My neighbour taking me to court ( advice pls )

My neighbour taking me to court ( advice pls )

Postby Jd007 » Mon Jan 19, 2015 4:37 pm

Hi was wondering if anyone can help me please. 19 years ago we moved in to our house. Since then me and both my neighbours ( left side and right side) have ever removed or put a new fence up. Main reason because the fence has always been in good condition. 5 years ago a new family moved in to the right hand side of my house, after a few months he asked my grandad who stayed with us then who owns the fence my grandad said since we been living her we have never touched, fixed or repaired any fence so we don't know who owns it, the best advice is cheak the land registry papers to see please. Neighbour replied ok that's fine. Anyways few weeks later I come back from work the fence has been removed and a new fence is put up. I had no complaints as I thought he done it becuase he cheaked and it belonged to him. The problem started 4 months ago when he knocked on my door ( nearly 4 years later ) to say he has cheaked his land registry papers and the fence don't belonged to him and it belongs to me therefor I have to pay the sum of £1600 for the cost of the fence he put up. I said no chance you didn't ask me, we didn't have any agrement, you should have cheaked land registry papers back then.

My question is I have never in my life been to court he has taken me to a small claims court which is next month. I wanted to ask from what I have said and also in the evidence provided he admits there was no contact made with me the owner have I done anything wrong ? Should I be worried about anything ?
Jd007
 
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Re: My neighbour taking me to court ( advice pls )

Postby span » Mon Jan 19, 2015 4:55 pm

This sounds hilarious and I could use a good laugh. Please post up the details of his claim against you, what papers he lodged in court etc. Redact any personal email identfying info if you like.
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Mon Jan 19, 2015 5:40 pm

Hi thanks for your reply once I get indoors I will read it in full detail and post up. I'm sure on the claim it " for the cost of left and right hand fence" he wants me to also pay 50% cost for his other fence with his other neighbour because he said as he has already paid for my fence ( his mistake ) that he now had to fix his other fence so I therefor have to pay50% cost towards that also.

I will post up word by word of his exact claim once home. As evidence he said He has his recipt for the cost of the fence and also a picture of the fence which he said was falling down. Even if it was falling down he should have informed me that it's my fence and I would have changed it. It ain't fair that he removed the fence puts a new fence up then bills me a silly amount 4 years later.
Jd007
 
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Mon Jan 19, 2015 5:42 pm

I find the whole thing crazy. I really don't know where to start when. I go to court. I want to keep it small and simple when I speak in court I'm not too good with what the law says on this. I just want to explain what I've said here in court and I'm hoping there ain't anything I have done wrong but I really don't see how I could have
Jd007
 
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Re: My neighbour taking me to court ( advice pls )

Postby despair » Mon Jan 19, 2015 8:41 pm

He is barking mad and on a ridiculous goose chase

You never agreed to pay anything towards the fence

If he removed the fence and replaced it that's his lookout

Unless your deeds specifically say

"to forever erect and maintain "

No one can ever force you to have a fence let alone replace one or pay for one
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Re: My neighbour taking me to court ( advice pls )

Postby MacadamB53 » Mon Jan 19, 2015 8:44 pm

Hi,

I find the whole thing crazy

it isn't crazy to have a process such as the small claims court - definitely worth having than not.

it will be crazy if he wins though - but based on the details you've chosen to share the chances of him winning are as good as zero.

Kind regards, Mac
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Re: My neighbour taking me to court ( advice pls )

Postby MacadamB53 » Mon Jan 19, 2015 8:54 pm

despair wrote:He is barking mad and on a ridiculous goose chase

You never agreed to pay anything towards the fence

If he removed the fence and replaced it that's his lookout

Unless your deeds specifically say

"to forever erect and maintain "


No one can ever force you to have a fence let alone replace one or pay for one

Hi Jd007,

I'd recommend you dismiss the bit I've put in bold as it isn't relevant to your situation - the outcome wouldn't change even if it did state "to forever erect and maintain" in your deeds because your failure to comply with a covenant doesn't give anyone the right to do so on your behalf then recover the cost.

What there being such a covenant would allow the neighbour (assuming he owns the property benefiting from the covenant) to claim compensation for his lost benefit.

Like I say, irrelevant to your situation so forget it.

Kind regards, Mac
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Mon Jan 19, 2015 10:03 pm

Hi thanks for your replys. I have to send my neighbour and the court my evidence 14 days before our court date. The thng is what evidence am I suppose to exactly provide ? The law in many ways says I've not done anything wrong at all so I'm really confused on what I should exactly provide as evidence ?

