Hi, just joined, but i have a massive question. Have tried searching, but was so close, yet so far from finding the answer! Apologies if in wrong section.
Ok, here's some background -
The neighbour bought his property in 1984, we bought ours 1985. The boundary was marked by fences. there was no issue.
Around 1995-6, our house was flooded, fences washed away and were put in the wrong position (by us - stupidly).
In 2008, the neighbour was asked if we could have a piece of land back to build a greenhouse - originally, he said yes, but in consultation with a third neighbour, he changed his mind (Quote - Youre taking the p###).
Recently, we sent him a letter stating our intention to erect a fence along the true boundary, which we have done. He has kicked off about this, lying about seeking legal advice and claiming adverse possesion. The new fence covers the whole boundary, denying him access.
My question is - as we put up the 1995-6 fences (wrongly), does that then grant him license to use the land? This will negate the "adverse" part of his claim.
I have to add that he has not maintained the land, nor has he fenced it off for his own exclusive use. He has not attempted to register this land, therefore not showing "an intent to possess".
We are sick of his bullying tactics and are seriously contemplating having a judge decide on this matter for us as we have a massive amount of documentary evidence.
Cheers team!
Ok, here's some background -
The neighbour bought his property in 1984, we bought ours 1985. The boundary was marked by fences. there was no issue.
Around 1995-6, our house was flooded, fences washed away and were put in the wrong position (by us - stupidly).
In 2008, the neighbour was asked if we could have a piece of land back to build a greenhouse - originally, he said yes, but in consultation with a third neighbour, he changed his mind (Quote - Youre taking the p###).
Recently, we sent him a letter stating our intention to erect a fence along the true boundary, which we have done. He has kicked off about this, lying about seeking legal advice and claiming adverse possesion. The new fence covers the whole boundary, denying him access.
My question is - as we put up the 1995-6 fences (wrongly), does that then grant him license to use the land? This will negate the "adverse" part of his claim.
I have to add that he has not maintained the land, nor has he fenced it off for his own exclusive use. He has not attempted to register this land, therefore not showing "an intent to possess".
We are sick of his bullying tactics and are seriously contemplating having a judge decide on this matter for us as we have a massive amount of documentary evidence.
Cheers team!