3 not wise men

Re: 3 not wise men

Postby liveinpeace » Thu Dec 28, 2017 3:38 pm

thank you arborlad
it may well be worth checking with my house insurance.
we have not been on holiday this year as we do not trust the brothers for trying it on with the front boundary,I have an elderly neighbour that I treat to free pies from my shop,who in return is on guard and ready to ring me,when i am at work if there is any funny business.

I have checked the terminology used on the solicitors letters I have received
this is a quote of the exact wording

He states that he is acting on behalf of the brothers, who themselves act on the terms of a lasting Power of Attorney on behalf of their mother"
if that makes things any clearer

thank you everyone it is nice to feel you have support and advice in these testing times
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Re: 3 not wise men

Postby Eliza » Thu Dec 28, 2017 4:36 pm

I would be inclined to think it's more to the point than ringing up if neighbours are trying it on to know where the outside tap and hosepipe is. Assuming the elderly neighbour is brave enough to "coincidentally" decide to start watering your garden with the hosepipe the second the neighbours were in it.

I know one of the things I had to do, in the event, to stop the neighbours trespassing into my garden was to quite obviously be prepared to decide to start watering my garden the second I saw them in it. I never actually had to use my hosepipe then as it happened, but it certainly came in handy to make it plain I wouldnt have hesitated to "coincidentally" decide to do so. They obviously didnt fancy getting a soaking :lol:
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: 3 not wise men

Postby pilavas719 » Fri Dec 29, 2017 1:04 am

Hello Live in peace,

Don't give in to bullies, they will threaten you until you give up. Im going through a similar issue where my neighbour is urging me to take him to court lol. I just don't understand how these type of people think.

Has your solicitor tried to negotiate with them, shown the evidence or mentioned that they have a weak case ?

I find it very strange that a solicitor would not give such advice in the first place. clearly they are in the wrong.
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Re: 3 not wise men

Postby liveinpeace » Fri Dec 29, 2017 11:40 am

Eliza, I could not trust myself with a hose,i just have to go in when I see them.

you do find yourself regularly seething, and far too much of our time and conversations and energy, have gone in to trying to work out their crazy logic and reasoning.Or what the hell angle they will try next, and what their next move will be.
The people who we bought the house off,who have known and grown up with the brothers since the 80s tried to negotiate and reason with them, and so did we at the beginning. But they are desperate to gain access to the back of their garden and they want to negotiate, but only if we completely agree to everything they want!! they honestly cant believe we are being so unreasonable, and genuinely believe they have done nothing wrong.

they have rather good careers and the solicitor and the surveyor that they have used are both friends of their,so they have been pretty much just doing what they say,whilst being very vague about the wording,lots of thereabouts kind of terminology. They seem to circulate with rather well to do folks. our mates are builders and electricians etc, and though its great to have such useful mates, i would love to have a solicitor friend!!
our solicitor has said their case is ridiculous and weak.But they are just hoping they can break us with the amount of money they have to throw at it and the influential friends they have. they are not used to not getting their own way.

we even found ourselves chatting about it over christmas dinner.
sorry that you are going through similar stress pilavas
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Re: 3 not wise men

Postby liveinpeace » Fri Dec 29, 2017 1:52 pm

just a though,can anyone answer this query

as their house is unregistered and ours is registered( and has been for 50 years), will there be a problem for them if they need to sell it and register it with land registry.
As the bit they have taken at the back is on our land registry plot, and the bit they are now trying to get at the front is also on our plot.
the moved fence has been up less than 2 years.
I am not trying to get it back directly.i just like the thought of them having some of the stress given back to them.
will the land registry have to contact us about the discrepancy. surely they cannot sell the house containing the back bit,if it is already registered to us.

we have a quite small garden(even smaller now) so 1ft widening to 2/6ft at the end of the garden over 60ft in length should show op on the plans. they have a garden over twice the size of ours.
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Re: 3 not wise men

Postby despair » Fri Dec 29, 2017 4:09 pm

Others will know better but i think you need to lodge a complaint with the land registry now

And watch out for them filing an adverse possesion claim but they have to occupy it for 12 yrs to do that unless they falsify more documents
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Re: 3 not wise men

Postby MacadamB53 » Fri Dec 29, 2017 4:25 pm

Hi liveinpeace,

we were assured by the estate agent that the seller... ...would be able to sort the gate out and have it removed

I’m guessing from the thrux of your postings that you never actually stipulated the removal of the gate as a condition of the sale?

now you own No 37, the simplest solution would be to erect a barrier directly beside the gate to deny access...

kind regards, Mac
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Re: 3 not wise men

Postby liveinpeace » Fri Dec 29, 2017 4:32 pm

thanks we have, we boarded it up and put a shed in front of it,so there is no getting through,
the previous owners of our property had to get a solicitor to try and get them to remove the gate, but the brothers would not mediate and insisted they would have to take them to court, opening up a full blown boundary dispute trying to prevent a sale going through, as they wanted to buy the house for next to nothing themselves
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Re: 3 not wise men

