Yet another boundary dispute

Re: Yet another boundary dispute

Postby COGGY » Fri Jan 22, 2016 10:42 pm

If you are writing yourself and he has a solicitor writing for him, just keep responding. He will become tired of paying the solicitor. You merely need to refer them to your letter dated ....... and say that your position has not changed.
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Re: Yet another boundary dispute

Postby mattloeb » Mon Jan 25, 2016 1:53 pm

some people have more money than sense nowadays.
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Re: Yet another boundary dispute

Postby bluegate » Tue May 03, 2016 4:49 pm

Hi all,

Back again and the saga continues...

I received a 'Letter Before Action' from the neighbour's solicitors over the weekend. This consisted of 4 pages of mostly rambling about how unreasonable it is to expect the neighbour to walk around to the front of my property and through my house to access his wall for maintenance (there's a side gate btw). He is now repeating his original 18 inches from the wall boundary claim (rather than the distances the surveyor estimated), as well as the "soil piled against his wall causing damp" claim. He is also continuing to insist that the Section B notice he served as part of his planning application was simply to inform me that the building works were taking place and not a declaration that he didn't own the land on which he was building.

The letter gave me 20 days to respond from the date of the letter which was April 12th. The post mark on the envelope was 28th April, and it arrived on the 30th April :roll:

He has presented two options for me to take - otherwise he "may" take legal action at any time.

Option 1 - I remove a large hazel tree and my shed, and erect a fence on my land running from the end of his fence by the uPVC door, along the disputed section of wall using the surveyors calculated distances.

Option 2 - I remove a large hazel tree, get to keep my shed, and erect a fence on my land running from the end of his fence by the uPVC door, along the disputed section of wall ending at the shed using the surveyors calculated distances.

The last few pages actually set out his claim and the evidence he is planning to use for his case:

Claim: The boundary line is as per the surveyors report (but doesn't state which line - there are 3 of them).

Documents Replied On:

1. Surveyors Report
2. Property/Title Deeds
3. Planning Permission Certificate B
4. Witness statement of their client and the prior owners of their client's property
5. Communications between myself and the neighbour
6. Bundle of correspondence between myself and his solicitors

I ran through it all with my legal insurance company and they were simply bemused by the whole thing.

I have replied today saying that he's still not presented me with any evidence that the boundary is 18 inches from the wall and that's he welcome to ask permission to come in through side gate at the front of my property to maintain his gutters and fascias. I've also pointed out that the distance from the front of his property to mine is approx. 250m which is not a huge distance.

I'll post an update again if I hear anything more.

bluegate
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