Boundary

Paddock
Posts: 355
Joined: Thu Jan 03, 2019 3:37 pm

Re: Ongoing Boundary dispute

Post by Paddock »

span wrote: Sun Aug 21, 2022 4:06 pm Your parents position seems pretty secure, on the information you've supplied.

They need do nothing. Let the neighbour say or do as they please, there's no need to interact further with them.

That leaves the only action for the neighbors is to put up or shut up - take it to court.
Agreed. They are just trying to get something for nothing. This will never go to court. Will cost them far more money than it is worth.

Paddock
Cosmos2000
Posts: 25
Joined: Thu Mar 31, 2022 8:26 am

Re: Ongoing Boundary dispute

Post by Cosmos2000 »

Hi

It really is beyond belief how they are funding their solicitors costs and eager to issue court proceedings. The neighbours are in their late 40's choose not to work and milk the benefits system for these type of greed.

Think this may be a case that will drag on for a while with further threats, accusing us of false content with no evidence.
Cosmos2000
Posts: 25
Joined: Thu Mar 31, 2022 8:26 am

Re: Ongoing Boundary dispute

Post by Cosmos2000 »

Hi

Any thought on approx costs would be incurred by neighbours if they do take this to court.
Surprised their solicitor is entertaining this conduct with no substantive evidence since their initial claims since March 2021.
MacadamB53
Posts: 8698
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Boundary

Post by MacadamB53 »

Cosmos2000 wrote: Mon Aug 29, 2022 9:55 pmHi

Any thought on approx costs would be incurred by neighbours if they do take this to court.
Surprised their solicitor is entertaining this conduct with no substantive evidence since their initial claims since March 2021.
best stick to one thread
Collaborate
Posts: 3675
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Boundary

Post by Collaborate »

If I understand it correctly OP's parents have solicitors paid for by legal expenses insurance.

Despite the parents having actual, real life solicitors OP is coming on here, giving a tiny fraction of the information available to parent's solicitors, and asking for advice.

If OP's parents have any sense they will listen to their solicitors and disregard advice from elsewhere.
Cosmos2000
Posts: 25
Joined: Thu Mar 31, 2022 8:26 am

Re: Boundary

Post by Cosmos2000 »

The solicitor is a post box with no real advice. Yes they answer questions give some guidance but the instructions are all given by ourselves.

Regarding the joint survey there has been very little advice on this and have had to research the pros and cons.

What make you say me providing tiny fraction of the information ?
Cosmos2000
Posts: 25
Joined: Thu Mar 31, 2022 8:26 am

Re: Boundary

Post by Cosmos2000 »

Last week the neighbour tailgated me to a local shop, while minding my own business I was withdrawing money from the cash point.

The neighbour calls me for a fight, I replied can't not hear you. He came out of the shop decides to have another go saying come around the corner for a fight. The store manager and assistant came out hearing the noise he was making. I agreed with the store manage that I would drive home, but agin he tail gated me home. I ignored and quickly came into my house to avoid a confrontation.

I made the police aware and they visited the neighbours twice spending 15 mins on first visit and about 40 mins last night visit. The Police seem to now taken a dim view where the neighbour provided old CCTV that has been edited with snippets in the their favour from April 2021. Police explained this to my dad, as I was out with my son.

The CCTV they have was a two way argument in April 2021 in the front garden, cameras pointing directly at hour house that their solicitor shared back then.

The fact I have been threatened in a public place, away from home where the shop has CCTV, store manager witness is brushed away.

It seems the police have be talked into their side / bought into the neighbours mindset as they sent fair about of time next door.

Police told my dad they now want to take with me, all I want is to be left alone and feel safe outside my house with my family.
MacadamB53
Posts: 8698
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Boundary

Post by MacadamB53 »

Cosmos2000 wrote: Sun Oct 16, 2022 1:45 pm Last week the neighbour tailgated me to a local shop, while minding my own business I was withdrawing money from the cash point.

The neighbour calls me for a fight, I replied can't not hear you. He came out of the shop decides to have another go saying come around the corner for a fight. The store manager and assistant came out hearing the noise he was making. I agreed with the store manage that I would drive home, but agin he tail gated me home. I ignored and quickly came into my house to avoid a confrontation.

I made the police aware and they visited the neighbours twice spending 15 mins on first visit and about 40 mins last night visit. The Police seem to now taken a dim view where the neighbour provided old CCTV that has been edited with snippets in the their favour from April 2021. Police explained this to my dad, as I was out with my son.

The CCTV they have was a two way argument in April 2021 in the front garden, cameras pointing directly at hour house that their solicitor shared back then.

The fact I have been threatened in a public place, away from home where the shop has CCTV, store manager witness is brushed away.

It seems the police have be talked into their side / bought into the neighbours mindset as they sent fair about of time next door.

