New member and this must be a first for this forum

[peacemaker]

It was an email from the neighbour to my solicitor.

I should also highlight that the neighbour has stated that they will be 'instructing council' which I interpret as seeking counsel's opinion.

[peacemaker]

Another three weeks have passed and my solicitor has not heard back from either my neighbour or his appointed legal representative to disclose the evidence they have stated that will any court action. Another letter has been sent reiterating the consequences of ignoring correspondence.
Also, it's actually been two months since the pre action correspondence started and whilst there are no strict deadlines we're now beyond what is a deemed a reasonable time frame.
Just going back to one of Mr Sheen's point around compromise, my solicitor has advised that the main objective is the removal of the fencing so there is little to compromise insofar as making an offer to settle. I would imagine my insurers would accept this situation also.

[IdefixUK]

Do you know if the neighbour has appointed a solicitor?

[peacemaker]

Hi IdefixUK, no is the answer in short. However, if my neighbour had, as they stated they would do a few weeks back, surely we would have expected a response if only it was for a timeline extension request.

[IdefixUK]

Hi peacemaker,
Any developments, or does the head of the ostrich remain buried in the sand?

Regards

[peacemaker]

Hello IdefixUK, another fortnight has elapsed and still no response from the NFH or an appointed legal representative let alone the providing the winning evidence they claim to have.
They're playing a very dangerous game indeed.

[IdefixUK]

No doubt you'll let us know the next move from your side. It is becoming progressively harder for your neighbour to show that he is acting reasonably in this matter. Not that, from what you have posted, he has been 'reasonable' previously!
Has your solicitor checked recently to see if he remains the legal owner? If he has transferred the property to his sister in Australia he can bin all the letters you send him. (I think).

[peacemaker]

Still nada, almost three months and three letters and all my solicitor has received was the aforementioned email. As highlighted previously, we're now beyond what's is deemed a reasonable timeframe and I can't see a fourth letter making any difference so it will be ineteresting to find out what the next steps are.

If any one following this thread would like to predict as to what should happen next I would be very interested in your opinion.

[IdefixUK]

What does your legal team propose now? (Perhaps you would prefer not to say at the moment) I assume they must have a plan of action in the face of no response from your neighbour.

If you removed the fence yourself, and the neighbour just allowed you to do this, I cannot see that that would be a satisfactory situation because he could then rebuild it again once the dust has settled and you're back to square one. In that scenario would your legal insurers take up the case again? Bet your life they'll try to wriggle out of covering you somehow should this,or a related problem rear it's head in a year or two's time.(Generally legal expenses insurance is an annual contract) .

Whilst it would seem that your neighbour has gone out of his way to make life difficult for you, you are still able to access your property by car. It will be only a descision from a judge who will decide if the things he has done are a substantial interference to your rights. Only when you have that decision will you be able to put this matter to bed......unless there's an appeal.

What would I do now?...I'd take a short holiday with my family and promise myself not to even think about this situation for a week ... I think you deserve a break from this, look at it as being like an oil change and service for your car. If you don't do it things wear out and you risk breakdown.

Regards.