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.

[peacemaker]

Although a minor update it is significant, my neighbour has provided his solicitor details to my solicitor. It is yet to be determined whether or not we hear from this solicitor but he will be written to directly with enquiries as to their instruction on the matter.

[IdefixUK]

Hi. Just wondering if you have anything has happened worthy of an update?
Regards

[peacemaker]

No significant update other than my solicitor hasn't heard back from my neighbour's solicitors which seems odd. We would have expected at least an acknowledgement of some sort. What would be the point of instructing a solicitor but for them not to do anything?

[IdefixUK]

No significant update other than my solicitor hasn't heard back from my neighbour's solicitors which seems odd. We would have expected at least an acknowledgement of some sort. What would be the point of instructing a solicitor but for them not to do anything?

So what does your solic. suggest as next step?

[peacemaker]

I haven't asked yet but surely it can only be to push ahead by issuing legal proceedings.

[mr sheen]

You are the one initiating legal action. The neighbour need do nothing until 'particulars of Claim' are issued against him which gives clear and precise details of the assertions you are making and for which you believe you have the supporting evidence. Once 'particulars of claim' are issued he will need to follow the Civil. Procedure Rules and protocols and respond within the relevant timeframe.

The neighbour 'should' comply with pre-action protocols but it looks like he has asked you for the evidence supporting your assertions.....perhaps you can confirm that you have complied with all his requests and provided him with your bundle of evidence. If not then he could argue that you have not complied with protocols. He appears to have provided details of his solicitor who presumably is awaiting particulars of claim and supporting evidence. Unless you issue particulars of claim, you may not hear any more from him and you will have to decide if you intend to proceed or not.