so fence being evicted after 32 years,while on holiday

Re: so fence being evicted after 32 years,while on holiday

Postby Sam46 » Tue Sep 05, 2017 5:26 pm

Tried to edit my 3rd post. but can not.
make mistake...not in right mind :oops: mixed up letters.
meant to say that they, In January her solicitor asked us to replace the 5 panels, Not move them back 2 inch to the point referred to... this and her legal right to remove if we did not was stated before by HER in 2011. in her letter after she claimed to have had legal advice.
was trying to say that she had not done was she claimed that she legally do. move back by 2in.
hope this now makes sense, after the above 2 posts.
SAM
Sam46
 
Posts: 18
Joined: Thu Jul 27, 2017 1:55 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: so fence being evicted after 32 years,while on holiday

Postby ukmicky » Fri Sep 08, 2017 12:44 am

To address her argument of trespass the Limitation Act 1980 says you were not.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4544
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: so fence being evicted after 32 years,while on holiday

Postby arborlad » Fri Sep 08, 2017 11:21 am

Sam46 wrote:Solicitors letter received January 2017.

Re our client Mrs xxx
We have been instructed to advise Mrs xxx the owner and registered proprietor of xxx address ( the property )
We note that you are the owners and registered proprietors of xxx address ( your property )

The primary source of the boundary line between any two properties is the conveyance whereby the ownership of those properties was divided.
According, Ascertaining the line of the boundary involves considering the relevant conveyance against the background facts which were available to the parties at the time of the conveyance. Therefore it is necessary to start when considering the line of the legal boundary with the 1929 conveyance.

Previously our client and her husband employed the services of a surveyor, from this they obtained a supplemental plan, this was extracted from the original plan to the 1929 conveyance. our client informs that this plan clearly pointed to a encroachment of approx. 2 inches by the wall and fence position.
This plan has been misplaced, however our client can confirm that you are aware of this plan.

WILL HAVE TO CARRY ON IN ANOTHER POST.SAM.INTERNET GOING OFF/ON DONT WANT TO BE TIMED OUT AGAIN.




This seems to be another example of a solicitor completely devoid of any knowledge on the subject.
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: so fence being evicted after 32 years,while on holiday

Postby Sam46 » Fri Sep 08, 2017 8:37 pm

Solicitor is... big on ...no win no fee... 85 miles from where we live as well :lol: unless that is insurance deal, can't see that though as " boundary dispute "

Not very good are they? asking somebody to pay out and replace their property to suit somebody else. and clearly know how long they have been in place. will put are reply to them later.

And have finally had feed back from community police officer who have spoken to her, although police said civil dispute when we first called. she is now lying to the police. She claimed that we were told by her solicitor... that she had the right to remove....so showed them the letter , says nothing at all about that, as you can see. did not even say what would happen if we did not comply.

She has also claimed to the PCSO that she had to do it ..to force the issue as we were not prepared to negotiate.. lying SOD also said that her solicitor had wrote twice after receiving our response in January ,apparently offering 3rd party mediation..and we wrote back twice refusing...looking forward to her solicitor producing those letters...

SAM
Sam46
 
Posts: 18
Joined: Thu Jul 27, 2017 1:55 pm

Re: so fence being evicted after 32 years,while on holiday

Postby arborlad » Sat Sep 09, 2017 8:57 am

I wonder if whoever they employed to carry out the survey used the footing rather than the wall to measure from, this would explain the fictional 2" they have conjured up, if it's a half-brick wall, that is the amount of footing that will be on their land, whatever, there is no compulsion, no force of law they can use to get you to make changes to an established boundary feature that has been in the same location for almost 90 years. Equally, there is no compulsion or force of law they can use to get you to make changes to a fence which both the neighbour and misinformed solicitor acknowledge is in your ownership. Your neighbours are being very poorly advised.
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: so fence being evicted after 32 years,while on holiday

Postby Sam46 » Sat Sep 09, 2017 5:08 pm

Hi.
There NEVER was a survey, she had wrote about this, making this claim back in 2001,16 years ago :)her husband denied to mine that they had ever had a survey ,never needed to as there was not a problem with wall/fence position.

