Encroachment

Encroachment

Postby Weejeannie » Tue Dec 13, 2016 10:05 am

Hi
I bought my terraced cottage 23 years ago, the house already had an extension built at the back.
New neighbours moved in 3 years ago and are now claiming that my extension encroaches on their property.

They have already taken me to task over right of access, which is in the process of being settled, I think that they are not happy that they
have not won this and are hoping to get me another way.

I am at my wits end, I want to sell the property next year and I am scared that I will not be able to due to this issue.

Thanks
Weejeannie
 
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Re: Encroachment

Postby Weejeannie » Tue Dec 13, 2016 10:22 am

Hi

This is the first. I don't know if there is a time limit on encroachment. Surely this should have been picked up when they applied to buy the property?
Thanks
Weejeannie
 
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Re: Encroachment

Postby Weejeannie » Tue Dec 13, 2016 10:41 am

Thank you

I was just very concerned that they would start another battle with me, previous one was them blocking my access.

They say that the boundary should be from the mid point of the chimney, if that is the case then the extension probably does go over the boundary, however , the extension runs in a straight line with
the front of the house. House is Victorian so I can't contact the builders to check.

Stress stress stress
Weejeannie
 
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Re: Encroachment

Postby stufe35 » Tue Dec 13, 2016 10:57 am

Its very very difficult to get something knocked down that was built last week, let alone something that was built over 23 years ago.

They are just sore losers..ignore them and get on with your life.

Some people are born to moan...its frustrating when they live next door to you. You just have to learn to deal with it. Best done by ignoring them.
stufe35
 
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Re: Encroachment

Postby Weejeannie » Tue Dec 13, 2016 11:09 am

Thank you both for your replies

This has been going on since they moved in 3 years ago.

I had no desire to fall out with them, apparently they have had issues with neighbours before, took them to court and won.

I am trying hard not to stress about it, I just want to move away from them as my life and health are being affected.

I was so scared that I would be told to demolish the extension.
Weejeannie
 
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Re: Encroachment

Postby Weejeannie » Tue Dec 13, 2016 11:38 am

nothingtodowithme wrote:
Weejeannie wrote:Thank you both for your replies

This has been going on since they moved in 3 years ago.

I had no desire to fall out with them, apparently they have had issues with neighbours before, took them to court and won.

I am trying hard not to stress about it, I just want to move away from them as my life and health are being affected.

I was so scared that I would be told to demolish the extension.



From my own experience I suffered acute chronic stress,we won because our claim was successful but you still go through the stress to get there.
They attempted every conceivable tactic,one of which was making an application for strike out and summary judgement.
We successfully defended this application and won.
It was downhill for them from then on.
The sad thing about the whole case is that it took so long through the courts to get justice.
You will not be told to demolish your extension;it has been in situ for 23 years with no objection.



Oh that is awful, I know how stressful it can be, I live on my own , they use this to their advantage.

I am so glad that everything was successful but the strain on your health is terrible and the time to go through all the legalities is so drawn out.
3 years and counting !!!
Weejeannie
 
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Re: Encroachment

Postby Weejeannie » Tue Dec 13, 2016 12:09 pm

nothingtodowithme wrote:I was in year two of my dispute when i came upon this site.
Keep your chin up.
Friendly regards
Terri :)



At present they are having to make access at the bottom of their garden for me to be able to take my bins out.
I think that because they have lost this particular battle, they are trying to incorporate the encroachment into the mix, I doubt if they
will be allowed to do that at this late stage. I do think though that they will try it after the access dispute is over with.

Next court date for Answers to the Minute of Amendment is on 8th February, taking me into almost 3 and a half years.

Thank you for your support
Weejeannie
 
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Re: Encroachment

Postby Weejeannie » Tue Dec 13, 2016 12:46 pm

[/quote]

No they simply cannot incorporate encroachment into the mix,totally different issue!
Best wishes! :)[/quote]


We'll see what they get up to next, think they just go about ruining people's lives for the hell of it.

I managed to get all the legal stuff via my insurance company, I hope they are paying for this and that it costs them dearly.

Thanks again
Weejeannie
 
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Re: Encroachment

Postby Luigi Mario » Fri Dec 16, 2016 11:14 pm

Hello WJ

As a precaution can you read these following links and see if you relate to them:

http://www.nfh.org.uk/beyond-mediation/

http://bullyonline.org/index.php

It could be your neighbour has a grudge because they can't have their privacy. However, since personality disorders aren't studied in secondary schools, a lot of people aren't aware of the signs and try to mediate with those who just wired to run others into the ground. It could be nothing but you're not living with them, you're not hanging out with them but at the same time; you're becoming very stress because of them.
Luigi Mario
 
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Re: Encroachment

Postby ukmicky » Sun Dec 18, 2016 12:38 am

Due to how long ago the extension was built, if it was built on there land section 17 of the Limitation Act 1980 prevents them from getting it back .

Click on the link below and read


https://www.gov.uk/government/publicati ... tober-2003
Advice given is not legally qualified and you are advised to gain a professional opinion
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