3 not wise men

Re: 3 not wise men

Postby liveinpeace » Mon Jan 01, 2018 12:27 pm

happy new year everyone


so arborlad, even if a foot of my drive is on their plans and not ours, that will count for nothing,due to the time scale it has been like that and the fact it was exclusively used by our house? what is the amount of leeway you are given on deed measurements.

Our house since the 60s has been sold 6 times without any mention of boundary issues from the brothers of 39s parents,is this relevant to our case.


please can anybody tell me if we may be able to register a Caution Against First Registration for the land they have taken at the back,if they try to sell the property?
thank you in advance
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Re: 3 not wise men

Postby arborlad » Mon Jan 01, 2018 1:59 pm

liveinpeace wrote:happy new year everyone


so arborlad, even if a foot of my drive is on their plans and not ours, that will count for nothing,due to the time scale it has been like that and the fact it was exclusively used by our house? what is the amount of leeway you are given on deed measurements.

Our house since the 60s has been sold 6 times without any mention of boundary issues from the brothers of 39s parents,is this relevant to our case.


please can anybody tell me if we may be able to register a Caution Against First Registration for the land they have taken at the back,if they try to sell the property?
thank you in advance





It is not a question of measurements, they inherited the property with that wall in that location, you bought the property with that wall in that location - that's what matters. The time to take action on any real or perceived encroachment is as soon as you become aware of it, a delay of a few decades is nothing short of preposterous.

There is not, never has been, nor ever will be, any rights over your land to allow access to the rear of no.39, I am of the opinion they have created an entirely fictitious boundary dispute in a failed attempt to get you to grant such rights, it's a scare tactic - nothing more.
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Re: 3 not wise men

Postby despair » Mon Jan 01, 2018 9:41 pm

Time your solicitor told them in no uncertain terms they do not and never will have any rights whatever to access your drive or your garden and that the fence they installed is wholly incorrect and constitutes theft of your registered land and until its corrected it is they who gave caused a boundary dispute which will have to be declared to anyone purchasing the house they merely have power of attorney over ...they do not own it ..their mother does and they have stolen your land
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Re: 3 not wise men

Postby liveinpeace » Mon Jan 01, 2018 10:46 pm

thanks
we have really doubted our own sanity through the last year or so of this dispute,it can really mess with your mind when 3 people are fuming at you and cock sure they have done nothing wrong, you can really start to question if there is something you are missing, but this comes from being a reasonable person who would not consider acting in a way they have, it has been really good therapy to have such sound advice from such knowledgeable people. my husband has also been very grateful for me being able to vent to the forum and enjoyed the break from my constant ranting.
As soon as our solicitor is back in the office we are going to take the advice given,
the only reason he has been so amenable is to try and sort it out keeping our costs down and making sure we are whiter than white if it goes to court. we did hope originally some arrangement could have been found to keep the peace but it has gone way beyond that.
.
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Re: 3 not wise men

Postby arborlad » Tue Jan 02, 2018 7:41 am

liveinpeace wrote: Our solicitor said their reasoning,lack of evidence and demands wrere ludicrous and he thought he would be able to quash it in just a few letters.
he offered them to keep the back they had already taken(with the gate remaining blocked) and this would overly compensate them against the alleged front discrepancy.

they came back with a counter offer which was, to keep the land at the back,have the gate reinstated and a meter wide runway along our drive for their lawnmower.




