New discussion about old issue.

Re: New discussion about old issue.

Postby cleo5 » Mon Apr 04, 2016 3:35 pm

Mine does not charge top rate. About the same as you. lus VAT of course.

Yes I agree with you Family Lawyers deserve top whack but its Mr Mrs average o,r as in my case,grandma who pays and who doesn't get legal aid.
Lawyers are to be avoided unless one has money to spare.

But what can OP do?

Is she to let MR Next Door do as he wants or fight him even though it will cost a lot?

Should she avoid more strife and let him build what he wants on condition his eaves do not overhang her land and that he does not trespass on her garden. either in the construction or afterwards.
She can save her roses and climbers by pruning back and digging the roots out carefully and popping them into a trench for now. Then she can put up a new fence in front of his new extension wall and replant her stuff. IT will soon grow back.

Then when she comes to sell the new buyer will buy as on the conveyance and no neighbour dispute need be declared. She will have lost her bit of land to him but she can put in a proviso that he does not contest the bit where the bins are,
One solicitor's letter could set this out clearly.

It is the cheaper, less stressful ,option.
Or is it giving in to a bully for the sake of peace?
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Re: New discussion about old issue.

Postby loveka » Mon Apr 04, 2016 5:08 pm

That is exactly my dilemma. I don't want to give in to him as he is in the wrong, and he has threatened and bullied and made my life hell.

That is why we have offered to split it with him, just to get it to end.I just don't understand why he is pushing this so much. His extension is huge, and he is putting us through all this for 4 inches.

Our solicitor today said that the extinguished easement would not stop us claiming adverse possession. She has said we should not claim it though, as the land is what we bought, and is ours and not his. We have a 'final' meeting tonight before he starts court action, he says.

You lot are keeping me sane. Thanks.
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Re: New discussion about old issue.

Postby cleo5 » Mon Apr 04, 2016 6:16 pm

If your solicitor says its yours then that's it.
He can't build on your land and if he attempts to do so call the police.

Also check with planning if he can cover most of his garden in buildings. I thought there was a limit on how much one can build.
Keep on at planning anyway as they have to take notice.

What about your MP. Some can be very helpful.

You've got your CCTV so can see what he's doing,
Hopefully he's all mouth and trousers or whatever the saying is.

I was in a similar dilemma but folk on here urged me to stick up for what was ours and yes it cost OH his savings but hopefully it will be less hassle for the family when they come to sell up. The stress was enormous but it has lifted now.
If you have the money then carry on.
Check your house insurance again to see if you have legal fees cover.
And Good Luck.
ps.
Just found this. I don/t know whether it would apply in his case?
" All extensions and other buildings must not exceed 50%of the total area around the house as it stood on 1st July 1948 or the day it was built if later.!
and
A letter from Planning authority should be sent to neighbours asking if they have any objections to the proposed neighbour's extension.
This is from an article in the Guardian of Thurs. 6th Sept 2012. on new planning laws. I guess these are now in place.
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Re: New discussion about old issue.

Postby cleo5 » Mon Apr 04, 2016 8:05 pm

Just been re-reading all the posts from your two threads.
This has been going on since Nov and we are now in April.
Time it was sorted.

It says in the LR blurb Practice Guide 40 that LR determines boundary from any features ( such as posts, hedges etc fences ) that have been in position more than ten years. Your fence has been there 16yrs plus.
It may be that neighbours original extension was built too far over on your land. (Too late now to have it demolished).

The planning need to be involved because he is building on too much of his garden (against building regs)
Council planners do not encourage building tight on boundary because of gutter/drainage/ overhang and foundation issues. latest Building Regs.

Your sol must write finally and tell him that the fence has been in place over 16 yrs and is on the boundary and he cannot build on your land and to stop harassing you.
Planning authority must be called out to site. ASAP
You must tell Planning Officer you strongly object to any developement on your boundary.
Then sit quietly and wait for his neighbour's next move.

What about your extension? Where do you plan to put it?

As for his surveyors. Only one using radar and geo physics and measurement and comparison with old maps would do it accurately.

The LR seem to do a boundary measurement for around £90. but it would not be an on site one for that price.
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Re: New discussion about old issue.

Postby despair » Mon Apr 04, 2016 8:43 pm

Ditto
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Re: New discussion about old issue.

Postby loveka » Tue Apr 05, 2016 1:45 pm

It's over.

He has accepted our terms to split the 8 inches. I can only think his solicitor had talked some sense into him. On Saturday he was shouting, with a pneumatic drill in his hand, threatening to sue us.
Last night he seemed quite resigned.

