Any advice would be greatly appreciated

Re: Any advice would be greatly appreciated

Postby mr sheen » Sat Nov 26, 2016 8:55 am

The letter outlined above essentially accepts the assertions of the claimant (ie no defence is offered) and could result in the following.....
1 the neighbour takes down the fence and sells the panels......since it has been made clear that the fence is his property, the letter can be used for proof of his ownership
2 the neighbour then puts up a cheap/reclaimed pallet/wire fence further over to incorporate the wall, again the letter can be used to prove that the OP accepts that the original fence was wholly on his land and this could be interpreted as accepting that it is in the 'wrong' place and this is now being 'corrected'
3 the above or other issues could arise at any time in the future with new occupiers in either property, using the letter as evidence, hence leading to potential issues ad infinitum

This suggested letter just shows why the OP needs professional advice.....and why advice being offered here in the guise of 'legal advice' could cause even more problems.
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Re: Any advice would be greatly appreciated

Postby arborlad » Sat Nov 26, 2016 4:54 pm

mr sheen wrote:......since it has been made clear that the fence is his property, the letter can be used for proof of his (claimant) ownership




That was my intention............
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Re: Any advice would be greatly appreciated

Postby arborlad » Sat Dec 03, 2016 2:34 pm

One thread only please: viewtopic.php?f=10&t=20581
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Re: Any advice would be greatly appreciated

Postby ParallelLines » Sat Dec 03, 2016 5:47 pm

This seems a complex situation and it is not clear what the root cause is.

Doubtless my mistake but I am not sure about this breezeblock wall you mention, is that in the photos somewhere???

Perhaps the neighbour wants to extend to the boundary and now finds the concrete that surrounds the posts in the way. Maybe he didn't want the expense of shifting the fence???

It may seem harsh but if there is nothing in writing and he now finds posts and perhaps wall foundations on his land then I can see it could be a problem. Or it could be he is unhappy with your extension and is using this to extract revenge.

If it was me I would talk to a surveyor who specialises in boundary disputes to see what he/she thinks about it all. Defending via the legal route is a big call because it could turn out to be poor advice which leaves you with a huge bill.
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Re: Any advice would be greatly appreciated

Postby nigelrb » Sun Dec 04, 2016 5:50 pm

keepingfitgirl wrote:The soliciters letter says

. . . our client being liable for the maintenance of the shared boundary . . .


Belated response, but as the solicitor already acknowledges it's a shared boundary, he hardly has a case for encroachment!
Life is never what it seems; there is always two sides to every story.
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Re: Any advice would be greatly appreciated

Postby despair » Sun Dec 04, 2016 7:04 pm

Nice to see your still about Nigel
your input has always been invaluable
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Re: Any advice would be greatly appreciated

Postby keepingfitgirl » Mon Dec 05, 2016 4:14 pm

is that part of the house, the part that faces into my garden a party wall? (please see pic) he called it a party wall in report, neighbours house abuts mine. neighbour has spokren to us and now wants the brickwall at front of house and fence at back to remain but wants the pipes removed, from the part of wall/house that abuts which the surveyer has called a party wall in his report, nothing is attached to the wall/house , all screws and brackets have been removed, one pipe collects gutter water and goes into a pipe right next to the wall/house that goes into the soak away and the other is the soil pipe from my bathroom which goes into a pipe that runs underneath my extension into the manhole on the other side of my garden.

can he demand pipes be moved even though they are in my land and are not attached the the part of his house/wall in question


http://s1380.photobucket.com/user/Keepi ... t=3&page=1

thankyou
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Re: Any advice would be greatly appreciated

Postby despair » Mon Dec 05, 2016 5:08 pm

Your neighbour is unhinged

he cannot demand removal of Soil and Vent pipes that are on your land and not his or even attached to the party wall

it looks to me like a pipe from his house even runs into it

its perfectly normal to have an SVP come down in a corner like that and slam tight to the boundary

if it was mine i would have got the builders to sort out that monstrous junction at ground level in photo 1
thats a real bodge

your neighbour needs to see a doctor not cause this stress
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Re: Any advice would be greatly appreciated

Postby keepingfitgirl » Mon Dec 05, 2016 6:32 pm

Hi despair

The pic your looking at with the pipe in the corner is before the extension, that pic was put on just to show how the wall looks from my side, his house but a wall in my garden as such, that the surveyors report says is a party wall. Therefore I assume I'm allowed to screw things into it, however as I've said before we have taken the bracket and screws out to please my neighbour but now he is complaining the new pipes are too close to his wall. And could cause damage IF they were to burst!
The pics should be below of the new pipes

http://s1380.photobucket.com/user/Keepi ... sort=3&o=2


http://s1380.photobucket.com/user/Keepi ... sort=3&o=0
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Re: Any advice would be greatly appreciated

Postby despair » Mon Dec 05, 2016 10:55 pm

time he had something far more serious and possible to worry about
he is nuts
he needs a doctor

yes if it was my house i would have ensured a far far neater and better job was done but the risk of bursting and damage to his property
he has to be unhinged
even in the highly unlikely event it did thats what house /buildings insurance is for

its time this neighbour was deemed a vexatious litigant
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Re: Any advice would be greatly appreciated

Postby arborlad » Tue Dec 06, 2016 8:52 am

keepingfitgirl wrote: neighbour has spokren to us and now wants the brickwall at front of house and fence at back to remain




That's progress, presumably the claim of trespass and encroachment has also been withdrawn?
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Re: Any advice would be greatly appreciated

Postby keepingfitgirl » Tue Dec 06, 2016 11:33 am

This is all just verbal, nothing more from soliciters as yet but now claiming he wants pipes moved even though they are not fixed to anything of his and are in my land!!
Hineatly I'm so tire of it all :-(
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Re: Any advice would be greatly appreciated

Postby arborlad » Tue Dec 06, 2016 12:42 pm

keepingfitgirl wrote: however my neighbour is demanding them being moved still as if they burst could damage "his wall" , its only a gutter pipe that collects rainwater from mine and his house as we are terraced and the other is my soil pipe which has to go somewhere there as my bathroom is right above.
we have had building control out every step of the way with our extension they have seen all the works we have done and the new soak away underground in the middle of my garden and not once pointed out anything is wrong.




This arrangement of gutters, downpipes and drains or soakaways on terraced or semi detached properties is common practice, if you go to the front of your property or another neighbour you will find an identical or mirror image of what you've got.
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Re: Any advice would be greatly appreciated

Postby keepingfitgirl » Tue Dec 06, 2016 1:27 pm

the pipes are obviosly not the same now as other houses in my road as ive had an extension built and the 2 pipes have had to be moved to cater for that.

its like saying my dog had better not stand to close to the wall coz he "MIGHT" pee up it.

Its not like the pipes are presurised or anything, they would not burst, one could possibly leak if it became damaged but like ive said before, one is collecting rainwater and im sure that wouldnt be gushing out at an awful rate and the other would be at most a bath full amount of water coming out, this wall would get more wet whenever it rains which is quite often in the UK than if any of them "burst" like hes saying!!

If for whatever reason one did leak of course I would sort this out right away, however I can see no reason why any would as they are in place down the side of my extension and the wall in question, nobody goes down there to disturb them at all, they will be fine. I just can not understand how he can he can demand and think hes right me moving pipes that are in my land and not attached to anything of his!!

im so so stressed, on tender hooks everytime the postman comes!
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Re: Any advice would be greatly appreciated

Postby MacadamB53 » Tue Dec 06, 2016 5:03 pm

you're asking the same thing on your other thread - see my responses

viewtopic.php?f=10&t=20581
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