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Encroachment by neighbours

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  • Encroachment by neighbours

    When someone encroaches on to your property, it could be done by placing an object, for example, a concrete post or two on your property. These could be on the gap between your fences and if left for a number of years, can give the encroacher/trespasser rights to your land or part of it. It creates a daunting situation for the victim in that if it is done to gain Adverse Possession it can cost a lot of money to deal with. Sometimes it can happen as a result of a mistake and can be resolved between neighbours, sometimes without the need for legal intervention. If it is the former, you should write a letter of Objection to the neighbour while things are being resolved. It will not assist in having the encroachments removed but it should ward off any Adverse Possession rights the neighbour may seek. This is what I have been lead to believe and would welcome some help with this situation. Writing the Letter of Objection may be best left to the legal profession but I would like to know how you can best do it yourself as you will most likely have to have a survey carried out by a Chartered Land Surveyor to establish what the encroachments are, so that a solicitor can take information from it. I am not legally minded, hence I would welcome some information on writing a letter of Objection (to any encroachments and trespassing) that someone has committed on your property. It is a worry that if not done properly, it may not be effective.*
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