Problem with a plot of land

[pinkchoccy]

Hi,

I wondered if anybody has any knowledge or advise that they can offer. We bought our house in December 1999 and we were thrilled to find out that it came with a parcel of land at the rear of our house. It is separate from our house but it is just outside of our garden in the backings. We had possessory title registered with land registry and now have absolute title which we did in 2010. the first homeowners of our home registered the land in 1967 and they sold the house in 1987. The land then came with the house with the next owners. So the land has been part of the house for 45 years. at the back of this plot there is an embankment that leads to a large parcel of land. The embankment has never run accross our boundary our ever effected our boundary. In 2010 the council sold the land that is down the embankment to a neighbour who lives at the very bottom of our road which is no where near our home. our road is a long road. one day out of the blue this neighbour after obtaining his land off the council knocked on at my house and started shouting that we were on his land and if we didn't take our fence down then he would. He did actually one day cut our fence down when we were out. We informed the police and he said that this neighbour denied it and he got away with it. the neighbour we found out wanted to sell the bit of land that is ours so that he could make an access point to this land down the embankment for a four by four vehicle. It was a selling point for the land.
Moving onto last year he did sell this land telling that the guy who bought it (another neighbour) that he could make access behind our land. This neighbour came on Sunday with 6 guys with still saws and cut my fence down and it was distressing. The wife of the neighbour squared up to me and said this will teach you for fucking with us!
I rang 999 at 10.45am and the police arrived at 2pm when it was all over. Luckily I filmed it. The police informed me that if i could prove the land was ours then they would arrest them for criminal damage. He said i should go to see a solicitor and have the measurements put onto the letter. Because of past troubles i had a solicitor in place who has my official land registry copies. He wrote me a letter stating the measurements taken from the official land registry copy and my fence was within my boundary. The neighbourhood police officer dealing with this would not accept my proof and informed me that these people were well in their rights to take it down because they felt that it was on there land. There is nothing I can do they will not be charged for criminal damage. it was also pointed out to us that when my dh approached the guy asking him why he was cutting our fence down. The guy ignored Dh so Dh grabbed his arm and said what are you cutting my fence down for and the guy ignored him still. That this was assault?????

These neighbours I don't know to say hello to, they live a few houses down so will be unaware what the plot ever looked like. How can they randomly do this, now after years? Why did the council not question it before??

[filingdrivesmemad]

People do all sorts, I think you're best not trying to work out why or when, but get your solicitor to write a really stiff letter to the neighbours who last cut down the fence. The neighbours are now aware you claim the fence and land because you called in the police, and you have already proved you will not be pushed around (by calling the police) so you are halfway there at the very least.

We had a similarish problem, and my dp put metal rods on the inside of the fence so any one trying to cut it down would wreck their chainsaw .

Try not to worry about it, your solicitor's letter should put paid to it. There is nothing the neighbours can do about it, you own the land and they are stuffed. You could put up a security camera (or fake) as well if you think they are going to try again, but I can't see why they should.

[pinkchoccy]

Hi filing,

thanks for your reply, its just that if we do put up the fence again they said they will be straight up to cut it down. They are really arrogant bully type people .

[filingdrivesmemad]

Hi
Your solicitor will tell them what will happen if they do any future damage - injunction etc, costs to be borne by them. Police will take notice of court injunctions. Yes it will cost you a bit as well, (solicitor will tell you how much) but WELL worth it. What price peace of mind! You are the ones in a strong position here. Their argument should be with the people who sold to them. That will teach the original neighbours not to fuck with you!

Evidence - Take photos of the new fence and any previous damage. Write down everything that has been said and done by everyone, so far, whilst you can remember it, and if there is any more trouble keep a diary, with dates, recording it all by photos and security camera and your own notes. If you ever involve the police again, make sure you get a case number and the officer's name.

(I bought a Dictaphone thingy and carried it in my pocket switched on every time I went near my fence and thought there might be a confrontation, for 6 months, I never had to use it though, I was worrying unnecessarily, but it made me feel prepared, it wouldn't be evidence for court, but would be persuasive evidence for police.. And I kept my camera in the kitchen and used to run with it every time I heard the neighbour start up his chainsaw.....I would have had a LOT more peace of mind if I'd invested in a security camera and more importantly, if I'd got my solicitor to write a strong letter, I could have saved myself months and months of angst.).

A solicitor's letter is by far the best thing and should put it all to bed.

Take heart, I know it is very stressful, but right and the law is on your side.

[pinkchoccy]

Thank you filing I have started the process today :)

[Greenkit]

Sounds horrendous, good luck

[MellowAutumn]

I would also ask to speak to a senior officer in your local station - take your evidence and demand that they do something. they have not rights to cut down any fencing just because they feel its their right - it is criminal damage and the faux 'it might be assault' is just a local officer who doesn't know enough law and/or can't be arssed!

[pinkchoccy]

I have complained and spoke to the sergeant and he is having none of it. I thought it would be possible. Maybe I need to take it further. Thanks mellow.

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