Scotland - Boundary dispute - with a Difference

Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Wed Oct 14, 2015 10:09 pm

MacadamB53 wrote:Hi justjohn,

the solicitor originally agreed to sign over the land PROVIDED they moved the drains in a timely manner and responded within 14 days.

whose solicitor was that?

Kind regards, Mac


Our solicitor wrote to there solicitor saying we would sign over the land provided certain conditions were met.
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Re: Scotland - Boundary dispute - with a Difference

Postby MacadamB53 » Wed Oct 14, 2015 10:28 pm

Hi justjohn,

Our solicitor wrote to there solicitor saying we would sign over the land provided certain conditions were met.

that does not sound like a contract to me - more like an offer.

(did you own the property at that moment btw?)

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

Postby arborlad » Wed Oct 14, 2015 10:31 pm

justjohn wrote:the solicitor has suggested I pay to get the drains moved and get a bond?.



Are these foul or surface water drains, has anyone with a knowledge of drainage looked at them to verify that they can be moved?
arborlad

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

Postby justjohn » Wed Oct 14, 2015 10:34 pm

MacadamB53 wrote:Hi justjohn,

Our solicitor wrote to there solicitor saying we would sign over the land provided certain conditions were met.

that does not sound like a contract to me - more like an offer.

(did you own the property at that moment btw?)

Kind regards, Mac


Yes it was an offer. We do not have to stick too it, We can take them to court for the land and removal of drains.

yes we own the land and the property now and since the solicitor has been involved.
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Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Wed Oct 14, 2015 10:39 pm

arborlad wrote:
justjohn wrote:the solicitor has suggested I pay to get the drains moved and get a bond?.



Are these foul or surface water drains, has anyone with a knowledge of drainage looked at them to verify that they can be moved?


Defiantly surface water I am unsure about foul water. I have never had anyone look at them. Unsure if the trustees have.

The surface water can be moved.(the extension actually contains Toilets, unsure where the sewage goes.
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Re: Scotland - Boundary dispute - with a Difference

Postby MacadamB53 » Wed Oct 14, 2015 10:55 pm

Hi justjohn,

Yes it was an offer. We do not have to stick too it

right, so why do you suppose they owe you any money?

We can take them to court for the land...

but you already own the land - you say they accept that - so you are left taking them to court to abate their encroachment (ie remove their extension).

is that something you're seriously considering?

I'm not sure how 'the offer' sits with the idea you need your land back...

is this all about getting the drains sorted?

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

Postby justjohn » Wed Oct 14, 2015 11:03 pm

MacadamB53 wrote:Hi justjohn,



is this all about getting the drains sorted?

Kind regards, Mac


Yes.

However the land the extension is on is leverage. And if I have to go to court will attempt to get compensation for the land. The encroachment has devalued the property.

The solicitor says they have no defence. However the issue with taking them to court is if the resign as trustees. Taking the trust to court is a financial nightmare and the property would be sold.
Last edited by justjohn on Wed Oct 14, 2015 11:25 pm, edited 1 time in total.
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Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Wed Oct 14, 2015 11:09 pm

I was ideally looking for a cheap way to see if they were going to resign.

if I rack up solicitors bills they may refuse to pay my solicitors cost. So that's not an option. (as I would be liable for the costs unless I took them to court)
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Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Wed Oct 14, 2015 11:30 pm

If we go to court we get an order for the value of the land. then with that order we enforce it. if its the trustees they pay us or sell some assets etc.

if we take the trust court the property would be sold. This would take years and a lot of money.

that's my understanding from the solicitor.
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Re: Scotland - Boundary dispute - with a Difference

Postby COGGY » Thu Oct 15, 2015 11:28 am

I am confused. Are you saying the Conveyance to yourself included land that had been taken by the neighbour? If so then you should be discussing the matter with the Vendor. If such land was not included then it is nothing to do with you.
Regards
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Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Thu Oct 15, 2015 1:51 pm

COGGY wrote:I am confused. Are you saying the Conveyance to yourself included land that had been taken by the neighbour? If so then you should be discussing the matter with the Vendor. If such land was not included then it is nothing to do with you.
Regards
Coggy


Please see previous post this is not a vendor issue. land has good land registry title and it was purchased at auction. Vendor cannot be held liable as title paperwork at auction was provided in good faith and I am unable to prove otherwise.(our solicitor has already said we cannot go after the vendor)

I own the land the extension is on and the land the waste pipes go across, no one is disputing that fact.
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Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Thu Oct 15, 2015 2:16 pm

I think the trustee's may be hoping I will give them the land, and move the pipework at my cost or ignore the pipework encroachment.

I would like to force this issue and see what they do. All I need is the pipework removed. However if I have too fight in court I would like to be compensated for the loss of land.

I was looking for a cheap and easy method to force them to do something.
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Re: Scotland - Boundary dispute - with a Difference

Postby Collaborate » Thu Oct 15, 2015 2:38 pm

Surely they own the neighbouring property, against which you could enforce any judgment you get?
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Re: Scotland - Boundary dispute - with a Difference

Postby mr sheen » Thu Oct 15, 2015 2:42 pm

Presumably before bidding at auction, you read the terms and conditions of the auctioneer since they usually include clauses that presume that you have made all enquiries and investigations in relation to all legal issues eg rights, easements, drains, services etc etc and that by bidding you are happy that the property meets your needs ie that you are happy with everything to do with the property 'as is'.

So when you suggest that you will win at court, you are actually taking a big risk because these matters have not just occurred they existed before you bid on the property that you confirmed fully met your needs by bidding for it at auction. If you didn't like the drains, you shouldn't have bought it...I actually think the neighbours are deliberately dragging their feet and would be happy to 'see you in court' and let you seek to prove that having accepted that you were happy with everything to do with the property by bidding at auction, you are now entitled to changes to be made to the property at someone else's expense.....good luck with that!
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Re: Scotland - Boundary dispute - with a Difference

Postby justjohn » Thu Oct 15, 2015 2:49 pm

Collaborate wrote:Surely they own the neighbouring property, against which you could enforce any judgment you get?


Yes but its the cost if they resign as trustee's. they are pleading poverty the only asset they have is the building which belongs to a trust.

if worse case scenario they resign I will have enforce the judgement on a trust that has no representative.

The solicitor says the trustee's can resign and just walk away, that would be a costly nightmare to enforce the sale of the building.
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