In previous post of mine ..where they were going to erect their own fence, which they did in 2002, and left it for 3 weeks, removed it after we had adapted ours.
her husband brought the letter around SIGNED by both of them saying what they were going to do (erect their own at 6ft ). and no problem with the wall/fence position.
We also asked her husband when he dropped this off, If he would also confirm in writing that they had NOT had a survey/supplemental plan. he did this the following
day. AGAIN signed by both.she is just a liar. did include a copy of those letters when we responded to her solicitor.
Sam46
 
Posts: 18
Joined: Thu Jul 27, 2017 1:55 pm

Re: so fence being evicted after 32 years,while on holiday

Postby Sam46 » Sat Sep 09, 2017 5:17 pm

arborlad wrote:I wonder if whoever they employed to carry out the survey used the footing rather than the wall to measure from, this would explain the fictional 2" they have conjured up, if it's a half-brick wall, that is the amount of footing that will be on their land, whatever, there is no compulsion, no force of law they can use to get you to make changes to an established boundary feature that has been in the same location for almost 90 years. Equally, there is no compulsion or force of law they can use to get you to make changes to a fence which both the neighbour and misinformed solicitor acknowledge is in your ownership. Your neighbours are being very poorly advised.



Agree poor advice, but now that she has gone ahead and removed we are left to sort this mess out.
still not sure if she has done this off her own back, as she told the PCSO, or if after receiving our response her solicitor advised further. and nobody bothered to tell us what was happening with our property :x surly no solicitor in their right mind would suggest self help after. like you say almost 90 years.
SAM.
Sam46
 
Posts: 18
Joined: Thu Jul 27, 2017 1:55 pm

Re: so fence being evicted after 32 years,while on holiday

Postby jonahinoz » Sun Sep 10, 2017 7:34 am

You are responsible for the maintaining of this fence. and therefore responsible for privacy.

Hi Sam,

The fence is your responsibility. You are responsible if it somehow causes injury or damage. You are not required to actually have a fence, or maintain the fence if there is one.

The easy answer is to regard 2" (or 4") as too little to be worth fighting over. A dispute will affect the value of your property ... and hers.

She has chosen to reduce her privacy by demolishing your fence. Agree to come to a documented agreement with Her-Next-Door (HND) then remove the rest of your fence, which I understand you are entitled to do. HND will respond by erecting a new fence, to re-establish her privacy, as is her right ... provided it is all on her side of the agreed boundary ... and probably of the best quality, as she seems to be well-heeled (EG: can afford solicitors). No doubt she will send you the bill ... which you will ignore, it's not your fence.

The downside is that HND's fence will be 6ft high.

John W

PS ... Does the Land Register show her as the owner of her house? There would be no compulsion to include her on the Register when she married the previous owner, and her solicitor may not have amended the Register when her husband died. Probably did, if there were fees involved.
jonahinoz
 
Posts: 1346
Joined: Fri Aug 05, 2011 5:15 pm

Re: so fence being evicted after 32 years,while on holiday

Postby Sam46 » Sun Sep 10, 2017 7:44 pm

Hi Jonahinoz.

Yes she is registered owner. our solicitor has her deeds.
She actually removed her 3 sheds that were in front of our 4ft panels .. the 5 that she has now removed and replaced at 6ft.
All other panels were already at 6ft.I think that she wanted them all at the same height after her sheds were removed just to look neater. they were removed 7 years ago in 2010. so privacy and safety not urgent at all.
As our sheds x 2 still stand at 8ft,just behind the ( new ones ). I would say that she had more privacy/security in that area at 8ft than the whole length of the other 20 panels at 6ft.
Guarantee that as soon as this is sorted we will remove all fences and posts, just leaving the small wall that is on our property. for as long as it takes for her to erect her own fence for privacy/security and to contain her 3 Yorkshire terriers.
Then replace our fence again after she has paid out.. see how she likes it.
Not sure if she has money or not for solicitors, the one that wrote is a no win no fee specialist.
Not really interested what it is going to cost her, she has created this situation. damaged our property and now costing us.
We are not and have never been nasty people, but this is how she is making us. :(
SAM
Sam46
 
Posts: 18
Joined: Thu Jul 27, 2017 1:55 pm

Re: so fence being evicted after 32 years,while on holiday

Postby Sam46 » Mon Sep 11, 2017 1:37 pm

Response to solicitor letter.
quite long.. sorry.
will do in parts.