Postby despair » Fri Dec 29, 2017 4:43 pm

The lady who owned your property has a very clear case agsinst these 3 bullies for devaluation of her property
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Re: 3 not wise men

Postby liveinpeace » Fri Dec 29, 2017 6:53 pm

thanks mac
the lady who sold the house to us, had gone to the same pubs,clubs,street parties and neighbours BBQs with the brothers,there used to be a really strong community with everyone being good friends around here in the 80s and 90s, thats why she was so sure there had been some miss understanding by the brothers and that she could have a nice chat with them and show them there was no access on her deeds or theirs, she was willing to let them have the land they had taken, but genuinely thought they would just apologise and remove the gate. the last thing she expected was the reaction she got, of take us to court,

so thanks(despair) but she was really very personally upset by it all, she has had some serious health problems over the last few years,her solicitor made her aware she could have a case for the money lost by the brothers actions, but she just wants to put all the stress of what happened with the house behind her.she is a very gentle lovely lady who keeps saying how sorry she is that we are having all these problems with them,she is also really grateful for us buying the house,as she did not know what she was going to do.
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Re: 3 not wise men

Postby MacadamB53 » Fri Dec 29, 2017 9:08 pm

liveinpeace wrote:thanks we have, we boarded it up and put a shed in front of it,so there is no getting through,
the previous owners of our property had to get a solicitor to try and get them to remove the gate, but the brothers would not mediate and insisted they would have to take them to court, opening up a full blown boundary dispute trying to prevent a sale going through, as they wanted to buy the house for next to nothing themselves
you could have stipulated a barrier was installed prior to completion - voiding any claims from the wise men that your predecessor was fine with the arrangement.

anyhow, hindsight is a wonderful thing...

on with the problem at hand - their claim over half of your driveway.

I’d offer them the following options to consider:

1. they drop their claim (not likely...)
2. they drop their claim on condition you grant them a pedestrian right of way over part of your drive for a fair price
3. they drop their claim on condition you sell them the strip of land for a fair (but higher) price

and politely inform them that if they do not drop their claim they will be left with the status quo - no access to the rear garden of No 39 - be prepared to install gates with locks.

kind regards, Mac
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Re: 3 not wise men

Postby arborlad » Fri Dec 29, 2017 10:39 pm

arborlad wrote: What separates your front garden from your neighbours, likewise your front garden from your rear garden?
arborlad

smile...it confuses people
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Re: 3 not wise men

Postby liveinpeace » Sat Dec 30, 2017 10:50 am

thanks arborlad. I did post an answer when you asked before,hope this makes sense.
the drive at the front is separated by a low level wall,built by their father in the early 70s,
their drive is a good 2ft higher than our drive. this then stops and their extension continues along the line,then now (since they took down the brick wall that was there previously since the 60s) there are fence posts and wooden fence panels(which they placed a gate in). our garden now tapers gradually as they have taken over 2ft of our gardens land at the end.
their house is twice the size of ours and so is their garden.

thanks macadam
we did try to stipulate that the gate be removed before we went ahead with the purchase. The sellers instructed a solicitor and the brothers where completely uncooperative,insisted on letters only as a means of correspondence with the seller, waited the full legally allotted time between responses, would not at the time give their solicitors details,they seemed hell bent on a full boundary dispute. we had two options(as our house had sold quickly and we were living with friends) either pull out and look for another house, or fight the bullies. they were stood on the front shacking with rage shouting at us the day we moved in. They thought they had stopped any sale and their plan to back the lady into a corner, so that she would sell to them for next to nothing was working.

regarding the options mentioned.
there has never been any access or right of way over the our drive.
there has not been a gate in the fence in the houses history since they put one there when it was empty.
they have took our land at the back already.
the discrepancy at the front is less than a foot,the drive has been as it is since the 1960s
they have a massive drive.if we give up any of our drive we will not be able to park one car on it.
it is their fault they have built up to the boundary and internal work has blocked the garage.
we offered them originally limited access and to keep the gate with a lock on our side,they refused and said they needed it open all the time to take the lawnmower round the front weekly,and to put the bins away.
it is all complete madness.
aaarrrggghh and relax
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Re: 3 not wise men

Postby SJC14 » Sat Dec 30, 2017 10:51 am

Their house extension needed planning permission and that will have detailed images and plans on it. It would be very interesting what boundaries they claimed as part of the planning process. They should be online and free for you to download. If not email the council planning department and ask for them.

I would also check what council tax they pay as a 2 bedroom house with a single occupant pay significant less than a 4 bedroom with 3 adults in it.
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Re: 3 not wise men

Postby liveinpeace » Sat Dec 30, 2017 10:57 am

we have viewed the plans and yes it is the same as the land registry and our plans,the extension does come to the boundary on the plans, yet they say that our plans and the land registry are wrong!
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