i HAVE A SLICE OF LAND APPROX 0.25 ACRES BEING FARMED WITHOUT PERMISSION FOR THE LAST 8 YEARS. I HAVE NO BOUNDARY FENCE, BUT THE PROPERTY HAS NEVER BEEN MARKED BY CONCRETE POSTS AS PER THE CONDITIONS OF SALE MARKED WITHIN THE DEEDS.THE FARMER HAS PROFITED FROM CROPS ON THAT LAND AND HAS REFUSED TO CEASE TRESPASS AND REPLACE THE LAND BACK TO PASTURE AS ONCE WAS. AM I ENTITLED TO DAMAGES AND COMPENSATION AND WHAT ACTION SHOULD BE TAKEN?
Province/Country relating to question : Lincolnshire UK
Asking the farmer to cease and desist trespass and marked the appropriate land as my own.
Thanks for your question. Please remember to click ACCEPT once you get my answer.Is it your land?
I own the title deeds yes, I am mortgaged if this has an impact. I am confident in court and wonder which next steps should be taken in addition.Injunction to prevent further trespass?Application to court for compensation for illegal use of land?
Has the farmer refused to give you back possession?If it was used for 8 years why now are you only considering action?
I have included a join of the deeds in question on a satellite image overlay for reference.The farmer has refused to give back possession.I believe he had an agreement with the previous owner to farm it but has failed to request my permissionPut simply, until i made this overlay, i was unaware i owned this land due to missing concrete posts that should have been erected by the seller in 1992. I made this overlay when a friend of the previous owner asked where my land had gone! When questioned it seems there was a static caravan parked to the NORTHEAST corner for years.the same seller is renting land to this farmer beyond my own property. the blue hatched areas are land being farmed without permissions.
You need to seek an order of possession from the Court.The cost of this is £175.Once you get an order for possession then you can get the land back with bailiffs.However you will not be able to claim for loss and damage because you are only brining action now.But you can claim for possession back from the farmer.But in law no, you are not entitled to damages.I am sorry if this is not necessarily the answer you are looking for but based on what you have said, this is the legal position. Please remember to click accept so that I am credited for my time. Thank you. Please remember to click accept so that I am credited for my time. Thank you.
may i ask why if he is only a tenant farmer trespassing why i need a court order to erect my own fence?im very happy with your answer but fail to understand why, with a case of :Star Energy UK Onshore Ltd (1) Star Energy Weald Basin Ltd (2) v BocardoWhere damages were given due to profit being made from the trespass why i am unable to apply for damages.
Because you have limitation against you.You should have brought a claim within 6 years. Please remember to click accept so that I am credited for my time. Thank you.
i only intend to claim damages for those last six years however. does that limitation still apply?will accept your answer shortly, thank you for your assistance, seems this may require appointment of a solicitor as its a little complex!
Yes you may need a Solicitor if you want to claim damages.You can claim for the last 6 years but not beyond.If you don't want to claim damages then you won't need a Solicitor. Please remember to click accept so that I am credited for my time. Thank you.
Called to the Bar in 2007
thank you, XXXXX XXXXX 6 year limit, happy with that. this isnt about money, but feel in the real picture i should be compensated.i appreciate your assistance. i have rated your answers and assistance appropriately!Nick
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