Remova of Fence

[sainird]

Hi everyone,

Sorry if not in right topic as couldn't find a suitable one for my enquiry.

I was looking after a small piece of land adjoining my property after failed to find the owner who was deceased and no successors living at the address on land title deed. The land next to this land belonged to council was purchased privately last year but there was no fence dividing both lands so thinking that in the absence of fence other landholder could grab this land, I fenced this land. He approached me later stating to remove fence as its not on my name but i refused as he was not the holder too. He later find land owner successor and purchased it and sent me solicitor letter to remove it to which i refused saying i have interest in this land since last five years as i maintainted and fenced it. He forcibly removed fence in police presence where police said that he can do whatever on his property so can't be stopped doing so and i have to go to court for my criminal damage to fence. I did have notices on fence stating it belonged to me and no one can remove it without my consent.

My question is whether i can file a civil claim for compensation of damaging my fence in this scenario or not. Also if I can serve him a unilateral notice of interest in land though i no longer have any adverse possession on the land. If yes what are my chances. I have all the previous receipts of maintaing the land since five years along with erection of fence.

Thank You.

 

[Veronica]

You cannot just claim a piece of land because you don't know who owns it.
The new owner is perfectly in his right to remove your fence as it is on his land and anything on his land belongs to him.
In my opinion you would be wasting your time and money pursuing this matter in court.

 

[sainird]

Hi,

Thanks for your reply.

Does it matter something in legal terms that he already knew of my adverse possession of land before purchase which he already admitted in his solicitor letter and notice on the fence. He purchased a land someone else has interest in same making him liable to the pay the cost of other party atleast. Please advise if it make sense.

Thanks

 

[Veronica]

I believe that to claim possession in this way you need to have occupied it for 12 years.
As you only put the fence up one year ago it does not entitle you to claim the title to the land.

 

[Barny]

I'd have to agree with Veronica on this and her points are all valid.

You can't just claim a piece of land because no one is visably maintaining it, if that were the case there would be thousands of these disputes cropping up all over the country.

Also, from what you've said, he actually did everything the right way. He informed you to remove the fence when neither of you owned it but you declined. When he took ownership of it, he then had his solicitor contact you to remove it and again you declined so you had the opportunity to remove it and therefore have it in a good condition but as you said no on both occasions, he not only did what a lot of people would do and remove it, but he probably done it in such a way to aggravate you even more by trashing it.

To be honest, if that were me and you declined to remove the fence on both occasions, I'd have probably put in my own fence on the border of your land and this land, therefore cutting you off completely from the fence you installed and then I'd keep the fence you put up. You would therefore be trespassing if later going on to remove the fence you put up because legally, that is now his property.

Thinking about it, this could be so much more messy and annoying for you so really, I'd move on, forget about it and save your time, money and mental state by stressing over it. Sorry