yet another boundary dispute

Re: yet another boundary dispute

Postby pilavas719 » Sun Oct 30, 2016 11:26 pm

Hello All,

Not sure how to handle this but after trying to explain to my neighbor that the boundary was always in the place it was for nearly 40 years and not agreeing to this ?

How can I make this man understand that if we go court he will lose, I know it will cost alot but he should understand sense.
Reading other people's boundary issue mine seem to be more straight forward. I spoke to the neighbor opposite me today who told me the boundary was moved but the was done back in 1980 and was given permission by then owner's and was done under council's permission at the time but unfortunately I tried the council's planning department and they had nothing to hand.

Gladly the previous owner has been very helpful by sending me pictures and a sworn statement. This is really doing my head in but he has not tried to build anything yet not sure how long he will be like this also he has not responded to any of my solicitor letters.

If he knew he was right he would have claimed the land with the previous owner.

I just hope this nightmare ends soon as this is the last thing you expect when buying a house especially the day after you move in lol.
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Re: yet another boundary dispute

Postby COGGY » Sun Oct 30, 2016 11:35 pm

It is quite likely that the neighbour knows he is in the wrong, does not want to admit this and is simply hoping the problem will go away. Do you have access to the fence he has removed? Could you have it re-instated? If so you could then ask him to re-imburse you for the costs involved and if he refuses take him to the Small Claims Court. Bullies do not like having to admit they are in the wrong. Regards Coggy
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Re: yet another boundary dispute

Postby MacadamB53 » Mon Oct 31, 2016 12:36 am

Hi Fazil,

he has not responded to any of my solicitor letters

re the lack of activity - did the letters tell him not to try building on your land?

Kind regards, Mac
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Re: yet another boundary dispute

Postby mr sheen » Mon Oct 31, 2016 8:31 am

Fazil Mohobuth wrote:
How can I make this man understand that if we go court he will lose

I spoke to the neighbor opposite me today who told me the boundary was moved but the was done back in 1980 and was given permission by then owner's and was done under council's permission


If he knew he was right he would have claimed the land with the previous owner.

I just hope this nightmare ends soon as this is the last thing you expect when buying a house especially the day after you move in lol.


Take him to court - You can make him understand he will lose IF he loses in court

Permission was granted to move the boundary therefore that permission can be rescinded and now has been - this could mean you lose.

He didn't need to claim land that had been loaned by permission to a neighbour as oppose to taken by AP. He still owned it.

It can end today...forget it and move on...life is full of choices.

A court will consider all the evidence and decide who owns the land.....so take the matter to court and let a Judge decide. BUT......court is a gamble and your case is not the foregone conclusion you keep asserting.
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Re: yet another boundary dispute

Postby pilavas719 » Mon Oct 31, 2016 10:36 am

Permission was granted to move the boundary therefore that permission can be rescinded and now has been - this could mean you lose.


How can this be right ? This was done way before we both bought our property's and he bought it knowing where the boundary is and I did the same only when I moved in then he decides to move the boundary I mean This surely can't be right.

My point is I have had a land survey done, had a professional look at the conveyancing docs and found nothing highlighting his ownership of the land, The only evidence he has is his title plan which the land registry mentioned in writing that these are not exact boundary readings and should not be used as such.

Reading up on adverse possession the reason why for this is to protect people like me who just bought a house or piece of land and having a third party claiming there stake on it. I bought the house knowing where the boundaries are as did my neighbour.
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Re: yet another boundary dispute

Postby COGGY » Mon Oct 31, 2016 3:36 pm

Hi
It does begin to look as though your Vendor was not as honest with you as he could and should have been. Has your solicitor discussed this with the Vendor's solicitor? Regards Coggy
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Re: yet another boundary dispute

Postby pilavas719 » Mon Oct 31, 2016 8:08 pm

COGGY wrote:Hi
It does begin to look as though your Vendor was not as honest with you as he could and should have been. Has your solicitor discussed this with the Vendor's solicitor? Regards Coggy


Before completion everything was fine, I was in direct contact with the vendor he even let me start moving in early, No one knew what was going to happen after. Once I moved in on the 12th of July we settled in fine then the morning of the 13th
I saw my polish neighbour taking measurements as I was on my way to work.
When I spoke to him on my return after he had already dug his foundation I immediately called the vendor who was stunned and promised to assist me in whatever way possible he also did mention that he got permission from the council and was looking through all the paperwork he had, being 84 years old he tried to find as much information as possible. But he couldn't he apologised and said his wife who passed away 10 years earlier used to handle all the paper work. Then I asked for photo's which he found and promptly sent them to me, I then called for the sworn statement which he had done immediately no questions asked. The neighbour who mentioned about the boundary move is also a good friend of the vendor as they both have lived there for over 50 years. So I know he did not hide anything from me the polish guy is just trying his luck otherwise what was stopping him from moving the boundary before he has been there since 2008.
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Re: yet another boundary dispute

Postby arborlad » Tue Nov 01, 2016 11:38 am

mr sheen wrote:Permission was granted to move the boundary therefore that permission can be rescinded and now has been - this could mean you lose.

He didn't need to claim land that had been loaned by permission to a neighbour as oppose to taken by AP. He still owned it.




This all seems to be a bit far-fetched for an established boundary feature that been there since the property went from council to private ownership and then subsequent changes of hands with attendant conveyancers surveyors, etc., even if you conclude that the neighbour has knowledge of these events, which I don't think is the case.

