New member and this must be a first for this forum

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ukmicky
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Re: New member and this must be a first for this forum

Post by ukmicky »

Nice
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SwitchRich
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Re: New member and this must be a first for this forum

Post by SwitchRich »

Yeah that's awesome and feel like win for you!
Thanks for keeping us updated here :)
arborlad
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Re: New member and this must be a first for this forum

Post by arborlad »

peacemaker wrote: Tue May 05, 2020 2:26 pm Our neighbour is basically saying that where is has erected the fence is not precisely on the boundary, instead the boundary sits within a foot on my side of the fence.



The law presumes you will fence to the fullest extent of your land, unless there is something we are unaware of, he'll struggle to prove otherwise.
arborlad

smile...it confuses people
IdefixUK
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Re: New member and this must be a first for this forum

Post by IdefixUK »

Splendid news. I am so very pleased to hear this . Get that undertaking.
Keep safe, and enjoy life!

Regards.
mr sheen
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Re: New member and this must be a first for this forum

Post by mr sheen »

Why would he have placed a fence anywhere other than on the boundary in the position that he perceived it?
I wouldn’t accept this.
peacemaker
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Re: New member and this must be a first for this forum

Post by peacemaker »

So I've received further correspondence on this matter and the other side do not wish this dispute to drag on further regarding the precise position of the boundary and will remove the fence but within 28 days now rather 14 as they previously advised.

However, they have ignored one of the critical settlement items which was to provide a written undertaking that they accept the full extent of our express right of way , namely that access to enter and/or egress from our property can be undertaken over any point of the mutual boundary. My solicitor explicitly called out that if the other side do not accept this position then the parties are clearly still in dispute.

I'm inclined to hold out for this written undertaking, especially as it was recommended by a barrister and solicitor but I would like to hear other people's opinions too.
Collaborate
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Re: New member and this must be a first for this forum

Post by Collaborate »

peacemaker wrote: Mon May 11, 2020 11:16 am I'm inclined to hold out for this written undertaking, especially as it was recommended by a barrister and solicitor but I would like to hear other people's opinions too.
Follow the advice of your legal reps rather than anyone here.
peacemaker
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Re: New member and this must be a first for this forum

Post by peacemaker »

For sure, I missed out one critical point though - the solicitor who recommended this settlement point has moved on and this case has been picked by another solicitor, still within the same legal firm, who has either overlooked this or is assuming that they can close this case quickly if I simply accept removal of the fence.
despair
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Re: New member and this must be a first for this forum

Post by despair »

I would want to follow the recomendation if solicitor and barrister .....otherwise knowing the history of your case they will find a way to wriggle and resurect the issue
ukmicky
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Re: New member and this must be a first for this forum

Post by ukmicky »

peacemaker wrote: Mon May 11, 2020 11:16 am So I've received further correspondence on this matter and the other side do not wish this dispute to drag on further regarding the precise position of the boundary and will remove the fence but within 28 days now rather 14 as they previously advised.

However, they have ignored one of the critical settlement items which was to provide a written undertaking that they accept the full extent of our express right of way , namely that access to enter and/or egress from our property can be undertaken over any point of the mutual boundary. My solicitor explicitly called out that if the other side do not accept this position then the parties are clearly still in dispute.

I'm inclined to hold out for this written undertaking, especially as it was recommended by a barrister and solicitor but I would like to hear other people's opinions too.
Go with your legal team
Any information provided is not legal advice and you are advised to gain a professional opinion
SwitchRich
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Re: New member and this must be a first for this forum

Post by SwitchRich »

This is great news for you! :)
Personally getting something in writing RE you ROW will be critical as you will always in the back of your mind know it can come back.
Now that they seem to be capitulating I would push for it.
peacemaker
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Re: New member and this must be a first for this forum

Post by peacemaker »

Hello All, I am happy to report that the fence has now been removed. My neighbour didn’t even bother with mediation, not that there was much to mediate anyway. For closure, I have requested a written undertaking from my neighbour as to the extent of our right of way so I can demonstrate to prospective buyers, should i sell up, that the dispute is resolved. I believe my neighbour would also benefit from closure too.

I would like to thank you all for your support, advice and contributions without which I may not have got to this outcome. I have certainly learnt a lot about property law and law in general, processes etc.

Ironically the fence came down almost two years to the date starting this thread and the fence came down as quick as it went up. To think about the energy, stress, rollercoaster of emotions that I went through and my immediate family but I persevered as the majority of you assured me that I had a rock solid case which was reinforced by barristers. So in summary I am eternally grateful for this amazing resource and collective that is Garden Law.

I thank you.
ukmicky
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Re: New member and this must be a first for this forum

Post by ukmicky »

Well done
Any information provided is not legal advice and you are advised to gain a professional opinion
IdefixUK
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Re: New member and this must be a first for this forum

Post by IdefixUK »

Hello Peacemaker,
IdefixUK wrote: Wed May 06, 2020 4:32 pm Splendid news. I am so very pleased to hear this . Get that undertaking.
Keep safe, and enjoy life!

Regards.
Congratulations, and thank you for keeping the forum updated on your case.
My own thoughts are that your side must continue to press for this undertaking.
Hopefully you'll let us all know when you have this.

Regards
arborlad
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Re: New member and this must be a first for this forum

Post by arborlad »

mr sheen wrote: Thu Apr 18, 2019 12:22 pm
arborlad wrote: Thu Apr 18, 2019 10:25 am
Although the easement element of the situation may not be relevant, the way the properties were laid out and used 'when first built', in all likelihood will be a mirror image of each other.
What???! Properties mirror image each other?
Says who?
"In all likelihood" is that a legal concept that stands up in court?



How many semi-detached farmhouses do you know of?
arborlad

smile...it confuses people
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