yet another boundary dispute

Re: yet another boundary dispute

Postby pilavas719 » Sun Oct 30, 2016 11:26 pm

Hello All,

Not sure how to handle this but after trying to explain to my neighbor that the boundary was always in the place it was for nearly 40 years and not agreeing to this ?

How can I make this man understand that if we go court he will lose, I know it will cost alot but he should understand sense.
Reading other people's boundary issue mine seem to be more straight forward. I spoke to the neighbor opposite me today who told me the boundary was moved but the was done back in 1980 and was given permission by then owner's and was done under council's permission at the time but unfortunately I tried the council's planning department and they had nothing to hand.

Gladly the previous owner has been very helpful by sending me pictures and a sworn statement. This is really doing my head in but he has not tried to build anything yet not sure how long he will be like this also he has not responded to any of my solicitor letters.

If he knew he was right he would have claimed the land with the previous owner.

I just hope this nightmare ends soon as this is the last thing you expect when buying a house especially the day after you move in lol.
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Re: yet another boundary dispute

Postby COGGY » Sun Oct 30, 2016 11:35 pm

It is quite likely that the neighbour knows he is in the wrong, does not want to admit this and is simply hoping the problem will go away. Do you have access to the fence he has removed? Could you have it re-instated? If so you could then ask him to re-imburse you for the costs involved and if he refuses take him to the Small Claims Court. Bullies do not like having to admit they are in the wrong. Regards Coggy
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Re: yet another boundary dispute

Postby MacadamB53 » Mon Oct 31, 2016 12:36 am

Hi Fazil,

he has not responded to any of my solicitor letters

re the lack of activity - did the letters tell him not to try building on your land?

Kind regards, Mac
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Re: yet another boundary dispute

Postby mr sheen » Mon Oct 31, 2016 8:31 am

Fazil Mohobuth wrote:
How can I make this man understand that if we go court he will lose

I spoke to the neighbor opposite me today who told me the boundary was moved but the was done back in 1980 and was given permission by then owner's and was done under council's permission


If he knew he was right he would have claimed the land with the previous owner.

I just hope this nightmare ends soon as this is the last thing you expect when buying a house especially the day after you move in lol.


Take him to court - You can make him understand he will lose IF he loses in court

Permission was granted to move the boundary therefore that permission can be rescinded and now has been - this could mean you lose.

He didn't need to claim land that had been loaned by permission to a neighbour as oppose to taken by AP. He still owned it.

It can end today...forget it and move on...life is full of choices.

A court will consider all the evidence and decide who owns the land.....so take the matter to court and let a Judge decide. BUT......court is a gamble and your case is not the foregone conclusion you keep asserting.
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Re: yet another boundary dispute

Postby pilavas719 » Mon Oct 31, 2016 10:36 am

Permission was granted to move the boundary therefore that permission can be rescinded and now has been - this could mean you lose.


How can this be right ? This was done way before we both bought our property's and he bought it knowing where the boundary is and I did the same only when I moved in then he decides to move the boundary I mean This surely can't be right.

My point is I have had a land survey done, had a professional look at the conveyancing docs and found nothing highlighting his ownership of the land, The only evidence he has is his title plan which the land registry mentioned in writing that these are not exact boundary readings and should not be used as such.

Reading up on adverse possession the reason why for this is to protect people like me who just bought a house or piece of land and having a third party claiming there stake on it. I bought the house knowing where the boundaries are as did my neighbour.
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Re: yet another boundary dispute

Postby COGGY » Mon Oct 31, 2016 3:36 pm

Hi
It does begin to look as though your Vendor was not as honest with you as he could and should have been. Has your solicitor discussed this with the Vendor's solicitor? Regards Coggy
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Re: yet another boundary dispute

Postby pilavas719 » Mon Oct 31, 2016 8:08 pm

COGGY wrote:Hi
It does begin to look as though your Vendor was not as honest with you as he could and should have been. Has your solicitor discussed this with the Vendor's solicitor? Regards Coggy


Before completion everything was fine, I was in direct contact with the vendor he even let me start moving in early, No one knew what was going to happen after. Once I moved in on the 12th of July we settled in fine then the morning of the 13th
I saw my polish neighbour taking measurements as I was on my way to work.
When I spoke to him on my return after he had already dug his foundation I immediately called the vendor who was stunned and promised to assist me in whatever way possible he also did mention that he got permission from the council and was looking through all the paperwork he had, being 84 years old he tried to find as much information as possible. But he couldn't he apologised and said his wife who passed away 10 years earlier used to handle all the paper work. Then I asked for photo's which he found and promptly sent them to me, I then called for the sworn statement which he had done immediately no questions asked. The neighbour who mentioned about the boundary move is also a good friend of the vendor as they both have lived there for over 50 years. So I know he did not hide anything from me the polish guy is just trying his luck otherwise what was stopping him from moving the boundary before he has been there since 2008.
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Re: yet another boundary dispute

Postby arborlad » Tue Nov 01, 2016 11:38 am

mr sheen wrote:Permission was granted to move the boundary therefore that permission can be rescinded and now has been - this could mean you lose.

He didn't need to claim land that had been loaned by permission to a neighbour as oppose to taken by AP. He still owned it.




This all seems to be a bit far-fetched for an established boundary feature that been there since the property went from council to private ownership and then subsequent changes of hands with attendant conveyancers surveyors, etc., even if you conclude that the neighbour has knowledge of these events, which I don't think is the case.

The neighbour saw what he bought and bought what he saw - as did the OP.
arborlad

smile...it confuses people
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Re: yet another boundary dispute

Postby COGGY » Wed Nov 02, 2016 11:02 am

Hi Span

I accept your criticism and take on board your comments. This is an open forum and contributors will have different opinions. Imo that should not include such personal comments as

with 2CSE's in woodworking and nail knocking, like yourself Arborlad?


There is a fine line between disputing the statements of other contributors and making such disparaging and personal comments. Therefore I say again I accept your comments to myself whilst standing by my remarks to Mr. Sheen.

Friendly regards
Coggy
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Re: yet another boundary dispute

Postby Eliza » Wed Nov 02, 2016 1:59 pm

I disagree with people making nasty personal comments on forums too, but can understand that sometimes these are made to people that have made some themselves on other threads (which is something arborlad has been guilty of a few times that I've noticed).

Two wrongs don't make a right I know, but it is a point to bear in mind.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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