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Our back garden neighbor is developing a block of flats on…

Customer Question
Our back garden neighbor...

Our back garden neighbor is developing a block of flats on our land and has come onto our land numerous times as a trespass and the building has no encroached onto our land. How do I initially send him a letter seeking hime not to trespass. first.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Finally how do I register an interest in the property (Land Registry) as he has used access from my garden and part of the property is on my garden.

Lawyer's Assistant: Has anything been filed or reported?

We are in England

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What do you mean by filed and reported.

Submitted: 5 months ago.Category: UK Law
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Answered in 5 hours by:
11/24/2017
Solicitor: F E Smith, Solicitor replied 5 months ago
F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 10,401
Experience: 30 years in General Practice
Verified

Hello for clarification - you say its being built on your land and part of the property is in your garden? also the builders come onto your land to gain access? did you sell them this land?

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Customer reply replied 4 months ago
Part of the building is encroaching onto our land by about 12 inches.
We have never sold any land and there is no party wall agreement.
He has been on our property and we are co starkly having to throw contractors who leave tools and rubbish on the rear of our garden.
He has had his safety fencing on our land for months which we have only just pushed back when it was nearly 1.5m into our land.
Our bricks have been moved and the vegetable patch at the rear has been destroyed by this ####.
Customer reply replied 4 months ago
He claims his surveyor has written but we have never seen this. He thinks he can outspent us with lawyers.
Solicitor: F E Smith, Solicitor replied 4 months ago

We can give you the wording of the letter if you wish (there is an extra fee for writing letters) but we can’t do it on letterhead because we are not allowed to take users as clients.

Please read the full answer because the provisions with regard to trespass and trespass in respect of a building are different.

He is going to take more notice of a letter from a solicitor telling him of the dates when his trespassed on the land and telling him that if he does it again, you will immediately make an application to court for an injunction to prevent him coming onto the land, you will ask the court to put a penal notice (he will be arrested if he breaches the order) onto the injunction order and you will ask the court toward the costs of the order against him.

With regard to the encroachment, you cannot just stand by and watch the building go up and then take him to court. You need to make an emergency application to court for an injunction to compel him to stop building on that area which is on your land pending an investigation and a court hearing to decide whether it is indeed over the boundary or not.

If the building is in an advanced state of construction, you are unlikely to get the injunction although you can make an application to court for compensation/damages in respect of the loss of land.

You have a claim for the damage to your land and for the use of it.

He actually is allowed to come on to your land under the provisions of the Party Wall Act s1 (but he must give you notice) if he is building up to the actual junction of the boundary but he is still responsible for any damage. Here is the relevant section https://www.legislation.gov.uk/ukpga/1996/40/section/1

Until he has given you notice, then you are entitled to apply to court for an injunction to stop the work pending notice and pending an Award (agreement) from a Party Wall Surveyor as to what’s going to happen where when et cetera.

.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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Customer reply replied 4 months ago
Please let me have the wording for the letters.
The building is near complete but he is actually extremely threatening. The last major confrontation he nearly assaulted my wife and we had to call the police.
I have been trying to pursue a claim through the insurance but they refuse the claim citing a clause that was never informed that they do not cover boundary disputes within 180 days of the commencement of the policy. So I need to start this myself.
Solicitor: F E Smith, Solicitor replied 4 months ago

What are you looking to get him to do?

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F E Smith
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