In response to your letter dated blah blah.

Our entire wall and 25 panels of our fence are not and never have been in , on or over your clients property.
When we moved into our property in 1985 the wall build in 1928 was already in place with a small picket fence on top.
In 1987 we replaced the picket fence with a 4 FT solid fence still on the top of the wall.
The bottom 5 panels that your client wants us to change have been in place for 20 years.
You have been informed that we erected a fence mid 90's.

In 2010 your client removed her 3 sheds that had been in place since 1970's,they were directly in front of our panels. our 2 sheds of 8ft height are still in place behind the 4ft panels. so no loss of privacy/security 8ft clearly higher that the other 20 panels at 6ft.
Sam46
 
Posts: 18
Joined: Thu Jul 27, 2017 1:55 pm

Re: so fence being evicted after 32 years,while on holiday

Postby Sam46 » Tue Sep 12, 2017 9:11 am

Reply to solicitor continued.

We are amazed that you have written asking us to replace our panels at our expense to suit your client.
We suggest that you inform your client that we are in no way responsible for your clients privacy/security.
Your client is being less than truthful.
Not asking for realignment in order to maintain neighbour harmony. There is no neighbour harmony as we have not spoken for over 17 years.
Your client is recently bereaved and living alone. Your client has lived alone since October 2010 when Mr xxx actually died. Going into 7 years is hardly recent is it.

We are aware of your clients CLAIM ONLY of a survey/supplemental plan. This was CLAIMED in several letters that were sent from your client in 2001, after we would not give into her demand to replace the entire fence to 6ft,as we were no long speaking, It was also CLAIMED that this survey cost over £800 in 2001.
Would a 16 year old survey have any legal standing anyway.

This very expensive survey was never acted on and instead Mr and Mrs xxx choose to erect their own 6ft fence in 2002.
Mr xxx was contacted regarding the survey CLAIM, Mr xxx was not aware of any letters that had been sent, and denied all knowledge of this survey.
Your client and her husband then erected their own fence which was left in place for just one month after we adapted ours to 6ft,Your client got her own way in the end. same position ,different height ,with the benefit that we had paid out. This is what she is attempting again.
Please see enclosed copy of letter A received from MR and Mrs xxx telling of their intention to erect their own fence.
Note the mention of" there is not and never has been a issue with the boundary fence position"
Clearly signed by your client and her husband 2002.
SAM
Sam46
 
Posts: 18
Joined: Thu Jul 27, 2017 1:55 pm

Re: so fence being evicted after 32 years,while on holiday

Postby Sam46 » Tue Sep 12, 2017 11:41 am

CONTINUED.
It is a pity that you were not able to see or supply a copy of this misplaced survey/plan. that was so expensive because it was magical, capable of changing from a 2in proven encroachment to 4in and then finally 6in depending on when/what year your client wrote.
Was it explained to you that this misplaced survey was 16 years old. If so why mention it. By your written word you know that the fence in question is not your clients, and you are aware just how long our fences have been in place. pointless letter.do you think that we will roll over.

This survey/plan has not been misplaced. As already stated it was verbally denied by your clients husband.
Please see enclosed copy of letter B. Dated one day later than letter A.
kindly given on request to ourselves by your clients husband.
As you will see written conformation that any survey/plan had never been obtained or required.
Note clearly signed by your client and her husband.
Pure fabrication by your client.

We confirm that we will NOT before, on or anytime after 27th January 2017 be changing any aspect of our fence or wall that is in our property.
Would you please inform your client of this.
If your client is not satisfied with this response we suggest.
1. your client erects her own 6ft fence, re in-store the previous one removed 15 years ago in order to reuse ours. or re in-store her sheds/buy new ones.
2. Start a court action for this DENIED ENCROACHMENT. which we will robustly defend.

End of .sent. signed for, as already stated had no reply.
6 month later panels removed.
SAM
Sam46
 
Posts: 18
Joined: Thu Jul 27, 2017 1:55 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Previous

Return to Boundaries

Who is online

Users browsing this forum: No registered users and 4 guests