Search found 170 matches

by peacemaker
Mon May 11, 2020 11:31 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

For sure, I missed out one critical point though - the solicitor who recommended this settlement point has moved on and this case has been picked by another solicitor, still within the same legal firm, who has either overlooked this or is assuming that they can close this case quickly if I simply ac...
by peacemaker
Mon May 11, 2020 11:16 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

So I've received further correspondence on this matter and the other side do not wish this dispute to drag on further regarding the precise position of the boundary and will remove the fence but within 28 days now rather 14 as they previously advised. However, they have ignored one of the critical s...
by peacemaker
Tue May 05, 2020 2:26 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

Its fine and hope everybody is well in these strange times. To cut a long story short the other side have capitulated and agreed to take the fence down to avoid court proceedings and without mediation also. One sticking point that needs resolution before the fence is removed is we're likely to have ...
by peacemaker
Wed Feb 26, 2020 9:21 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

Hello Idefix,

A significant update, we're issuing Court proceedings this week.

More updates to follow.

Cheers
by peacemaker
Fri Jan 10, 2020 1:32 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

I hear your sentiments but why would I remove the fence myself at the 11th hour, surely this would be frowned upon in a court of law if I were to be seen to be taken matters into my own hands and in parallel seek injunctive relief at significant cost? My question is on process and if its deemed unre...
by peacemaker
Fri Jan 10, 2020 9:34 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

Sounds absurd! My gut feel tells me that the process of law cannot be stopped if someone has gone on holiday... Would it be lunacy to remove said fence since he is away? You'd know when he comes back as he would try to put it back up :) I agree the situation is absurd but as we have come this far i...
by peacemaker
Fri Jan 10, 2020 9:28 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

Hi Macadam, the key reason the fence is still there is because of the long drawn out and protracted legal process.
by peacemaker
Thu Jan 09, 2020 7:36 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

Hello All, an update for you as my solicitor has been in contact with me today on several points as follows. He has confirmed that he still has not received a response from the other side. He is going to send yet another open letter but without repeating my substantive elements of the claim. Instead...
by peacemaker
Thu Jan 09, 2020 12:28 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

Hi, so it transpires that my neighbour has left the country for several months which demonstrates to me he had no intention of entering into mediation despite his solicitor's proposal. I can only assume that the only option now is to issue the particulars of claim as I would think it would be unreal...
by peacemaker
Fri Jan 03, 2020 7:15 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

Happy New Year All. So unsurprisingly we have not heard back from the other regarding dates for the without prejudice meeting which incidentally they requested! We gave them three weeks to respond with a deadline of the 20th December plus we have allowed another two weeks due to seasonal holidays an...
by peacemaker
Tue Dec 24, 2019 11:29 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

Thanks UKmickey = very useful info.

Seasons greetings to all.
by peacemaker
Mon Dec 16, 2019 12:58 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

What about out of court settlements then in general?

For the avoidance of doubt in my particular case this is a without prejudice meeting which gives the other side an opportunity to avoid paying for my costs incurred to date.
by peacemaker
Sat Dec 14, 2019 9:02 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

Seasons greetings Idefix. We expect to agree dates for the without prejudice meeting next week with a view to it being scheduled in early January. I do believe we are just going through the motions as there isn’t anything to mediate without conceding our property’s legal right. We also have to demon...
by peacemaker
Tue Nov 12, 2019 3:43 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

Thanks both. We’re going to hold off issuing the particulars of claim which was the next step until this intervention, as that would be revealing our hand.
by peacemaker
Sun Nov 10, 2019 6:48 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29818

Re: New member and this must be a first for this forum

Hello all, we've received corresspondance from the other side and they have requested mediation, which to me appears to be a sea change. Has anyone taken part in the process and willing to share your experience. I would be grateful also for any other advice too.
Thanks.