Police told my dad they now want to take with me, all I want is to be left alone and feel safe outside my house with my family.
they want to talk to you because they’re not morons and know there’s two sides to the story
CherryBlack
Posts: 385
Joined: Sun Sep 19, 2021 3:47 pm

Re: Boundary

Post by CherryBlack »

"The fact I have been threatened in a public place, away from home where the shop has CCTV, store manager witness is brushed away.
It seems the police have be talked into their side / bought into the neighbour's mindset as they sent fair about of time next door
."

The bit in bold above, in particular, I find utterly implausible.

As Maca says, the police are not morons, and are sadly very familiar with situations like this. They know, pretty much, when one side is BSing, which is why it's important to not over-emote or over-egg situations like this; stick to crisp clear facts, and they will quickly work out what's going on. So, when they do talk with you, be rational, clear, factual, calm, reasonable.
Cosmos2000
Posts: 25
Joined: Thu Mar 31, 2022 8:26 am

Re: Boundary

Post by Cosmos2000 »

Hi All


Quick Update on neighbour threatening in a public place, the police engaged with the neighbour and ourselves.
Police cautioned and crimed the neighbour for threatening (Fear/Provocation of violence) provided us with a crime reference and told both parties to steer clear of each other.

Our solicitor has not received any further correspondence from neighbours to substantiate their claims since July 2022.
Our solicitor wants to write to them to close their case as no update for over 4-5 months with nothing substantive to support their claims since April 2021.

I'm surprised if the neighbours are backing down or just taking a very long time to substantiate their claims and gathering garbage evidence.

If our solicitors closes the file then what's to say they neighbours could instigate matters in a few months or years.
Cosmos2000
Posts: 25
Joined: Thu Mar 31, 2022 8:26 am

Re: Boundary

Post by Cosmos2000 »

Hello

It's now been over 6-7 months no reply from the bullying neighbour solicitor, previously they were persistence with regular letters every month.

Our solicitor has asked for an update within the next 14 days and for them to substantiate their claims clearly with clear evidence. Last 2 years they have jumped claims for our back garden, several attempts for compensation and bringing front garden into dispute.


Thought their solicitor should really clarify the neighbours situation by now , we have sent a couple of chasers still noting. Would any experts here be able to tell if after no update from the bullies solicitor the case has dropped or it this a case of how long is piece of string,
Guess who
Posts: 31
Joined: Fri Jun 03, 2022 9:39 pm

Re: Boundary

Post by Guess who »

The first thing anyone involved in a boundary dispute needs to understand is that you cannot measure from a title plan.
HMLR does not show anything other than “general” boundaries. See the following extract from HMLR:

“Unlike the tolerances applied to Ordnance Survey mapping, there is no standard tolerance, measurement or ratio that can be attributed to the relationship between the position of the general boundary mapped on an HM Land Registry title plan and the position of the legal boundary.

See practice guide 40: supplement 1 - the basis of HM Land Registry plans for more information. Case law makes clear that there is no limit to the quantity of land that can fall within the scope of the general boundaries rule: see, for example, Drake v Fripp [2011] EWCA Civ 1279.”
The case of Drake v Fripp [2011] EWCA Civ. 1279 confirms Land Registry practice note 40 which states ‘the great majority of land in England and Wales is registered with general boundaries only. As a result, it is not possible to identify the position of the legal boundary from the register of title and title plan.”
The Boundary dispute arose as to a 1996 transfer and the position of the boundary between 2 properties.

In this case, the plan was expressed to be for identification purposes only. The court looked at the plan but as it is the law that the first house, of the two in dispute, to be sold created the boundary and what was installed by the builder or his contractors defined the boundary between the properties in law, they looked at what was physically on the ground.

The plan had been derived from an old Ordnance survey map. On the map, the boundary was shown to be a stone wall. The new owner argued that in fact the boundary was a fence and in fact that marked the true boundary of the land.

The two boundaries were between 4 and 5 meters apart. The court decided that the boundary was the fence and the land registry moved its boundaries to reflect this.

If moving the boundary causes loss to an innocent landowner then an innocent landowner can claim compensation.
Cosmos2000
Posts: 25
Joined: Thu Mar 31, 2022 8:26 am

Re: Boundary

Post by Cosmos2000 »

Hi All

It has been over 10 months with no correspondence from the neighbours solicitors, our solicitors sent a further letters (post and email) still no update from the opponents to substantiate their claim(s), nothing received since last July while our solicitor has attempted with a further 2-3 letter.

Our solicitor now taken the view that there is no case with nothing for us to defend, he has agreed to open the file should they respond at a later date.

I don't believe the issue has gone away, yesterday the neighbour shouted at my elderly father to shift away from the font driveway wall. Looks like they are attempting to instigate some reactions.

Also the neighbour garden conifers are over a meter into our garden, while we wish to trim these upto the boundary we fear this could stir things up.
Post Reply