How I can prove ownership of my wall, land, and support the bank? My neighbor is claiming as his own.?
I had a survey detailed supporting my case, but threatening a court order if I do work on the wall, and also to call the police. I have invited him several times in writing, to meet and discuss with a lawyer, but he refuses. I have given copies of all my actions, plans, OS maps, as well as my studio. Its action is that I stop construction of which is contingent upon access. Any suggestions would be helpful is most needed – thanks!
First, no one here can give a specific answer. Assessing the legal limits can be very difficult and requires a thorough investigation of all available titles, plans and studies and, possibly, an inspection on the ground. You need to go see a lawyer. You may be able to agree a fixed price to take a look and give you their opinion. Not sure what you mean by 'stop you building that is subordinate access "even though it sounds as if you are being reasonable with your neighbor and if you are not providing any evidence to support their claims, then you might just being difficult. However, be careful of several things. First, you should not assume that the maps of land, OS maps and facts definitely show the border. Most are issued on the basis that they are for identification purposes only and therefore only give an indication overall border. Indeed, s.60 of the LRA 2002 specifically states only that. Exact legal limits can only be determined by mutual agreement, by the Court or the Land Registry Adjudicator (in a process known as the determination of the border). This document will give you more information http://www1.landregistry.gov.uk/assets/library/documents/public_guide_019.pdf Moreover, any assessment of the limits should take due account of the potential for adverse possession application, which requires a lawyer to make comments. Also be wary of the easements or rights of way which may be applicable. As threats from their neighbor, an injunction is very expensive to obtain and the burden of proof is on him to prove that one must be made and that is building on its property. With respect to their threat to call the police I can say from experience that unless some form of violence to property damage that it does not care and it is simply a civil matter. However, if you build or work on the wall, then the option may be available for him to sue for damages resulting from the violation. This will have to prove that the land on which he has built is his and that the violation is not de minimis. I can not stress enough how much you should go see an attorney experienced in such business, but if your lawyer agrees that you are on your right to work in the wall and then some of the options are these: 1. Engage in dialogue with neighbor to try to reach an agreement. 2. Apply to the Land Registry for the determination of the border by the judge. 3. Invite your neighbor to prove your claim to the area in dispute. 4. Ignore your neighbor and to work on the wall. If your lawyer agrees with you that you would be able to prove ownership in court and that their ownership is not subject to any further legal involvement may then request that option 4 is the best option. This would put the ball in their court and be neighbors with him to prove they were not entitled to work in the wall if so desired. Above all, try to remain civil with your neighbor. It's much better to resolve such conflict as far from a court as possible. You will be amazed at how expensive this type of case may be.
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