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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I lease a 7 acres of land for my horses. I have recently

Resolved Question:

Hi, I lease a 7 acres of land for my horses. I have recently noticed that an owner of a house next to the land has erected a fence and effectively taken over approx 6' of my land. What I would like to know is, who is responsible for approaching this person, myself as the leaseholder or the landowner??

I would appreciate your comments asap. Many Thanks. XXXXX
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hello Liz,

 

Thanks for your question.


There is no strict legal process to decide who should approach him, it's more of a practical question. I would suggest that it would be more persuasive if both you and the freehold owner took action over the issue. It may be more likely to convince the owner of the adjoining property and it will ensure both you are your freehold owner are on the same page.

 

Try speaking informally to the owner encroaching and seeing if he is willing to comply, take along your evidence of the encroachment. If he does not accept it then write formally to him enclosing your evidence and requesting he cease the encroachment within 7 days.

 

In the final analysis it benefits the freehold owner because they would not wish to allow the encroacher any chance of claiming adverse possession over the land and for that reason they should join you in attempting to remove the encroachment.


If this has been useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6438
Experience: BA (Hons), PgDip, Practising Solicitor
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