Scotland - Boundary dispute - with a Difference

Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Fri Oct 16, 2015 12:43 am

MacadamB53 wrote:Hi justjohn,

lol a 2 year could work it out from my plans
that's a big tick for element 3 of the doctrine of proprietary estoppel.
Collaborate wrote:Kind regards, Mac
edit: nobody need pull any defence if this does not go to court, but if it does go to court...


No you have made the assumption someone on the ground had the plans and on site. Also the assumption the owner new.

Even I measured it too make sure and rechecked it. Then looked at further land marks. It cannot be done using my plans and the plans for the extension or the original plans for building without the new extension

The examples I have seen on the internet state the owner must be explicitly informed. no reliance on a third party to inform.

And if this defence was used IF it went to court I do not see how they could white wash the fact they have admitted liability previously via solicitor.

As I have said before the solicitor has assured complacency by the vendor is not an issue.
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Re: Scotland - Boundary dispute - with a Difference

Postby MacadamB53 » Fri Oct 16, 2015 9:24 am

Hi justjohn,

As I have said before the solicitor has assured complacency by the vendor is not an issue.

okay, gotcha - let's leave the encroachment issue.

let's get the drains sorted.

my earlier suggestion to reroute to a water butt would cost peanuts - I'd do it myself no matte how much ground I'd given (no pun intended).

once this is done the drain becomes redundant and can be tackled when convenient.

or is this now a matter of urgency?

Kind regards, Mac
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Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Fri Oct 16, 2015 10:39 am

MacadamB53 wrote:Hi justjohn,

As I have said before the solicitor has assured complacency by the vendor is not an issue.

okay, gotcha - let's leave the encroachment issue.

let's get the drains sorted.

my earlier suggestion to reroute to a water butt would cost peanuts - I'd do it myself no matte how much ground I'd given (no pun intended).

once this is done the drain becomes redundant and can be tackled when convenient.

or is this now a matter of urgency?

Kind regards, Mac


I can only see roof drainage, they have said they will move it but are skint(they need planning permission to dig up road too reroute pipework). Now I could temp use a water butt. then dig pipe work up. but again that's me doing all the giving and them all the taking.

I could then bill them for the work.
They are compliant , lol there is no dispute as such just lack of action on there part.

I can solve this problem if I put my hand in my pocket and do all the graft. but I would prefer not too.

BTW water butt is a good idea and would temp solve the issue, but there may be planning issues regarding it. it would be there's not mine if they gave me permission lol .(I never thought of that and its cheap lol) Provided nothing else is underground.

I would prefer too force the issue so they do the work. That's the avenue I would like to pursue if I can.
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Re: Scotland - Boundary dispute - with a Difference

Postby MacadamB53 » Fri Oct 16, 2015 11:17 am

Hi justjohn,

can you clarify - do you know there is a drain buried on your land?

Kind regards, Mac
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Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Fri Oct 16, 2015 11:32 am

MacadamB53 wrote:Hi justjohn,

can you clarify - do you know there is a drain buried on your land?

Kind regards, Mac


there is a guttering down pipe on a wall with a gridded drain. at the drain there is a newish piece of tarmac in the shape of an L with a rodding point at corner of the L shape. there is no other fresh tarmac on my land. the trustees are supposed to contact the architect to find out exactly what is underground.(the extension, the guttering and the rodding point are on my land)
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Re: Scotland - Boundary dispute - with a Difference

Postby Roblewis » Fri Oct 16, 2015 11:57 am

With an Architect involved there is also therefore a party carrying PI insurance who could be suable for not ensuring that the land was actually his clients - one would expect that at least from an architect. Get your solicitor to write to him/her to explain this fact. Skint or not this charity seems able to pay when they wish to and it suits them.
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Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Fri Oct 16, 2015 12:15 pm

Roblewis wrote:With an Architect involved there is also therefore a party carrying PI insurance who could be suable for not ensuring that the land was actually his clients - one would expect that at least from an architect. Get your solicitor to write to him/her to explain this fact. Skint or not this charity seems able to pay when they wish to and it suits them.


I did not think an architect was liable I have used architects before and they normally just assume or take your word for it the land is yours(in Scotland that's the case). stupid thing is in Scotland when you extend a property, you do not have too update your deeds. if you did alarm bells may ring at that point.

Also trouble with things like that and indemnity policies they never kick in until court action. often the defendant gets told to do nothing until court action then the policy kicks in.(bummer if you are taking them to court as if you know there is a policy you can take them for as much as possible lol)
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Re: Scotland - Boundary dispute - with a Difference

Postby MacadamB53 » Fri Oct 16, 2015 2:35 pm

Hi justjohn,

so is it that you're worried there's also a foul pipe?

(otherwise what's the issue with having a redundant surface water drain under your land?)

Kind regards, Mac
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Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Fri Oct 16, 2015 4:12 pm

MacadamB53 wrote:Hi justjohn,

so is it that you're worried there's also a foul pipe?

(otherwise what's the issue with having a redundant surface water drain under your land?)

Kind regards, Mac


There could be, I will get it verified next week.

I will arrange a meeting with trustees next week. I will suggest a water butt if it is only rainwater with the condition they give me a schedule for water butt removal/reroute of guttering downpipe. That gives them time and me room to do what I need to do.

however if it's foul water and rainwater pipes then there is an issue. And I am at a loss on that scenario.(if there is foul pipes on my land it will cost them allot of money to reroute)
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Re: Scotland - Boundary dispute - with a Difference

Postby arborlad » Fri Oct 16, 2015 4:47 pm

justjohn wrote:....however if it's foul water and rainwater pipes then there is an issue. And I am at a loss on that scenario.(if there is foul pipes on my land it will cost them allot of money to reroute)



Do you know where the foul and surface water drains are on your land or in the vicinity, can you access the building. Turning on a tap and seeing what runs where should give a clue.
arborlad

smile...it confuses people
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Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Fri Oct 16, 2015 5:00 pm

arborlad wrote:
justjohn wrote:....however if it's foul water and rainwater pipes then there is an issue. And I am at a loss on that scenario.(if there is foul pipes on my land it will cost them allot of money to reroute)



Do you know where the foul and surface water drains are on your land or in the vicinity, can you access the building. Turning on a tap and seeing what runs where should give a clue.


no because my neighbor is on a different street, my drain comes out the front of the property. the neighbour is at the rear. He has a round access chamber at his front steps/on road I am hoping that's foul water.(however that would mean foul water pipes are under his extension,) there is an air/vent stack at the other end of the extension. eg. the vent stack is a straight line to his front steps
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Re: Scotland - Boundary dispute - with a Difference

Postby MacadamB53 » Mon Oct 26, 2015 10:57 pm

Hi justjohn,

how did the discussions go?

Kind regards, Mac
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Re: Scotland - Boundary dispute - with a Difference

Postby ukmicky » Tue Oct 27, 2015 2:09 pm

Just go to court and apply for a simple injunction asking for all encroachment to be removed . They have admitted the encroachment so it should be easy. The fact that they are a charity is of no concern to the court.
Advice given is not legally qualified and you are advised to gain a professional opinion
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