I am not happy with the situation, as I will lose a lot of plants that I have loved. But even had he built up to the fence as I wanted they would have been lost, as he would have issued s party wall notice.

What I have learnt from this is that even if the law is on your side, you have to have money to invoke it.

We had legal insurance; but it was very complicated what they would and wouldn't cover us for. So I would advise anyone to check what their policy covers very carefully. We certainly will be changing our policy.

Thanks for all your help! I really hope I never have to ask a question on here again.
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Re: New discussion about old issue.

Postby MacadamB53 » Tue Apr 05, 2016 3:38 pm

Hi loveka,

I don't mean to cast a shadow over things, but I would not be surprised if this was just a ploy to soften you up and let him remove the fence...

Warm regards, Mac
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Re: New discussion about old issue.

Postby confused3 » Tue Apr 05, 2016 4:12 pm

loveka wrote:It's over.

He has accepted our terms to split the 8 inches. I can only think his solicitor had talked some sense into him. On Saturday he was shouting, with a pneumatic drill in his hand, threatening to sue us.
Last night he seemed quite resigned.

I am not happy with the situation, as I will lose a lot of plants that I have loved. But even had he built up to the fence as I wanted they would have been lost, as he would have issued s party wall notice.

What I have learnt from this is that even if the law is on your side, you have to have money to invoke it.

We had legal insurance; but it was very complicated what they would and wouldn't cover us for. So I would advise anyone to check what their policy covers very carefully. We certainly will be changing our policy.

Thanks for all your help! I really hope I never have to ask a question on here again.


I fear you have made a big mistake, have you heard the saying "give them an inch and they will take a mile?
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Re: New discussion about old issue.

Postby Luigi Mario » Tue Apr 05, 2016 9:23 pm

loveka I hope this goes well but I fear once the fence goes down so does his foundation over the whole eight inches. Best of luck!
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Re: New discussion about old issue.

Postby loveka » Tue Apr 05, 2016 10:38 pm

When I said agreed, I mean we gave him a written list of conditions, one of which was it's only 4 inches. We told him we want a contract drawn up by his solicitor, otherwise it's off. We told him nothing can be started until we see the contract

I wish we hadn't agreed actually. Life really has been hell, though. My partner wanted to split it, I didn't really. His extension is 9 metres wide, and he put us through all this for 4 bloody inches.
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Re: New discussion about old issue.

Postby COGGY » Tue Apr 05, 2016 11:16 pm

Hi

We all agree occasionally to something we later regret. Anyone who has not experienced a bullying neighbour cannot appreciate the stress it causes. Life is too short to fight over trivialities. Make sure you stick to your guns about his solicitor drawing up the deed, and have it checked before signing. Any costs involved to be met by the neighbour in total. If the deed does not meet with your approval, then do not sign. He may well try to add in bits not agreed. Don't let him. You have given way, now say enough is enough. Stand firm.

Good luck. Coggy
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Re: New discussion about old issue.

Postby despair » Wed Apr 06, 2016 6:32 am

Ditto ditto ditto

That bully should never have been given in to

He has got his way with this now wait for next thing

Insist on a clause in the deed which guarantees he will not have any future issue with you at all

Best thing to do is to totally blank him out from herein
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Re: New discussion about old issue.

Postby loveka » Thu Apr 07, 2016 11:08 am

We have a clause that he accepts all other boundaries are correct. The boundary between the 2 properties is defined by different paving, described in the document.

I will be purring up a 6 foot fence at the front between the houses. I will not have anything to do with him again. Hate is too mild a word for what I feel for him.

I hate it that we have given in to his threats. The risk of going to court, winning but not being awarded costs was just too great for us, as we simply don't have the money. It had become like a game of poker, as I am pretty sure he didn't really want to spend that sort of money either. Our solicitor said both sides could have ended up with 30k costs.

I am devestated by the loss of my garden border. I have had the house valued with a view to moving. But I think I need to live with it a bit before I make a drastic decision.
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Re: New discussion about old issue.

Postby despair » Thu Apr 07, 2016 1:07 pm

I know 200% how you feel
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Re: New discussion about old issue.

Postby arborlad » Thu Apr 07, 2016 2:52 pm

loveka wrote:We have a clause that he accepts all other boundaries are correct. The boundary between the 2 properties is defined by different paving, described in the document.



Does that include the fence at the front, and most importantly, who owns it?..........also the area of your land that remains unregistered?





I will be purring up a 6 foot fence at the front between the houses.



Duplication of boundary features is always a bad idea.
arborlad

smile...it confuses people
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