The neighbour saw what he bought and bought what he saw - as did the OP.
arborlad

smile...it confuses people
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Re: yet another boundary dispute

Postby COGGY » Wed Nov 02, 2016 11:02 am

Hi Span

I accept your criticism and take on board your comments. This is an open forum and contributors will have different opinions. Imo that should not include such personal comments as

with 2CSE's in woodworking and nail knocking, like yourself Arborlad?


There is a fine line between disputing the statements of other contributors and making such disparaging and personal comments. Therefore I say again I accept your comments to myself whilst standing by my remarks to Mr. Sheen.

Friendly regards
Coggy
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Re: yet another boundary dispute

Postby Eliza » Wed Nov 02, 2016 1:59 pm

I disagree with people making nasty personal comments on forums too, but can understand that sometimes these are made to people that have made some themselves on other threads (which is something arborlad has been guilty of a few times that I've noticed).

Two wrongs don't make a right I know, but it is a point to bear in mind.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: yet another boundary dispute

Postby pilavas719 » Sun Jan 28, 2018 11:47 pm

Hello All,

Returning to my boundary dispute, not much has happened since my last update apart from my neighbour not building anything and just left a trench on the side where I'm suppose to drive my car through to get to my Garage.

Also recently he has built a small summer house at the back and has ran electrical cables down the side of the boundary more on my side which he claims is his. My only issue is He is just being very unreasonable, I tried to explain to him I just bought this house and him having lived here for 8 years has only decided to move part of the boundary the day after I complete.

He has refused my surveyors report and solicitors letter asking him nicely to restore the fence. He just wants me to start court action only then will he start to communicate. I am beginning to doubt myself whether all the legal advice I have paid for are right and he is wrong or vice versa.

What do you guys suggest, I could just put my fence back up in its original location as to when I bought the house and move on but I don't want confrontation.
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Re: yet another boundary dispute

Postby MacadamB53 » Mon Jan 29, 2018 12:31 pm

Hi Fazil,

I’ve posted a few times on this thread to ask for clarification and, unless I’ve missed them even after re-re-reading, you’ve not addressed any of my questions.

so I’m out.

kind regards, Mac
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Re: yet another boundary dispute

Postby jonahinoz » Mon Jan 29, 2018 4:58 pm

Also recently he has built a small summer house at the back and has ran electrical cables down the side of the boundary

Hi Pilavus,

I trust his new wiring complies with the relevant regulations. It might need to be signed off by a competent electrician.

602
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Re: yet another boundary dispute

Postby pilavas719 » Tue Jan 30, 2018 12:13 am

MacadamB53 wrote:Hi Fazil,

he has not responded to any of my solicitor letters

re the lack of activity - did the letters tell him not to try building on your land?

Kind regards, Mac


Hello Mac,

Really sorry I did not address your above reply and previous once.

Land encroachment is 12 inches in depth and 6 metres in length
My solicitor advised to take the gentle approach and write a courteous letter asking him to refrain all activities while we look over the deeds and maps etc... to see If there are any issues.
My solicitor could not find anything within the paperwork so he sent another letter to say please restore the fence and should you object please get in touch.
3rd letter was that I was going to restore the fence and then charge him for it so when I got builders around to quote me , my neighbour cam out threatening me to call the police.
I then stopped and at around that time I had asked the previous owner to provide an affidavit to say the boundary has always been in that location.
the following day I made a copy and knocked on my neighbours door showing him the affidavit he made out he was reading it and then said he got permission from the previous owner of my house to move the boundary which I then asked why he waited so long to move the fence the day after I moved in he just said he was saving for materials, I then point in the affidavit showing him I have written proof that the previous owner said he never gave you any sort of permission to build or move the boundary he then said no no that a lie and said take me to court I have money, I then saw him in his Garden talking on the phone in a panicked state not sure who he was talking to, then 2 days later he puts a letter stuck on m y door suggesting a joint survey, Since I had moved into the property recently I had no idea what the surveyor would conclude so I decided to do my own and I asked the surveyor to just give me his honest true opinion which he did and made sense. My surveyors opinion was of the general boundaries rule and the fact I bought what I saw by mentioning the estate agent brochure of the house which made sense.

Under the instruction of my solicitor he suggested we send him the report and give him another 14 days, he completely ignored. then on the final solicitors letter mentioning court action did he respond and was by email stating the report to be biased and completely one sided, he also goes on to say he would have wanted to be involved in the report and then suggested ADR. I then wrote a letter back suggesting for him to do his own survey and we can then compare, I did not hear anything else for a year or more until he build his summer house and began passing wires on the boundary line which I then confronted him I even tried talking to him nicely but he just told me to f off and gave me the finger.

I need to do this for my own peace of mind and my family, If I let me take this patch he will take more in future and he even suggested he can't turn straight into his drive as there is a lamp post in the way and he would take more so he can drive straight into his drive.

I came here asking for advice and support on this issue and is great appreciated and makes me feel confident that I am doing the right thing, I know it will cost a lot but surely the judge will understand I have done everything to prevent this from ever going to court, He is jsut being difficult because he knows I can't do anything until courts get involved.
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Re: yet another boundary dispute

Postby pilavas719 » Tue Jan 30, 2018 12:15 am

jonahinoz wrote:Also recently he has built a small summer house at the back and has ran electrical cables down the side of the boundary

Hi Pilavus,

I trust his new wiring complies with the relevant regulations. It might need to be signed off by a competent electrician.

602


I checked with local council and they said they can't do anything over the wire lol what a joke. Make you wonder what they actually do at the council. I have the previous owner on my side although he is 85 years old he sympathises with me and will help me no matter what.
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