yet another boundary dispute

pilavas719
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Re: yet another boundary dispute

Post by pilavas719 » Sat Feb 03, 2018 10:21 pm

MacadamB53 wrote:Hi pilavas719,

all I get from the video is a man being recorded against his wishes whilst he walks across his garden and someone (I assume it’s you) tries to engage him in a conversation that he doesn’t want to be part of - and then the someone is rude to the man because the man didn’t play ball.

kind regards, Mac
Thanks makes sense

liveinpeace
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Re: yet another boundary dispute

Post by liveinpeace » Sun Feb 04, 2018 12:55 pm

hi pilavas
I know how pigged off you are by it all(to put it mildly) but my neighbour has followed me about on several occasions, shouting at me telling me I have to talk to him,and how unreasonable I am. And all that has made me do is not want to talk. I have told him the only contact I want with him is through a solicitor or preferably a medium!

I think your case looks a lot more simple than mine, as he does not want access to your land or to take even more land.
I would be tempted if I was in your position to try and come to an arrangement (i know it will pain you to do so) could you not try to agree to put the fence half way along the width of what he is trying to take, that way you both save face, neither of you have had to completely give in to the other, and he doesn't get completely his own way.

I would much rather be dealing with a man who looks like a manual work man, than the three minted academics I have.

I would even consider hiring polish builders to do the fence, explain the problems you have had and get their help in mediating. I have spent quite a lot of time working with Polish colleagues and socialising with them (never drink polish vodka,its not worth it the next day!) I hope people don't think my next comment is not PC or typecasting but, something can be somewhat lost in translation and I have often found that the directness of speech can seem aggressive,but it is not meant that way,its just the sorry, thanks and pleases are not as widely dotted around the sentences as we tend to do in the uk. Even my Danish mate pulls me up saying, I would apologise if some one stood on my foot!
If I could find a way to end my dispute I would be made up

pilavas719
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Re: yet another boundary dispute

Post by pilavas719 » Sun Feb 04, 2018 8:51 pm

Hi Liveinpeace,

The issue is he knows he is wrong and still thinks he can take whats not his. I can't live with that. As mentioned before If I had evidence he rightfully owned that strip of land I would gladly give it to him but when he is flashing the title plan map in my face claiming the land is his I can't just agree with him.

I have tried everything and I have a lot of evidence on my side not sure what else he will conjure up also claiming the owner gave him permission to take the land just before selling make no sense whats so ever. The law is in place for a reason, to handle these type of persistent individuals, I too have a lot of polish friends who are quite embarrassed frankly as to one of there own country mans behaviour.

Not sure how else to handle this situation as the Courts are the only way now.

span
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Re: yet another boundary dispute

Post by span » Sun Feb 04, 2018 11:12 pm

pilavas719 wrote: Not sure how else to handle this situation as the Courts are the only way now.

You've already been told how else to handle this. What are you waiting for, one of us to do it for you?

liveinpeace
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Re: yet another boundary dispute

Post by liveinpeace » Mon Feb 05, 2018 8:40 am

you may want to read

Strong Enough To Bend

an inflexible army does not triumph
an unbending tree breaks in the wind

Tao Te Ching – Lao Tzu – chapter 76

lets hope Trump and Kim Jong-un read it too!

pilavas719
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Re: yet another boundary dispute

Post by pilavas719 » Thu Feb 08, 2018 10:32 pm

span wrote:
pilavas719 wrote: Not sure how else to handle this situation as the Courts are the only way now.

You've already been told how else to handle this. What are you waiting for, one of us to do it for you?

Hahahah Span I you're right and may go down that route but the issue is He removed my fence once. Whats stopping him from doing it again. And If he does break my fence what happens when I do end up taking him to court I might as well take court action now.

Courts are expensive but I hope that the judge will see I have done everything by the book and still he ignores my letters, survey and the law. Trust me I never wanted to argue with my neighbours but If you've tried everything to avert going to court and he still ignores you then I either put my fence back up or go to court I choose the latter. Look at other posts he has no right to just remove a fence without permission especially a fence he doesn't own. He has lied to me many times but I have caught him out, I have alot of evidence against him. I am not sure what he will present in court except what he's been showing me ( title plan).

Land registry act 2002 section 60 general boundaries rule, I have spoken to numerous boundary dispute surveyors, solicitors who have all told me it's in my favour, and read loads of case files which all judges use the general boundaries rule as their guide and evidence in front of them. TBH I am in no rush as I have the ten year lead time before I can take this matter to court and he won't be building anything there anytime soon.

MacadamB53
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Re: yet another boundary dispute

Post by MacadamB53 » Thu Feb 08, 2018 10:49 pm

Hi pilavas719,

I hope that the judge will see I have done everything by the book

the court will also consider whether you exhausted every reasonable option before taking it to court.

