My neighbour taking me to court ( advice pls )

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

Postby Roblewis » Tue Jun 09, 2015 10:07 pm

The onus was on the claimant to post the new evidence and so the OP has time to respond to the court if he wishes. He is not yet time bound as evidence has just been posted.

Whatever you write to the court will routinely be copied to the other party so do be careful. I would perhaps write to the court stating that the material submitted is no different to that previously submitted or was always available to the parties before the first claim arose - this claim being a simple repeat of the first claim. The claimant was advised to check his deeds before doing anything, as stated by the defendant the first time round, and he destroyed what was otherwise a sound but old fence that was owned by somebody else through his own failure to check. The claimant may not rely on positive covenants 115 years old that were agreements between the first house owner personally and the original vendor of the land. As the previous case dismissed the claim on the same evidence you therefore ask the court to consider striking out this claim before it returns to a court hearing.
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Wed Jun 10, 2015 7:00 am

arsie wrote:Hello again Jd007!
I would be interesting to see the restrictive covenants, just to confirm if they are relevant or not. What you said in the first case is as true as it ever was: maintaining a fence is a positive covenant and it 'died' with the first owner.

What you said (in blue) was very good imo:
Jd007 wrote:The hearing was about 15 mins long and judge decided CASE DISMISSED

Main reason was lack of evidence to say there was any kind of agreement or even if the fence for sure is my responsibility. Towards the end the judge started to read the deed and was highlighting the points about the fence should be kept in good order etc what I wrote from the deed couple weeks ago. At this point I said I don't have much knowledge on this but am I right in saying this is a "positive convinent" meaning it should not apply to me as I was not the person who signed this 115 years ago, Judge slightly smiled and stopped reading. And then said case is dismissed and if claiment can get good evidence to say it was my responsibility and that he is allowed to put up the fence and bill me he then has a good case.

Which point claiment said he will start another case and will this time pay a solicitor and will bill me once he wins.

I "won" today but I think this won't be the end.

Matey was told what new evidence he needed (in red) for a good case. However, what the judge said in dismissing the first case has not been written down in the court papers, has it? In which case, I don't see how the guys processing this second case can know what the first judge said. If they see documents not submitted before, how can they tell it is not new evidence? Nice :evil:

I am wondering if you might submit a brief response to the court ASAP pointing out why the first case was dismissed: I would use words very like what you said before that I have quoted above.

What do others think?


Hi thanks for your reply, I will write a letter to the judge pointing this all out hopfully it will work. Once I get back from work will copy the convinents and post them up : )
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Wed Jun 10, 2015 7:07 am

MacadamB53 wrote:Hi Jd007,

have I worked this out wrong or have you given the wrong info?

claim date = 29/03
letter date = seven weeks' later = 17/05
deadline = 14 days from letter = 31/05

so the deadline has passed and he's out of time...

Kind regards, Mac


Hi Mac the claim date is about right it was end of march but I was wrong about 7 weeks later it was around 12 days ago so that makes it's 8-9 weeks I think he got a reply back from court or send me the "evidence"

Sorry I got mixed up when he exactly started the case I will have to keep all my papers now and everything in one file I was hoping with such a big break in between the case was over
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Wed Jun 10, 2015 7:27 am

Roblewis wrote:The onus was on the claimant to post the new evidence and so the OP has time to respond to the court if he wishes. He is not yet time bound as evidence has just been posted.

Whatever you write to the court will routinely be copied to the other party so do be careful. I would perhaps write to the court stating that the material submitted is no different to that previously submitted or was always available to the parties before the first claim arose - this claim being a simple repeat of the first claim. The claimant was advised to check his deeds before doing anything, as stated by the defendant the first time round, and he destroyed what was otherwise a sound but old fence that was owned by somebody else through his own failure to check. The claimant may not rely on positive covenants 115 years old that were agreements between the first house owner personally and the original vendor of the land. As the previous case dismissed the claim on the same evidence you therefore ask the court to consider striking out this claim before it returns to a court hearing.


Thanks very much, yours and Arsie comments I will copy in to one and send to judge I hope it works
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Re: My neighbour taking me to court ( advice pls )

Postby MacadamB53 » Wed Jun 10, 2015 8:04 am

Hi Jd007,

my advice would be to stay on top of it - keep a file like you say, and mark dates on a calendar.

not having a go, but just think - how do we know you've got the facts of your story right if you haven't bothered to get a couple of very important dates right... (please take that in the spirit intended - I'm trying to help ;) )

All the best, Mac
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Wed Jun 10, 2015 9:35 am

MacadamB53 wrote:Hi Jd007,

my advice would be to stay on top of it - keep a file like you say, and mark dates on a calendar.

not having a go, but just think - how do we know you've got the facts of your story right if you haven't bothered to get a couple of very important dates right... (please take that in the spirit intended - I'm trying to help ;) )

All the best, Mac


Hi Mac, your 100% right all it could take is me making some sort of silly mistake or not being bothered for me to end up having some sort of problems in this case. Once I get home will put them all in one place and in dated order from middle of last year when it all started.

