Garden encroachment

Bongodog · May 24, 2021

You have misplaced confidence in the Parish Council, they have zero authority in such matters and housing associations etc are fully aware of this and either ignore them or tell them to disappear.
People are walking all over you, its time to get in your car drive the 40 miles and get a grip

Muddyroads · May 24, 2021

Satellite images over the last few years should give you a good guide as to what’s happened.

Flatlander · May 25, 2021

Ask nicely that they put the boundary back to its original correct place. Inform them that if it’s not done in a to be agreed time frame you’ll send the boyz in to do the job and will expect them to cover all costs involved. You’ll get a pretty good idea if it’s a genuine mistake that’s going to be rectified or if you’ll have to follow up with a digger.
Dad alway said to give non farmers the benefit of the doubt as they are ignorant to country ways.

renewablejohn · May 25, 2021

Bongodog said:
Seems like you have some spineless siblings

Its far worse than that. More like greedy siblings throwing my mother into a care home against her wishes and wanting to sell her bungalow and land. Been dragging on for 15 months with the Court of Protection with me trying to help my mother as a Litigation Friend. Thankfully the Official Solicitor has finally become involved so at least my mother will now be legally represented.

steveR · May 25, 2021

tim@marford said:
Direct action! I don't think the tenants would be over pleased at a set of digger tracks across a 20 acre arable field. Bang on the door is more practical.
In the absence of any cost free magic suggestions I plan to ask the PC what response they have had from housing management as I believe these are *housing Association* properties and proceed from there.

Criticising the tenants for failing to maintain the land drainage and ditch in the absence of an agreement and after 60+ years is a non starter although I may laugh if they whinge again about the field *springing*.

Thanks to all for advice and comment. Curious that land, while a saleable asset, is not subject to criminal law. Magna Carta or some such

I refer you to post #4 above...

I have not a clue on AHA or other tenancies, but I am sure others do...

Ffermer Bach · May 25, 2021

I would be onto #4 like a tramp on chips if it were me, arse in gear time I recon

ollie989898 · May 25, 2021

Ffermer Bach said:
I would be onto #4 like a tramp on chips if it were me, arse in gear time I recon

'A tramp on chips'... this is going to be my default adjective phrase from now on.

tim@marford · May 25, 2021

ollie989898 said:
'A tramp on chips'... this is going to be my default adjective phrase from now on.

Ha. Ha!

Sideways slightly... ditched land boundaries.
Elsewhere on this same ditch we had a Land Registry issue with *dual* registration. The land had been developed for social housing and the ditch/trees included in the gardens. For the small area involved it seemed best to let that area be removed from our title. I now wonder if the land was sold on the assumption the ditch formed the boundary rather than acted as an outfall to field drains.

The ditch is definitely a drain as it is gullied under the highway further down the hill. Now the question, could a drainage ditch serve field drains on the other side of a boundary hedge?

theboytheboy · May 25, 2021

ollie989898 said:
'A tramp on chips'... this is going to be my default adjective phrase from now on.

I always thought it was "tramp on a blanket" and "seagull on a chip"

flowerpot · May 25, 2021

Goweresque said:
If its a boundary issue, the best way is go in hard early. Don't get bogged down in solicitors letters, while the trees are freshly cut get in there and ram in some solid posts along the boundary (steel ideally, and a long way in) and erect a solid agricultural fence on them. Stick the onus of taking any legal action onto the other party by making it a fait accompli. Let them pay for solicitors letters, not you.

I learned this lesson decades ago from my father, he was having the same problems with a house that bordered one of his fields, one evening he got a few mates and a digger and they went and pushed in some steel pipes in along the boundary and erected a fence on them. They got shouted at and called every name under the sun by the 'lady' of the house, but the posts are still there to this day, the 'lady' is long gone.

This was exactly the advice given to us by a neighbour with long experience of such problems. Act fast and push them back to where they should be.

renewablejohn · May 25, 2021

renewablejohn said:
Its far worse than that. More like greedy siblings throwing my mother into a care home against her wishes and wanting to sell her bungalow and land. Been dragging on for 15 months with the Court of Protection with me trying to help my mother as a Litigation Friend. Thankfully the Official Solicitor has finally become involved so at least my mother will now be legally represented.

Forgot to say the most important thing I have learnt from this is to sort out the power of attorny well in advance. I would never have believed you could be thrown in a care home against your wishes whilst you still had mental capacity but without a lasting power of attorny it was easy for them to apply to be deputies and keep her in the care home whilst the deputyship is sorted by the Court of Protection.

masseybreaker · May 27, 2021

look after yourself first straight in with a excavator and sort it your tennants will get over any damage you do . if it was a 50 acre field of taties i would be across it

Coximus · May 28, 2021

insanity - if their is no penalty in crimnal law for what they have done, then why would their be for you, even more so when you own the land????????

I have been their twice now, famring the leeds urban fringe feels like stallingrad at times, daily bonfires, dogs, trampolines and Knowit all southerners migrating all the time.
The first time I negotiated and waited and trusted, and spent 4 years fighting over 80sqm of land... in the end the landlord Suckerp anunched the jumped up encroacher sorting it.
Found out and saw posts here and learnt alot from other locals. 18 months ago a deck appeared jutting into a field, and a 100m HT fencwas cut for it, all the landscaping spoil dumped in the field ----- THat night the decking was burnt , fence repaired and the spoil dumped on the drive.
Police called round and I asked what had I done wrong on my land? I burnt some unwanted wood on my own land...... it was their so mine.
Everything else i just said "Im busy , am i in trouble????" "no but can you just tell us.....>" "sorry if you have any questions heres my email, I have to go to work now"

Never heard another thing.