I’d suggest putting a new fence up after informing the neighbour not to remove it is one such option...

Kind regards, Mac

pilavas719
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Re: yet another boundary dispute

Post by pilavas719 » Thu Feb 08, 2018 10:59 pm

[/quote]the court will also consider whether you exhausted every reasonable option before taking it to court.

I’d suggest putting a new fence up after informing the neighbour not to remove it is one such option...

Kind regards, Mac[/quote]

Hi Mac,

That was the first thing I tried before getting a land surveyor in, when I got the builder over to take a look at the work he came out saying he will call the police, I may try it again.

pilavas719
Posts: 33
Joined: Thu Aug 25, 2016 9:01 am

Re: yet another boundary dispute

Post by pilavas719 » Mon May 27, 2019 11:09 pm

Hello All again,

Slight development, just received a letter from my neighbours now appointed solicitor. It is 3 pages longs and contains various attachments of the title plan from 1:1250 to 1:100 outlining my neighbours reasoning as to where his boundary is supposed to be.

Basically he is using the ordnance survey map and title plan as evidence to demarcate his boundary line, I serious don't know how to take this forward. any advice ?

Also consulted with my Barrister who just said "from a legal stand point it's nonsense".

Collaborate
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Re: yet another boundary dispute

Post by Collaborate » Tue May 28, 2019 7:48 am

pilavas719 wrote:
Mon May 27, 2019 11:09 pm
Hello All again,

Slight development, just received a letter from my neighbours now appointed solicitor. It is 3 pages longs and contains various attachments of the title plan from 1:1250 to 1:100 outlining my neighbours reasoning as to where his boundary is supposed to be.

Basically he is using the ordnance survey map and title plan as evidence to demarcate his boundary line, I serious don't know how to take this forward. any advice ?

Also consulted with my Barrister who just said "from a legal stand point it's nonsense".
My only advice is that you listen to what your barrister is telling you and don't try and second guess him or her by asking anonymous people on an internet message board.

cleo5
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Re: yet another boundary dispute

Post by cleo5 » Tue May 28, 2019 11:21 pm

Police do not deal with civil matters unless it is a " breach of the peace".

As Mac has suggested,

Get a fencer to put your fence up... and let the neighbour shout all he likes.
If he then knocks it down he is guilty of criminal damage.
The boundary is marked on the plan that came with the Conveyance you signed when you bought the property. That is what was sold to you and what you signed.
Your boundary, your fence/ wall.....all sorted.

pilavas719
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Joined: Thu Aug 25, 2016 9:01 am

Re: yet another boundary dispute

Post by pilavas719 » Wed May 29, 2019 12:15 am

cleo5 wrote:
Tue May 28, 2019 11:21 pm
Police do not deal with civil matters unless it is a " breach of the peace".

As Mac has suggested,

Get a fencer to put your fence up... and let the neighbour shout all he likes.
If he then knocks it down he is guilty of criminal damage.
The boundary is marked on the plan that came with the Conveyance you signed when you bought the property. That is what was sold to you and what you signed.
Your boundary, your fence/ wall.....all sorted.

Understood Cleo,

I wish it was that simple, everyone is advising me to mediate to resolve this amicably. I am not the fighting type.

Does anyone have experience with joint surveys what does the surveyor tend to based his report on, I have read extensively of boundary surveys and have an idea but would be nice to know of some actual outcomes.

cleo5
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Re: yet another boundary dispute

Post by cleo5 » Thu May 30, 2019 7:21 pm

Sadly sometimes you have to be forceful even if it is not in your nature.

I took Mac' s and others advice on here and kept my strip of land that I would otherwise have lost to greedy people.
And the stress was eased.
Got new neighbours on the difficult side now....old one has predeceased me.Peace!

Have had two land surveys done....worth having done if you get a good surveyor... But it is really only by checking previous deeds and various conveyences or old aerial photographs that you get the right boundaries.
Also copies of old planning consents and diagrams are useful....obtainable from Planning Dept.
Boundaries change over years but those marked on your property when you purchased it are those to go by i think.
Solicitors send queries re boundaries and fences/ walls etc to sellers on purchasers behalf and these canbe useful if you have kept these letters./ Emails or the documents.
If you give in to bullies then they continue their tactics.
In the end it is your choice as to what you do but your health is the most important thing .
I wish you well.

pilavas719
Posts: 33
Joined: Thu Aug 25, 2016 9:01 am

Re: yet another boundary dispute

Post by pilavas719 » Fri May 31, 2019 1:27 am

Thank you Cleo5,

I am just trying to be civil with these type of people. after all can't let these stupid animals change who you are.

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