I'm going to write to the judge explaining what Arsie and roblewis said and maybe the judge might just throw it out. If he don't do I just sit and wait for further instructions from the court ?

The claiment did write in his evidence that I received yesterday that he has written to me but he received no reply from me. But a few people said to me the 1st case was dismissed he is now starting a 2nd case on same evidence just ignore him and only write or do what the courts say to you in the meantime ?

Thanks again for the help!
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Re: My neighbour taking me to court ( advice pls )

Postby Roblewis » Wed Jun 10, 2015 10:23 am

It would be possible to reply to the court re the last letter you received and say to the effect that "The letter dated XXYYZZ from the claimant was received but not responded to as it merely re stated information that had been taken in the first case and you could not see that it was asking for any specific response. In view of the impending second hearing, and the fact that you are not legally trained and are representing yourself, you felt that this matter would be part of the courts judgement.

The letter that was submitted to court with this bundle, is it simply a copy of the letter sent to you? If it is a letter the claimant I presume this refers to the other boundary that he fenced in. If so then it is also entirely irrelevant to any case concerning the boundary between the two parties. You could then add a sentence to this effect to the above. If it refers to your joint boundary then it is tantamount to stating the fence is His and not yours. A strange but Freudian slip maybe!!!!
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Re: My neighbour taking me to court ( advice pls )

Postby arsie » Wed Jun 10, 2015 11:40 am

Personally I wouldn't open the can of worms about who owns the fence. But I would politely ask the judge in court (if it comes to that) whether the neighbour is free to demolish the fence (again!!) or should it be left standing as it is now and, if so, could the judge so order please?

Good luck Jd007 whatever happens - keep us posted.
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Re: My neighbour taking me to court ( advice pls )

Postby MacadamB53 » Wed Jun 10, 2015 12:09 pm

Hi all,
neighbour's sols wrote:As far as I can deduce you are responsible for maintaining the boundry on your right
I wonder which direction he was facing! :lol: :lol: :lol:
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Re: My neighbour taking me to court ( advice pls )

Postby COGGY » Wed Jun 10, 2015 3:50 pm

Hi jd007

I sincerely hope this is sorted out for you very soon.

Best wishes
Coggy
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Re: My neighbour taking me to court ( advice pls )

Postby Roblewis » Thu Jun 11, 2015 12:00 pm

MacadamB53 wrote:Hi all,
neighbour's sols wrote:As far as I can deduce you are responsible for maintaining the boundry on your right
I wonder which direction he was facing! :lol: :lol: :lol:



Certainly it might not be the standard facing the front of the house method :D :D :D Could be the Austalian/Sth African method - Standing on your head with it inside a bucket of sand. :D :D :D
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Re: My neighbour taking me to court ( advice pls )

Postby zaax » Mon Jul 06, 2015 1:07 am

Jd007 wrote:
He also had a letter from his solictor ( very good friend of his ) who has written " further to the above matter I've had a look at a copy of the land registry for your property. As far as I can deduce you are responsible for maintaining the boundry on your right.



Which means nothing - a fence can be one strand of string tied between two canes.
BTW do you have legal cover with house insurance / union / club membership?
I know nothing about the law.
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Re: My neighbour taking me to court ( advice pls )

Postby arborlad » Mon Jul 06, 2015 8:40 am

nothingtodowithme wrote:http://www.oup.com



A live link with no explanation or reason is usually indicative of spam..........I for one will not be opening it.

Admin?
arborlad

smile...it confuses people
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Re: My neighbour taking me to court ( advice pls )

Postby span » Mon Jul 06, 2015 9:57 am

arborlad wrote:
nothingtodowithme wrote:http://www.oup.com



A live link with no explanation or reason is usually indicative of spam..........I for one will not be opening it.

Admin?


Your reasoning flawed, in that the poster is a long established and respected member of this site, whilst spammers are generally new members with low post counts.

I shall have no hesitation on opening the link.
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Re: My neighbour taking me to court ( advice pls )

Postby span » Mon Jul 06, 2015 9:59 am

nothingtodowithme wrote:http://www.oup.com


Oooh interesting. Tyvm for posting, ntdwm.

:mrgreen:
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