S
sainird
New Member
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.
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.