I really can't afford to ask these questions to a solicitor and the fact everyone I've asked includes even this forum it's given me confidence to say I ain't done anything what so ever wrong. My work colleague said if anything he should be at fault for illegally breaking the fence as we both now know it didn't belong to him and it was mine.

So please if anyone could advice me on what possible evidence am I suppose to provide for such a claim?

Thank you
Jd007
 
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Mon Jan 19, 2015 10:11 pm

MacadamB53 wrote:
despair wrote:He is barking mad and on a ridiculous goose chase

You never agreed to pay anything towards the fence

If he removed the fence and replaced it that's his lookout

Unless your deeds specifically say

"to forever erect and maintain "


No one can ever force you to have a fence let alone replace one or pay for one

Hi Jd007,

I'd recommend you dismiss the bit I've put in bold as it isn't relevant to your situation - the outcome wouldn't change even if it did state "to forever erect and maintain" in your deeds because your failure to comply with a covenant doesn't give anyone the right to do so on your behalf then recover the cost.

What there being such a covenant would allow the neighbour (assuming he owns the property benefiting from the covenant) to claim compensation for his lost benefit.

Like I say, irrelevant to your situation so forget it.

Kind regards, Mac


Hi Mac,

Thanks very much for your comments, only thing that's stressing me is what kind of evidence should or can I possibly provide ? I was thinking of providing no evidence and my reason on paper would be 1) I was not contacted about the fence at any time in the last 4 years about the fence 2) we had no agreement in writing or verbally regarding the fence or the cost 3) if the neighbour was going to change the fence it was his job to cheak to make sure who the fence belonged to before carrying out any work.

Do you think if I was to say these three points only I will be ok. I don't really want to say much just hoping it's finished soon
Jd007
 
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Mon Jan 19, 2015 10:24 pm

Is there a law which says at all times there needs to be a fence between neighbours ?

Reason why I ask this we had a fence between us but my neighbour said to me I have evidence to say it was starting to fall over. I sods if that's the case you replaced it becuase you beloved it was your fence or else if you had tould me it was mine I would have fixed or put a new fence for us. Not now 4 years later! That's why it be nice to know by law do we need a fence between us it be nice to know thanks!

Also for me I know it's a scam he is doing on me. The quote price for the fence is around £650 for the days job with 4 wood fences. Yet my neighbour with his had written recipt is asking 1600
Jd007
 
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Re: My neighbour taking me to court ( advice pls )

Postby MacadamB53 » Mon Jan 19, 2015 10:25 pm

Hi Jd007,

a copy of the register entries and title plan for your property if it's registered, a copy of the paper deeds if not.
plus a copy of all correspondence between you both.
all for reference.

it's down to him to provide evidence to substantiate his claim.

he is either deluded/desperate/a chancer - the four year wait makes it all the more laughable/sorry.

Kind regards, Mac
PS you are not compelled to submit anything but I'd go with the above.
Last edited by MacadamB53 on Mon Jan 19, 2015 10:28 pm, edited 1 time in total.
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Re: My neighbour taking me to court ( advice pls )

Postby MacadamB53 » Mon Jan 19, 2015 10:26 pm

Hi Jd007,

Is there a law which says at all times there needs to be a fence between neighbours?

no there isn't - your neighbour is deluded/desperate/a chancer.

Kind regards, Mac
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Mon Jan 19, 2015 10:32 pm

MacadamB53 wrote:Hi Jd007,

a copy of the register entries and title plan for your property if it's registered, a copy of the paper deeds if not.
plus a copy of all correspondence between you both.
all for reference.

it's down to him to provide evidence to substantiate his claim.

he is either deluded/desperate/a chancer - the four year wait makes it all the more laughable/sorry.

Kind regards, Mac
PS you are not compelled to submit anything but I'd go with the above.



Thanks very much Mac, I feel much more at ease which the answers And comments I've read on here. I was get copy's of this all at send it.

I really am suprised the lengths some people can go to just to annoy neighbours or get money out of them
Jd007
 
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Re: My neighbour taking me to court ( advice pls )

Postby MacadamB53 » Mon Jan 19, 2015 10:55 pm

Hi Jd007,

could something that has recently changed prompted this? (eg. a fall out, someone moving in/out)

Kind regards, Mac
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Re: My neighbour taking me to court ( advice pls )

Postby mr sheen » Tue Jan 20, 2015 10:00 am

The burden of proof is his and his claim is hilarious!
Although you do need to go through all correspondence very carefully to ensure that there is nothing that could be construed to be an 'agreement' to pay anything for anything.

No law to have a fence...he who wants one puts one up and pays for it. So it will be determined by anything construed as an contract/agreement to contribute on your part.
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