Was this a request or a demand?.............if they are claiming to own land at the front, they can't at the same time claim to have rights over that same land. What they have done is developed their own land with insufficient land to do so and are now making spurious claims which will burden and devalue your land.
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Re: 3 not wise men

Postby Roblewis » Tue Jan 02, 2018 11:03 am

There are a lot of old wives tales and folklore around property ownership such as

1) If you manage to hide some defect BEFORE sale the Buyer Beware prevents any legal action
2) If you do not have access to your rear and the neighbour does they must give you access
3) You can go round and prune shrubs if they annoy you.
4) The boundary of a hedge is always the farthest point into the neighbours garden
5) Boundary trees belong to both of you

etc etc etc
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Re: 3 not wise men

Postby liveinpeace » Tue Jan 02, 2018 1:07 pm

thanks Rob
it would seem that boundaries are a particular part of the law that people seem to be completely unclear about. when our house was empty they cut down a mature fruit tree, dug up the concrete to put posts in,moved the fence over,put a gate in it,then just used our houses drive on a daily basis as if it was their own, so I don't think they really think any aspect of the law applies to them anyway!
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Re: 3 not wise men

Postby Roblewis » Tue Jan 02, 2018 1:57 pm

If you can confidently show that the boundary is as it was pre this dispute and fence move in the 1950s I would be tempted to make a final offer to return the boundaries to the position they were in before their father died. They will have to sell when the mother dies and this dispute will almost certainly inhibit the sale value.
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Re: 3 not wise men

Postby liveinpeace » Tue Jan 02, 2018 4:45 pm

we have just had a final letter from their solicitor, they say we have caused the dispute it could have easily been sorted if we had just given them the land and they will now be issuing court proceedings if we do not agree.
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Re: 3 not wise men

Postby arborlad » Tue Jan 02, 2018 6:38 pm

liveinpeace wrote:we have just had a final letter from their solicitor, they say we have caused the dispute it could have easily been sorted if we had just given them the land and they will now be issuing court proceedings if we do not agree.





Any possibility of a redacted/anonymised version of the letter please?
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Re: 3 not wise men

Postby liveinpeace » Tue Jan 02, 2018 6:53 pm

I would love to but it is in great detail. I don't really know how to make it anonymous, I really very much appreciate your interest and advice and I have definitely increased my vocabulary since reading your posts.
the main points are
we have been unreasonable and breached calderbank rules
the simple solution would have been to declare the drive shared access so we could park on the drive and they could access the back
why has our solicitor and us not agreed to instruct a joint survey so that the boundaries could be put back to 1958
why have we not shown them our deeds
they also say they have had uninterrupted access to our drive until we moved in.
but as my solicitor has just said uninterrupted to where, as we have pictures of a solid brick wall separating our property at the back until they removed it 2 years ago.
what did they do wander down the drive and just stand in the garden for a bit.

And I was going to try and do dry January !
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Re: 3 not wise men

Postby despair » Tue Jan 02, 2018 8:12 pm

They are trying it on

They simply cannot think that because the house was empty they had the right to use your drive
Chop down trees
Move fences
Install a gate
As many of us have said their claims are prepostorous

Just gather areial photos ,, i am sure the previous owner and many other neighbours will be happy to swear affadavits as to whats been there since 1950s
Sort that out pronto before the brothers have chance to try and nobble anyone ...the previius owner will know who you can trust

And tell the 3 brothers see you in court ........bullies always threaten but normally never follow through

So long as you have all the evidence together i cannot see a judge giving them anything

Do as much Leg work as you can that saves solicitors costs
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Re: 3 not wise men

Postby despair » Tue Jan 02, 2018 8:16 pm

There should be a link to Pilman by email somewhere on forum ...he is brilliant ...you can safely email him the stupid brothers letters

His advice will be an added bonus

If you cant find it on a search i will get it fir you
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Re: 3 not wise men

Postby Collaborate » Tue Jan 02, 2018 10:25 pm

despair wrote:There should be a link to Pilman by email somewhere on forum ...he is brilliant ...you can safely email him the stupid brothers letters

His advice will be an added bonus

If you cant find it on a search i will get it fir you


Best leave it for Pilman to offer his personal off-site advice before his email address gets passed around, surely?
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Re: 3 not wise men

Postby liveinpeace » Tue Jan 02, 2018 10:36 pm

Pilman sounds like a sage man, I hope one day to chat with him,
I also hope my solicitor is a good one,but he seems sound so far
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