Any advice would be greatly appreciated

Re: Any advice would be greatly appreciated

Postby thin and crispy » Thu Dec 15, 2016 2:16 am

nothingtodowithme wrote:Why am I not surprised? :mrgreen:

If you don't know, I can't help you. I don't think I have ever had a conversation with you this forum, so what's your problem with me? It's not about taking sides. It's about trying to help the OP.
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.
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Re: Any advice would be greatly appreciated

Postby thin and crispy » Thu Dec 15, 2016 2:59 am

nothingtodowithme wrote:
thin and crispy wrote:
nothingtodowithme wrote:Why am I not surprised? :mrgreen:

If you don't know, I can't help you. I don't think I have ever had a conversation with you this forum, so what's your problem with me? It's not about taking sides. It's about trying to help the OP.



Come on you know arborlads history on this forum don't act the innocent!

Until a few days ago, it had been several months since I was last on the forum. And even during those periods that I'm a regular visitor, I generally have better things to do than to keep notes of other people's posting history and disagreements. I'll terminate this particular conversation now as it is becoming apparent that it is only feeding your desire for attention. Try to get a good night's sleep, nothingtodowithme; I hope you'll be feeling less angry in the morning.
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.
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Re: Any advice would be greatly appreciated

Postby keepingfitgirl » Thu Dec 15, 2016 7:22 pm

Hi

Little update, my neighbour has now asked for a legal letter saying that the wall and fence is his and then he will stop all this so what do I ask my soliciter to write .

Any advice?

Thankyou in advance
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Re: Any advice would be greatly appreciated

Postby arborlad » Thu Dec 15, 2016 7:32 pm

arborlad wrote:
arborlad wrote:Some struggle with the concept that you can donate a boundary feature to an adjoining landowner without making any claim to the land it is attached to, if you can get your neighbour to accept the idea over a cup of coffee, this should put his mind at rest and be an end to the problem.




Have you considered this or is it a non starter?

Failing the above..............Dear Mr. Solicitor.


Please find enclosed two photos, the first shows your clients dilapidated fence, wholly on his land. This fence was removed by me at my expense and with your clients full knowledge and approval.

The second photo shows your clients new fence, wholly on his land. The new fence was supplied and erected by me, again, with your clients full knowledge and consent.

1: I make no claim to this fence, it is entirely your clients property.

2: I make no claim to the land the fence occupies.

Given the above, claims of encroachment or trespass are entirely false.

Your clients surveyor's report must be flawed and incomplete, no attempt was made to contact me or take any measurements on my land, if he had, the two points above would have been made clear to him and ended this matter.

It was expedient for me to carry out the above works before carrying out improvement on my land.




This could be easily re-formatted to suit the purpose.
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Re: Any advice would be greatly appreciated

Postby keepingfitgirl » Thu Dec 15, 2016 7:51 pm

We have had no contact with soliciter, neighbour wants wall and fence put legally in a letter stating it's his
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Re: Any advice would be greatly appreciated

Postby COGGY » Thu Dec 15, 2016 8:42 pm

This sounds highly suspicious to me. What will you do/think if you sign such a letter and then he takes away your lovely new fence and leaves a space. At the very least I would in your position need to receive a letter from his solicitor. You need to think this over imo. You have nothing to prove he has agreed to this, as you had nothing to prove he had agreed to your replacing the fence in the first place.
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Re: Any advice would be greatly appreciated

Postby MacadamB53 » Thu Dec 15, 2016 8:58 pm

Hi keepfitgirl,

is your side of the fence flush with the external face of the wall in question or is is set back?

Kind regards, Mac
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Re: Any advice would be greatly appreciated

Postby keepingfitgirl » Thu Dec 15, 2016 9:29 pm

It is flush mac.

I've never once assumed it was now my wall and fence, I just paid to have it put up because the previous ones were in a bad way and neighbour showed no signs of replacing them. We were having new put on our side and thought may as well pay to have all the way round as it would look nice and benefit both of us.

Like I've said I've never now claimed they are mine just coz I paid for them, I I always knew that if the neighbours wanted to change them they rightfully could but somehow didn't think they would anytime soon as couldn't afford to fix them or replace them in the first place,
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Re: Any advice would be greatly appreciated

Postby despair » Sun Dec 18, 2016 7:43 am

many of us have complained to admin about the posts from ...... nothingtodowithme

keepingitfitgirl your neighbour is without doubt unhinged and a vexatious litigant
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Re: Any advice would be greatly appreciated

Postby arborlad » Sun Dec 18, 2016 1:06 pm

keepingfitgirl wrote:Hi

Little update, my neighbour has now asked for a legal letter saying that the wall and fence is his and then he will stop all this so what do I ask my soliciter to write .

Any advice?

Thankyou in advance




That will cost you money, no reason why you should be further out of pocket. Might be better to have your neighbours solicitor to write it and have yours read and approve it before you sign.
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Re: Any advice would be greatly appreciated

Postby keepingfitgirl » Sun Dec 18, 2016 1:17 pm

I don't mind paying for it, I just want this all to stop.

Was going to ask soliciter to maybe write the wall and fences that seperate both properties belong to or are the responsibility of next door.

Surely that's all that can be written lol
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Re: Any advice would be greatly appreciated

Postby COGGY » Sun Dec 18, 2016 3:46 pm

Hi

I am not qualified legally but alarm bells ring to me about this neighbour. He is not to be trusted. I would advise you to do absolutely nothing for the time being.

Ask yourself why he agreed to you replacing the fence and even said it was good, then some time later brings up this dispute. There is a reason for his actions. Why has the position changed? What does he have to gain by your writing the requested letter? If the fence has been in situ for some time with no problems why is the letter necessary?

I would advise extreme caution. Be polite and friendly. If necessary tell him you are obtaining legal advice and you "cannot understand" why this is taking so long. Anything will do. Stay polite, calm and friendly.

Remember he has lied in the past so is extremely likely to do so again. There is a motive for his request. Once you have signed this letter you believe you will achieve peace. I say otherwise. Once you have signed this letter imo you will find the neighbour did indeed have ulterior motives. Once this letter is signed by yourself there is no way back.

Kind regards
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Re: Any advice would be greatly appreciated

Postby MacadamB53 » Sun Dec 18, 2016 4:16 pm

Hi keepfitgirl,

Once you have signed this letter imo you will find the neighbour did indeed have ulterior motives.

I am of the same opinion as COGGY.

what confuses me is that the wall in question was previously described as a party wall - the neighbour must be seeking to gain from something given this change of tune.

Kind regards, Mac
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