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Absolutely spitting feathers


Dean Lofthouse
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Dean,

 

If you are selling the boundary does it matter if you fall out, as he will no longer be your neighbour?

 

Is it not the principle of what he has done?

Did he not initially say your logs delivered where to expensive and offer you £100 (on previous post)

Next thing you know he has tresspassed,caused damage and intent of theft?

Play the game hse,forestry comm,complain to local bobby keep your hands clean (play with tar it sticks to your fingers).

What would be his reaction if you had done the same ???

On a lighter note stick a couple of road killed badgers under them and add badger act in the mix

 

Let the powers that be become your champion

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He was constantly bartering and even tried to say I should go halves, I stood my ground and insisted. He then went on to say technically he was ok to fell the trees because the fence that he put up was on my side so the bit of land of mine on his side of the fence, he could technically claim squatters rights on.

 

What I recall is that one cannot steal land, one can gain land by looking after it for 10 years without paying any rent.

 

Squatters rights, again from the top of my head, also comes into play at ten years.

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The adverse possession (squatters rights) thing is bunkum

Firstly none of us owns any land. Technically it all belongs to the crown and we “land owners” only have “title” to the land.

In order to gain adverse possession (squatters rights) you need to have occupied the land to the exclusion of others for a decade or so (it varies for registered and unregistered land). You can’t just say to all and sundry, “that’s my land now”, you have to go to the LR to get title registered. If someone claims adverse possession on registered land the LR contact the registered owner and ask them if they wish to object. You simply object and that’s pretty much an end to the claim. It’s a little different for unregistered land but not to difficult to rebut a claim. So there goes the adverse possession issue.

 

Notwithstanding the adverse possession issue “Johnny Ice cream” still entered land he didn’t have title to and felled the trees. Even if he were successful in a claim for adverse possession now it won’t alter the fact that at the time he didn’t own the land.

 

The easy way to find out who has title to what and where boundaries lie (for registered land) is to download the title deeds from the Land Registry (LR) for a couple of quid a go. If you get the plan with it don’t expect sub meter GPS accuracy on the drawing. The LR won’t have anything to do with boundary disputes and you can’t scale the plan because a pencil line on a 1:2500 plan is about a foot wide on the ground depending how hard the draughtsman pressed on. All the LR will say is that a boundary is a line of “notional thickness”.

 

Yes. One has to go through due process, of course. No good just saying one is claiming land. :001_smile:

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  • 2 weeks later...

This is my first post on this forum, so expect me to get it wrong.

 

If your neighbour is a persistent nuisance, it might be a good idea to report the matter to the Police. Criminal damage is a crime, and although it probably would not be worth doing anything this time round, reporting it would at least help in the event something else were to happen. Likewise, maybe talking to the local Council's Anti-social behaviour Officer and perhaps registering the situation with them. Whatever you do, I would advise you make a note in your diary (the time and what was said etc) and note anything else that happens or is said between you from now on.

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  • 1 month later...

I still haven't concluded this matter.

 

I have emailed this my neighbour and given him seven days to conclude and either pay me for new trees or organise new trees himself, that was 5 days ago.

 

I'm going to give him till wednesday and then call the police to start the ball rolling for criminal damage.

 

The only thing that I may have cocked up is accepting part of the bill off him.

 

I sent him an invoice for replacing the trees £434 and £150 for the timber, he paid for the timber which he had already taken and still either has to buy the trees, plant and look after them or pay the balance and I'll buy and look after the trees. Nothing in writing.

 

That part aside, there's no getting away from the criminal damage side and using unqualified staff to fell trees.

 

We'll have to see what happens, but in for a penny, in for a pound, he needs to be taught a lesson

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I still haven't concluded this matter.

 

I have emailed this my neighbour and given him seven days to conclude and either pay me for new trees or organise new trees himself, that was 5 days ago.

 

I'm going to give him till wednesday and then call the police to start the ball rolling for criminal damage.

 

The only thing that I may have cocked up is accepting part of the bill off him.

 

I sent him an invoice for replacing the trees £434 and £150 for the timber, he paid for the timber which he had already taken and still either has to buy the trees, plant and look after them or pay the balance and I'll buy and look after the trees. Nothing in writing.

 

That part aside, there's no getting away from the criminal damage side and using unqualified staff to fell trees.

 

We'll have to see what happens, but in for a penny, in for a pound, he needs to be taught a lesson

Good luck with that. I think you're spot on. Hope it goes in your favour

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I hope it goes well but you may potentially have lost an advantage with the police because you have left it a while. Whether or not you are making progress in a civil manner doesn't change the "crime" of wilful damage [or whatever charge it comes under]. And because you left it it could be looked at somewhat spuriously.

 

If it goes to court then they will surely just use a halliwell reference to the tree. How much would the tree be valued at from that angle? Would it be ok or dysmal?

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