered land can be taken, "squatters rights" if you can prove you have looked after and maintained unchallenged for 10+ years you can become the legal registered owner of it.
Title: land dispute with new neighbours
Post by: Grant Monkhouse on January 30, 2012, 11:52:32 AM
Can\'t advise much on this but at the end of the day she has stolen your stuff, simple. Ask her where it is and that you want it back, record the conversation too and if she hasn\'t still got it I would ring the police and get her arrested
Title: land dispute with new neighbours
Post by: AMH on January 30, 2012, 12:29:06 PM
Quote from: Spartacus;810212Ah, in that case have a look at some ordinance survey maps as that’s what the land registry use anyhow.
The land registry produce the Ordinance Survey maps, based on their records - they can\'t be relied on for boundary disputes.

Quote from: Speedline Imports;810216Registered land can be taken, "squatters rights" if you can prove you have looked after and maintained unchallenged for 10+ years you can become the legal registered owner of it.
That doesn\'t apply in this case for a number of reasons which I won\'t bore you with.

You need to get the title maps from the Land Registry for both properties - if they agree then there\'s your answer. If they don\'t (which appears to be the case as both parties are saying the land is on their title) then there is a formal process to go through. My Dad used to work for the Land Registry and this sort of thing happened all the time. Get hold of the plans and let us know what they say.

I\'m not sure where you stand regarding your stuff but I would tell her you want it back.
Title: land dispute with new neighbours
Post by: andrewrx7 on January 30, 2012, 12:42:02 PM
When we moved 18 months ago, we registered a small piece of land at the end of our place. It was fenced off and had been looked after by the last owner for 25years, but never registered to him (or registered to anyone on the Land Registry). When doing this, the solicitor told us that there is a 12year grace period, during which, someone can contest it and if they have the evidence to back up their claim to the land, then it goes back for review. After the 12 year period, with no contesting, it becomes yours regardless. Could a similar thing of happened with your situation? If your plans show it as your property but date back to the 30\'s, could someone else have laid claim to it many years ago, and with no contesting of the claim, then could it have been registered to the neighbours plot instead of yours? So your old plans may show it as yours, simply because they are old, but the ownership of it may have changed.
As above, check the Land Registry. Good luck with resolving it in an amicable way.
Title: land dispute with new neighbours
Post by: AMH on January 30, 2012, 01:08:50 PM
That is the process for unregistered land Andrew.

In this case both are registered so technically once a piece of land is registered onto a title it cannot be on another title - ie it should only be on one title. But mistakes do happen.
Title: land dispute with new neighbours
Post by: andrewrx7 on January 30, 2012, 02:46:14 PM
Quote from: AMH;810250That is the process for unregistered land Andrew.

In this case both are registered so technically once a piece of land is registered onto a title it cannot be on another title - ie it should only be on one title. But mistakes do happen.

OK, thanks for clarifying that. Wasn\'t sure if the process could also be used for registered land to.
Title: land dispute with new neighbours
Post by: B.Martin on January 30, 2012, 03:09:34 PM
Sounds a bit of a pain in the ass, hope you get it sorted mate.
Title: land dispute with new neighbours
Post by: adib on January 30, 2012, 07:46:51 PM
thanks for all your replies, im waiting for the most recent title deeds to come and go from there.
Title: land dispute with new neighbours
Post by: m1tch on January 30, 2012, 08:20:47 PM
As they are a new neibour I think it might be best to keep it civil else you will have an ongoing issue, just get the deeds and ask to chat to them about it, its not like you have been living there for years and disregarded the boundries etc
Title: land dispute with new neighbours
Post by: m1tch on January 30, 2012, 08:54:07 PM
Or.....

http://www.youtube.com/watch?v=UTduy7Qkvk8

FLAG :D
Title: land dispute with new neighbours
Post by: AMH on January 30, 2012, 09:30:40 PM
Quote from: adib;810324thanks for all your replies, im waiting for the most recent title deeds to come and go from there.
Make sure you get the plans for both titles. I\'m assuming as you went to your solicitor than the land is definitely on your title and as she\'s only just moved in next door then she would have checked hers too - so I\'m betting it\'s on both and there\'s been a c0ck up at the Land Reg.
Title: land dispute with new neighbours
Post by: Grant Monkhouse on January 30, 2012, 09:36:25 PM
Quote from: AMH;810353Make sure you get the plans for both titles. I\'m assuming as you went to your solicitor than the land is definitely on your title and as she\'s only just moved in next door then she would have checked hers too - so I\'m betting it\'s on both and there\'s been a c0ck up at the Land Reg.
tut tut, circumventing the swear filter is not acceptable:D:Thumbs-up:rollin
Title: land dispute with new neighbours
Post by: adib on January 30, 2012, 11:25:29 PM
lol m1ch and thanks for info amh and help, think ill just spend my money on my car and let her have the land.
Title: land dispute with new neighbours
Post by: AMH on January 31, 2012, 06:39:07 AM
Quote from: Grant Monkhouse;810354tut tut, circumventing the swear filter is not acceptable:D:Thumbs-up:rollin
Busted! :Giggle