building an extension on a boundary

pondpaul
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Re: building an extension on a boundary

Post by pondpaul »

Hi everyone.
Sorry for not keeping in touch, I have been working away from home again.
Thanks for all the concern and the replies.
Here is an update for you all to contemplate on.
After we had the visit from the council surveyor saying that next door said he will move the wall back to the position that it is supposed to be in, but would need pemission to enter our land to do so, we had our solicitor send their solicitor a letter confirming that they can do so and we would like a reply before 14 days or the wall removed within 28 days.
It has been 30 days and had no reply, but we did get a letter from their solicitor saying that he has had no contact or replies with the next door neighbour since the original letter from him was sent last year and he has just forwarded all communications and reports on to them personally.
This sounds to me that he doesn't want to talk to anyone and is still sticking his head in the sand.
We have tried to sort this without going to court and by keeping the fees to a minimum, but how can we keep this from going to court when he won't reply to any letters or telling the council surveyor one thing and not doing it.
We have been told by our solicitor, because of his lack of comunication and co-operation, the courts will no doubt grant us full costs back due to having so much evidence against him and him having none.
He does own his own house, so even if he says he hasn't the money to pay back the costs, we will wait till he pops his clogs to get it back from the sale of his house and with the interest that is generated, it will add to a fair amount when we get older (better return than a pension). His kids won't be happy.
As for house insurance, it is not causing too much damage and they will not touch it until they feel the property has reached a substansial amount of damage (small print).
I'm going to wait two more weeks and get my solicitor to send him personally a final letter before court procedings start.

Thanks for all your comments.
Paul
mr sheen
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Re: building an extension on a boundary

Post by mr sheen »

He doesn't have to reply to you and doesn't have to engage a solicitor.
If and when you issue a claim, he will probably reply in order to conform to CPR.
You will only be awarded costs if you win and the amount of land in question is not considered as very minor and that you were not being petty. Once up it is unlikely that an order will be made to remove a wall but you may be 'compensated' for the amount of land you have lost (which is likely be small).
If I remember rightly about this case the surveyor commented on previous movements of the fences and unclear boundary & suggested a 'new' boundary - in which case neither you nor the neighbour wins outright and hence you may not be awarded costs.
pondpaul
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Re: building an extension on a boundary

Post by pondpaul »

Hi mr sheen
He did get a solicitor at the very start, who said he would not move it without a proper report being done, we have been informed by his solicitor that our neighbour has not contacted him since. The report we had done is in accordance with CPR, the surveyor sent them a letter and asked them if he could go round and have a chat to try and resolve it, we know that he doesn't have to reply, but we have tried on a few occasions to resolve this with an independant adjudicator, someone who is impartial so sort this out between us both, he doesn't want to speak to any of them. We even asked the council surveyor to try and talk to them to sort this out, which he did, they told the council that they would move it, I have it in writing from the council that he said to them that he would move it. We have tried and tried and tried to sort this out, but he just ignores everyone, so you think a court would go his way, somehow I don't think so.
The next step is to ask for a court injunction to stop him doing anymore work, this is just to test the water in a court to see if I have enough evidence put together to convince a judge I am probably in the right.
We do know nothing is certain in courts, but if we try our best to resolve it out of court, it cannot be our fault that we have to go to court.
Do you agree?

Thanks
mr sheen
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Re: building an extension on a boundary

Post by mr sheen »

I don't believe I said I thought the case would go his way...I said that the surveyor suggested a re-defined boundary so neither you nor the neighbour can outright 'win' which complicates matters in terms of costs. Even before it goes to court the surveyor is saying that this matter is so complicated and the boundary has moved so much over the years and is so unclear that a re-defined boundary is the best way forward. The surveyor further says that based on the re-defined boundary (as suggested by him) there is encroachment. However the neighbour is not working on the proposed re-defined boundary suggested by the surveyor he is working on the boundary as he sees it which is not unreasonable. If the surveyor cannot identify where the current boundary is to the extent that he sees the only way forward as a re-defined boundary this is a problem.

I am a detached third party looking at the info you have provided...I could fuel your enthusiasm and encourage you - yeah get the b****d, apply for an injunction, throw money at this to teach him a lesson (it's your money and there's no comeback on me!)....or I can review the info you have given (which may or may not be the evidence in the case since he is likely to have other evidence since there has been other moving of fences etc further complicating this case) and highlight issues that may require your further consideration before you jump in even further.
syckend
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Re: building an extension on a boundary

Post by syckend »

1. Remove anything like flashing that is attached to your property.

2. 30cms - 12inches - is not de minimus. That space is valuable for he is turning your property into a terraced property and decreasing its value by £10,000s . He must be stopped - so that it is physically impossible for him to complete the work.

