Where would you build? Imminent extension vs. unresolved boundary dispute

Collaborate
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Re: Where would you build? Imminent extension vs. unresolved boundary dispute

Post by Collaborate » Wed Oct 31, 2018 7:04 pm

Just thought I'd correct some errors -apologies for the capitals. see in the body of text below.
mr sheen wrote:
Tue Oct 30, 2018 8:20 pm
bunchem wrote:
Mon Oct 29, 2018 7:38 pm
Background

Questions
We need to decide where to build literally next week. What would you do if you were me?

delay or accept fence as boundary

The key questions in my mind are:

1 Why won't they provide their evidence? Does the fact that they're not supplying it mean it's insufficient?
there is no compulsion for them to provide their evidence until proceedings are initiated

NOT CORRECT - THEY ARE REQUIRED UNDER THE PRACTICE DIRECTION - PRE ACTION PROTOCOL, TO SUPPLY AND EXCHANGE EVIDENCE. GOOGLE IT. OR SEE THIS https://www.justice.gov.uk/courts/proce ... onduct#6.1

2 Would it be a mistake to not build in the disputed area if they won't show us any evidence? It seems wrong to cave in to this without putting him to proof.
building on a disputed piece of land is risky and can result in substantial costs if a legal dispute follows especially if he has deeper pockets than you and/or good evidence to support his position

3 Would a statutory declaration from my neighbour and his family members be sufficient proof as to the location of the boundary for the requisite period or would he need additional evidence?
a statement made by a person is low level evidence since memories fade and personal agendas can influence positions. Good evidence is objective documentary evidence and such evidence will outweigh statements by people

4 What is the worst possible outcome for us if we build in the disputed area and he succeeds in a trespass claim against us? In particular can we be ordered to demolish the encroaching wall?
he could get an injunction to stop the ongoing works which may cost you money and leave you with a mess or he could get the court to grant him the value of the land; either of which would probably result in you being liable for his legal costs

5 Can we be liable to pay his legal expenses if we have acted reasonably (asked for evidence, tried to negotiate, not rushed into it) and made a reasonable offer to settle which he has declined?
yes. Litigants are expected to behave reasonably and the Civil Procedure rules require all the actions you indicate, only if a party behave unreasonably will it influence costs. Declining an offer is not unreasonable, it just means the offer is not enough to get them to settle

IF THEY DO NOT COMPLY WITH THE PRE ACTION PROTOCOL THEY MAY BE DENIED SOME OR ALL OF THEIR COSTS EVEN IF THEY WIN.

6 Am I correct in my understanding that his legal expenses insurance will not fund costs incurred after a reasonable offer to settle has been made?
no. His insurance will be governed by the contract he has with the insurance company. The insurance company may look at an offer and advise him but that will be between him and his insurance company
YOU ARE CORRECT. HOWEVER WHAT YOU CONSIDER TO BE A REASONABLE OFFER MAY DIFFER WITH WHAT HIS LEGAL ADVISORS CONSIDER REASONABLE.
Hope my comments go some way to answering your questions

mr sheen
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Re: Where would you build? Imminent extension vs. unresolved boundary dispute

Post by mr sheen » Wed Oct 31, 2018 7:45 pm

Collaborate - start by identifying the 'claim' that you are referring to when you advise an LBA and that pre-action protocols have been activated to apply....when the OP has not supplied any evidence.
If I were the neighbour there is no way I would give the OP anything until he issues proceedings or gives me his evidence for challenging the position the fence is currently in. The OP has burden of proof since fence is in situ.

It would be useful Collaborate if you could be specific in your advice to the OP since you have advocated that the OP takes your advice since you claim to be a 'solicitor'.

Collaborate
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Re: Where would you build? Imminent extension vs. unresolved boundary dispute

Post by Collaborate » Wed Oct 31, 2018 11:20 pm

mr sheen wrote:
Wed Oct 31, 2018 7:45 pm
Collaborate - start by identifying the 'claim' that you are referring to when you advise an LBA and that pre-action protocols have been activated to apply....when the OP has not supplied any evidence.
If I were the neighbour there is no way I would give the OP anything until he issues proceedings or gives me his evidence for challenging the position the fence is currently in. The OP has burden of proof since fence is in situ.

It would be useful Collaborate if you could be specific in your advice to the OP since you have advocated that the OP takes your advice since you claim to be a 'solicitor'.
I answered this question on Tue Oct 30, 2018 9:36 am. Have you forgotten that already? I referred to trespass again later that day at 2:53 pm. You acknowledged this in your post at 4.45pm. do you need to call for the nurse? In that post of 4.45pm you wrongly stated that a letter before action does not compel the person responding to disclose their evidence. I set you straight on that. I have even posted a link to the relevant practice direction. To be honest I don't care whether you accept the truth of that or not. My posts are for the benefit of OP and not for you.

I don't expect you to hang on my every posting, but it seems clear that when it comes to court procedure and letters before action you haven't a clue what you're on about.

mr sheen
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Re: Where would you build? Imminent extension vs. unresolved boundary dispute

Post by mr sheen » Thu Nov 01, 2018 7:09 am

M'lud....my fence is trespassing on my land m'lud, give me some compo :D :D :D :roll:

bunchem
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Re: Where would you build? Imminent extension vs. unresolved boundary dispute

Post by bunchem » Fri Nov 02, 2018 5:58 pm

Thank you for your input collaborate

IdefixUK
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Re: Where would you build? Imminent extension vs. unresolved boundary dispute

Post by IdefixUK » Sun Jun 30, 2019 5:17 pm

bunchem,
Would love to know what happened in the end (..or is it still ongoing?) Any chance of an update to this thread please?
Regards

arborlad
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Re: Where would you build? Imminent extension vs. unresolved boundary dispute

Post by arborlad » Sun Jun 30, 2019 9:13 pm

bunchem wrote:
Tue Oct 30, 2018 2:08 pm

arborlad - I have fought for a new party wall from day one without success. I have offered a party wall with cash - no deal. I have never been able to reason with these people. I have spelt out that if we don't build a party wall and they extend there will be a gap in the middle - they will have to build in too - nobody wins. Sadly what seems logical to me falls on deaf ears.

Wife's occupation - structural engineer. I think the wife is probably a bigger issue that the husband. When I spoke to the husband face to face he said "make me an offer" (kerching). The husband just wants some money out. He also tried to extort some money out of me in connection with our loft conversion. The wife, however, wants us to rebuild a section of the party wall that they have caused structural damage to (a long time ago). I think the cost of that (and the nightmare of dealing with them that it would entail) will be more that the 24cm of land is worth to me.



Where are you taking that measurement from, does it include 10cm of post?
arborlad

smile...it confuses people

Roblewis
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Re: Where would you build? Imminent extension vs. unresolved boundary dispute

Post by Roblewis » Sun Jun 30, 2019 10:50 pm

I suppose you could sue for the damage to the party wall and use that as a bargaining chip - return the 25cm or you will simply amend your drawings to exclude the 25cm and sue for damage to the property.

IdefixUK
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Re: Where would you build? Imminent extension vs. unresolved boundary dispute

Post by IdefixUK » Mon Jul 01, 2019 7:03 am

Let's hope the OP responds to any notifications.
The last posting by the OP was some 8 months ago.

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