Land boundary ownership issues in Scotland?

Land boundary ownership issues in Scotland?

11:26 AM, 5th May 2020, About A year ago 15

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I rent my home to my daughter and live elsewhere. The house has been in my family’s ownership since around 2003.  On purchasing the property we had a survey completed and witnessed our deeds along with land Registered details so we knew what we were buying.

However, increasingly a neighbour was instructing a workman to cut hedging and potted plants on our side of the property so we spoke to them and asked them to stop (they have lots of CCTV cameras and we have kids). They didn’t stop and gave us a range of excuses that it was a mistake etc. It got to the point that we formally asked them to desist and remove their overhanging tree from our property as it was discarding large limbs on us.

Rather than go away and leave us alone they began to instruct the workman to come onto our property the claim we didn’t answer our phone when they sought permission – total trot. They claimed they were in poor health and requested we contact their solicitor. We attempted this several times and suggested that our surveyor met with their surveyor and resolved the boundary matter same day. More trot!

We get an email at 6:10pm on a Bank Holiday weekend containing malicious accusations and a dubious looking survey from a well known company stating it was their land and they were taking it back the next day and would sue us and obtain a court order if we went near them or their workmen.

Since then we have proved their survey false and insisted they remove their encroachments at their own expense. They won’t go and are still instructing workmen to remove hedging etc. Today there was a confrontation as we are installing a small pool and a workman with a hedge trimmer was millimetres away from us. We asked the workman to stop as the hedge had no consent to be cut and their are birds nesting in it.

You guessed it, they won’t stop.Any suggestions?

This comes under Scottish Law.

Thank you in advance

Samizdats



Comments

by samizdats@yahoo.co.uk

11:54 AM, 10th May 2020, About A year ago

Reply to the comment left by Freda Blogs at 07/05/2020 - 12:22
Thank you for this. We tried with home insurance lawyers, we sent them all the evidence and asked them to desist which the have ignored. Solicitor advised there's not much we can do when the other side doesn't respond...

by samizdats@yahoo.co.uk

11:56 AM, 10th May 2020, About A year ago

Reply to the comment left by terry sullivan at 06/05/2020 - 11:32
Thank you. We have reported to council via their ASBO terms.

by samizdats@yahoo.co.uk

11:57 AM, 10th May 2020, About A year ago

Reply to the comment left by terry sullivan at 07/05/2020 - 13:04
This is a great idea thank you.

by samizdats@yahoo.co.uk

12:02 PM, 10th May 2020, About A year ago

It was so suspicious and we are not surveyors but it was clearly suspect. We reported it to the company and they ignored it. We went to RICS CEDR & police and l believe trading standards. The company are now objecting to CEDR as we are not their "clients". We believe the business practices and conduct should be investigated.

by samizdats@yahoo.co.uk

14:19 PM, 18th May 2020, About A year ago

Everyone, thanks so much for your insights 🙂


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