Remember if they involve the police just dont engage.

Get your arse down this weekend and sort it,

If you will not defend your family's assets - they're your daughters remember, then what's the point in every day we get out and work? What for,

Our society may be flirting with woke feebleness but its just a flirt. What matters is Honesty, Integrity and upholding that. THis person has acted without any. Now act with integrity, defend your land.

teslacoils · May 28, 2021

The rule is you call the police first. Doesn't need to be about the soil etc. Then sort it out yourself. Police always support the first to ring.

Will Blackburn · May 28, 2021

tim@marford said:
Sadly no. The land was purchased by my Grandfather in 1935! A tenancy granted to a local farmer...., At no stage was I ever aware of a tenancy agreement and AHA applies.

The tenant will be aware of a tenancy, likely an AHA, they are in breach if they don’t deal with it. If they say no tenancy get that in writing then find a new tenant.

betweenthelines · May 29, 2021

Coximus said:
insanity - if their is no penalty in crimnal law for what they have done, then why would their be for you, even more so when you own the land????????

I have been their twice now, famring the leeds urban fringe feels like stallingrad at times, daily bonfires, dogs, trampolines and Knowit all southerners migrating all the time.
The first time I negotiated and waited and trusted, and spent 4 years fighting over 80sqm of land... in the end the landlord Suckerp anunched the jumped up encroacher sorting it.
Found out and saw posts here and learnt alot from other locals. 18 months ago a deck appeared jutting into a field, and a 100m HT fencwas cut for it, all the landscaping spoil dumped in the field ----- THat night the decking was burnt , fence repaired and the spoil dumped on the drive.
Police called round and I asked what had I done wrong on my land? I burnt some unwanted wood on my own land...... it was their so mine.
Everything else i just said "Im busy , am i in trouble????" "no but can you just tell us.....>" "sorry if you have any questions heres my email, I have to go to work now"

Never heard another thing.

Remember if they involve the police just dont engage.

Get your arse down this weekend and sort it,

If you will not defend your family's assets - they're your daughters remember, then what's the point in every day we get out and work? What for,

Our society may be flirting with woke feebleness but its just a flirt. What matters is Honesty, Integrity and upholding that. THis person has acted without any. Now act with integrity, defend your land.

This has got to be the best post ever on TFF!

Too often farmers assume they're in the wrong or act as if they're guilty.

Lime dust blowing about-ooh what should I do? The muck I've just spread is a bit ripe, I need to plough it in asap #panic
Dairy say I put water in the milk tank-should I stop the cows drinking on a hot day-Dairy must be right! Neighbours keep dumping crap over the garden hedges, I don't like it but I don't want to upset them.

Guys, you're just doing your job-stand up, be proud, don't take any sh!t-no one else does!!

Coximus · May 31, 2021

Have you been round yet and sorted it?
Yesterday a neighbour burnt all their rubish in my field and chopped a hedge row tree out.
The burnng embers are on their lawn now.
It wont happen again. Theyve been in the hoise 4 weeks and have learnt a lesson.

This bit of land is 18 miles from home. I was mad aware at 3pm. It was over and done by 7. That includes chugging a foobared davey brown all the way to tidy up.

The signal must be clear fast and withering. My land. My rules. Dont eff about. Hello im your neighbour and remind them respect goes both ways.

Kryten · May 31, 2021

tim@marford said:
Nice idea. I suspect, knowing these particular tenants, they will claim the ditch and shrubbery never formed part of the tenancy.

If the parcel is registered, a simple letter from your family solicitor will be the best approach, instructing them to retreat and reinstate the boundary on the defined line. This will have the bonus effect of deterring anyone elde doing the same. I did it on one of our fields that backed on to houses. All of a sudden word got round and we've had no trouble since.

Phil H · Jun 2, 2021

You need to make sure that the encroacher doesn't acquire title over time. All this needs is a formal letter advising them that they do not have rights over the land. The key for them is continued use. A registered, signed for letter sets the clock back to zero.
That's why you see some pathways with a sign saying it is closed on Christmas Day.

tim@marford · Jun 2, 2021

Phil H said:
You need to make sure that the encroacher doesn't acquire title over time. All this needs is a formal letter advising them that they do not have rights over the land. The key for them is continued use. A registered, signed for letter sets the clock back to zero.
That's why you see some pathways with a sign saying it is closed on Christmas Day.

Sorry for delay, busy elsewhere.

Registered letter? Fine by me. My inclination is to include all the properties backing onto the land: using the PO *signed delivery* service.
(Registered letters as such seem to have departed but there is a signed service for a few quid.)

Reading up on AHA tenancies has not improved my understanding of the responsibilities of the tenant regarding such intrusions and I had hoped one of our resident land agents might give some pointers. Rather late in the day for any criticism regarding the failure to maintain the ditch and field drainage system
which may well have gone astray during the war years.

Were this happening on my farm land here: where I have field side access, I would readily confront such trespass as advocated upthread. Without the support of the tenant, this is not going to happen.

Garden encroachment

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100% I’ve had enough of farming!

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