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  • Hi @Pasty_Spumante I don't think your position is that bad in terms of the law just in terms of the relationship and compliance of te neighbour. As has already been stated it appears that the previous owner gave verbal permission (known as a bare licence) for the neighbour to use the land. Therefore the maxim without force, without secrecy and without permission which combined are considered indicators of adverse possession does not apply.
    Also as there has been coming and going by you and the previous owner of your land he has not 'excluded the world' which is another reasonable indicator of adverse posssession.
    These are braod indicators and in the world of common law relating to land it is nuanced but I think he still has a fair way too go.
    In addition I think he falls a long way short of acquiring an easement (right) to graze as that is at least 20 years

  • Thanks for that - my neurosis, lack of sleep and everything else probably led to a sense of heightened distress in my OP. I mean, I’m anxious but very much of the mindset of got myself expecting the worst, however I’d probably feel I’ll be leaving myself vulnerable if I didn’t. The key things are, we’re here now, I’ve met, amicably, the neighbour and whilst he clearly isn’t (maybe can’t) going to fence his animals in and was talking like he owned my land (I just ask that you keep that gate shut, I just ask that you keep the dog on a lead etc etc) he was ceding in begrudging acknowledgment he couldn’t just do what he wanted anymore and said he’d move his stuff etc etc. I have also spoken to other local land owners who have suggested that although he can come across as quite abrasive and always concentrates on his own interests rather than his responsibilities (they suggested I’ll end up fencing his horses out and clearing some of his shit) he is broadly fair minded and to keep, as I was smiling but also being respectfully firm and direct about my rights in my own land and that he now has to respect those and that he’ll get there in time. He’d done various odd jobs for some locals and they’d suggested his work was good and he was straight as it were, although of course it was in interest to be. We’ll see where we are at the weekend and if no movement I’ll catch him in the week and tell him I’m going to support him to start moving his stuff (which I’ll do very respectfully) off my land and ensure he is aware that it is our intention to work to our clock and not to his. We wouldn’t let his horses come to harm but he needs to know we won’t be responsible for the safety of his livestock, we can’t be! I’ll keep it straight and sweet and fair and perhaps we’ll get to the point where I try and ask how he would feel if we put a gate at the entrance to his plot with our house name on or if we let animals roam and damage his field or left a car in it. As I said, a couple of handshakes and he even gave me a pay on the shoulder so it wasn’t oppositional but he needs to recognise the mutual benefit of having respectful neighbours - and I’d say he could do waaaaay worse - and was just lucky he previously had one that gave him free reign over the whole land. I’m documenting everything, loads of pictures, invoices etc, before and after and meeting the other neighbours on our land on Saturday (who he has done a little work for) to try and instil a sense of community and we’re all there for our own reasons and have to be allowed to carry on without fear or impingement. My hope, although not ideal, is that we might end up bearing the time and financial burden of carrying out his responsibilities (as well as always being there to help) but he’ll respect the rules and boundaries and not go out of his way to make things difficult

  • I know this sounds OTT. But you should always secure your boarders as soon as you move somewhere. No one ever seems to, but day 1 is absolutely the easiest point to do it - "I just want to get everything sorted properly. I'm sure you understand."

    Never assume you're dealing with people in good faith. Spend the money, get your shit locked down so you don't have to worry about it in the future.

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