3. It is good that your solicitor has stopped all external work but the civil law system is too slow, unjust and too inefficient for a ruthless individual like your neighbour,so in the meantime you must be just as determined to stop him completing the building You don't say how tall the extension is. If it is single storey get some railways sleepers or telegraph poles asap and wedge them in the space so that he cannot finish the roof. Then poke the sleepers or [anything else that will reach] up through the space each time he tries to encroach on your land.

3. He has trespassed on your property and is causing a nuisance. There is a legal remedy for that and you must in time be awarded compensation. However judges hate boundary disputes and justice cannot be guaranteed. Costs can mount and leave you with a huge sum to pay. So don't let him finish the job.

4. Get your fence up.

5. Let him and everyone else know that you are not going to roll over and let things go. Editing! - I see that the council surveyor did get involved but was ignored by your neighbour.

6. Get an injunction asap . You cannot guarantee that things will go your way but the fact that your neighbour is not replying will help your case. But you could stiil end up out of pocket.
I advise as an experienced layman whose dispute via Courts lasted 5+yrs. Try to avoid this route©
pondpaul
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Re: building an extension on a boundary

Post by pondpaul »

Hi everyone
Just got a solicitors letter from the nextdoor neighbour, he is going to move the wall but needs permission of me and a date to do it, I have given him three weeks notice for his builders to get sorted and another three weeks to move the wall.
We have asked for a reply before 18 days to confirm if he agrees to the terms we have put forward.
The best bit is, he has said to his solicitor, he didn't know we wanted it moved and we shouldn't have gone and done the report and got the solicitors involved and costed money, we should have just asked him and he would have moved it.
I'll let you know more soon.

Paul
pondpaul
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Re: building an extension on a boundary

Post by pondpaul »

Hi everyone
THE WALL HAS GONE.........
Next is to reclaim my money from the fees I have spent, I'll give him two weeks then I'll send him the bill.
I'll give him one month then its to the small claims court.

I'll keep you updated

Paul
pondpaul
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Re: building an extension on a boundary

Post by pondpaul »

Hi all
To date, hes had the bill for one week, three more and it's off to court.
Sudynim
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Re: building an extension on a boundary

Post by Sudynim »

He isn't under any obligation to refund fees which you have paid out during this dispute, and it will be interesting to see if a court can be persuaded they are recoverable as damages. I am sceptical, but please do keep us informed.
pondpaul
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Re: building an extension on a boundary

Post by pondpaul »

Hi
I had a letter from his solicitor at the start saying he will not remove the wall until I get a qualified surveyors report done saying that it encroches on my land and that I must not touch it, also the building work will not stop until it does, so in effect he has forced me to spend money to get the wall off my land and this is refundable in court as the report does show it was clearly on my land.

Thanks
pondpaul
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Re: building an extension on a boundary

Post by pondpaul »

Well its been a month since I sent him the letter, so just started the court action, just cost £60 and in all it won't cost no more than £150 total court costs.
He's got two weeks to reply from when the court sends him the letter, lets see what he does!!!!!!
Sudynim
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Re: building an extension on a boundary

Post by Sudynim »

Good luck, you certainly have the moral high ground but I'll be interested to see if the claim is successful in court.
ferdinand2000
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Re: building an extension on a boundary

Post by ferdinand2000 »

Well done on getting the wall moved, which I don't think would have been ordered by a Judge.

Usually istm that the best we can get in these situations is for an offending N to mitigate what they have done at a fairly small cost to them, unless they don't know just how much they will be able to get away with wrt planning and the courts.

Good luck with the costs.

F
pondpaul
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Re: building an extension on a boundary

Post by pondpaul »

Went to court last month and the judge said to come back with the boundarys sorted.
Just been back to court today, it took four minuets to sort it all by the judge, I have been awarded full refund of solicitors and surveyors costs plus court fees paid by him within 14 days, the judge said that he is lucky that I hadn't put more costs on to it as this could have cost him more.
As I said, I was in the right all the way....
Thanks for all the comments you have all given, but the case is now over as long as he pays, will let you know if he does.
COGGY
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Re: building an extension on a boundary

Post by COGGY »

Congratulations. This is vey good news.

Coggy
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