Client Advice Letter:
Savage and Co Solicitors LLP
22 Mean Street Skipdale
BD23 WTF
Bradford, England
1st April 2021
Mr Tite
Bradacre
Aireside
BD23 CF0
Bradford, England
Dear Mr Tite.
Re: Trespass to Land at Bradacre - your potential claim(s) against the owners
of Howard’s End (Mr and Mrs Moneybags).
Thank you for coming to see me last week. As discussed at our meeting, I now
enclose a summary of the advice that I gave to you, together with the various options
you have available to you.
You began by telling me that you were the owner of Bradacre, a local farmer whose
sole goal in life was to follow in the footsteps of his late father, who dedicated his
time, love and money to farming before passing away. In this lovely farm, which
many people have approached you for, with breath-taking views and a large plot of
land, you saw your father’s struggles and how hard he worked, and you were
inspired to carry on his legacy by continuing to grow crops (plants) as well as raising
livestock (animals).
You told me that there is a parcel of land at the bottom of a field owned by your
neighbours, the Moneybags’, whom last year relocated from London and bought an
adjacent property – a barn conversion and stables, which they named Howard’s end.
, Introduction to Legal Skills
The land is down quite a steep slope and leads to a wood which has a stream
running through it. I understand why you have an interest in this land, as it not only
has a source of water and its wood but sides on the land you farm on. The polaroid
photos you took and bought of this location that you showed me were beautiful.
You also stated that the Moneybags wanted to develop a hobby farm and stables,
but they needed to store some old stone somewhere because it was in the way of
the renovations. They thought the patch of land at the back of your home, which was
covered with old materials and garbage, would be ideal. They approached you and
asked for the ground, which you offered for free for a year. Some of the stone were
still in your property 12 months later, so you approach Mr Moneybags and ask if they
need the land for another year; he says yes, and you ask if you can buy or lease the
land mentioned above; he then says no.
You explained to me that the Moneybags have been behaving in an annoying
manner by trespassing on your land and you would like to know if there is something
you can do to prevent this. As a result, you made the following complaints:
- As the initial agreement of the Moneybags keeping their stone on your land
for 12 months has been fulfilled, you would like the Moneybags to take
everything they own, from the back of your home where they placed their
belongings, as I have described.
- You wish for compensation for the last 12 months they have had their rubbish
(the stone) on your farm. This is due to the fact that trespass is a type of
criminal or tort law that is divided into three categories: trespass against an
individual, trespass against chattels, and trespass against property and it has
the potential to be implemented. Trespass to land has been claimed in this
case.
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