Tony would you let someone build on your land only for a judge to say that its ok and will stay?
Andy
Andy
What about the damage to the fence, who owned that?
I would be saying to the neighbour, "You move it or I will"
Andy
Tony would you let someone build on your land only for a judge to say that its ok and will stay?
Andy
No; the problem here is that the OP's friend was away for a month and did not see the work going up. Had he been present when it was being built, he could have applied for an injunction to stop the work, as soon as he saw that it was going on to his patch.
Surely a Judge cannot place a value on the area of stolen land. It will have a market value, but if it significant importance to the owner, the OPs friend, that could increase the price with not real boundary.Unfortunately, it almost certainly would; the law rarely takes matters of principle into account in situations like this.So it comes down to value and cost to the person who has intently broke the law as opposed to the legal rights of the property owner.
(But I agree that it is outrageous for someone to effectively steal 12" of garden).
I suppose another option is for your friend to move the remainder of their fence a couple of meters into the neighbours garden, what's good for the goose!
KNOCK IT DOWN, KNOCK IT DOWN, KNOCK IT DOWN!!!
Andy
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