Boundary

despair
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Re: Boundary

Post by despair »

Then medistion is pretty much your only option

An impartial mediator needs to look at both sets of evidence

Problem is your neighbours may well claim they are idiots too
Paddock
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Re: Boundary

Post by Paddock »

Cosmos2000 wrote: Tue Apr 19, 2022 10:34 pm Hi

Our solicitor has come back stating we have a duty under the civil procedure rules to try and resolve the matter.
Never heard the 'Civil procedure rules' being mentioned in this forum before...?

Paddock
Collaborate
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Re: Boundary

Post by Collaborate »

despair wrote: Wed Apr 20, 2022 5:41 pm Then medistion is pretty much your only option

An impartial mediator needs to look at both sets of evidence

Problem is your neighbours may well claim they are idiots too
This is a common misconception about mediation. A mediator is of course always impartial. Their role is to facilitate discussion, not to examine the evidence or resolve issues in dispute.
Cosmos2000
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Re: Boundary

Post by Cosmos2000 »

Hi All

The story continues......

Our solicitors wrote back to the neighbours that we would not engage in a joint surveyor unless they provide substantive evidence. We provided more details with old photos taken years prior to them purchasing the premises.

Their solicitor has written back with accusing us of taking their garden during the past years, prior to them buying the house in 1997, they have also requested for us to engage in a joint surveyor or they would issue court proceedings with our further correspondence.

This has now been going on with solicitors for 14 months with no substantive evidence on the boundary from the neighbours, we consistently receive threats for court, damages and compensation. The evidence they provided is of very poor quality they they have manipulated with their Surveyor who has refined his findings by stating 'The client has said the fence has been moved', the client has said boundary is incorrect'.

Our solicitor has sent 3 letters emphasised them to provided substantive evidence and for their surveyor to comment on our surveyors report. They have retaliated in a bullish nature with local authority architect plans of side extensions to both houses. Again extensions to both homes were built several years before they purchased the property. We have lived here for 34 years, they have lived her for 15 years.

I would have thought they should have known about the boundary locations at time of purchasing the house and it has never been an issue with their predecessors.

Conscious that we are not accepting their demands of a joint surveyor and they will issue court proceedings and what with the courts response be on this.
despair
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Re: Boundary

Post by despair »

Your neighbours are quite simply Bullies

For those of us who have experienced such behaviour your story raises nothing but red alert ...bully on the loose

They will not mediate
They will not provide evidence

They just enjoy making numerous totally unsubstantiated claims and court threats ...they are control freaks and thoroughly enjoy the game they are playing

Stop spending money on Solicitors .....its Put up or Shut up time ....just ignore there very existance ...shun them ....send them to Coventry

Shore up your boundaries...take loads of photos with witnesses ...install CCTV
ukmicky
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Re: Boundary

Post by ukmicky »

A joint surveyor will not provide all the answers as A surveyor will not consider the limitations act or the land registration Act 2002 so any report provided will not provide a definitive answer .

A party wall is also only a party wall if it can be shown it sits astride the boundary.
Any information provided is not legal advice and you are advised to gain a professional opinion
Collaborate
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Re: Boundary

Post by Collaborate »

Under the Party Wall Act s20 the following is given as the definition of a party wall:

(a)a wall which forms part of a building and stands on lands of different owners to a greater extent than the projection of any artificially formed support on which the wall rests; and
(b)so much of a wall not being a wall referred to in paragraph (a) above as separates buildings belonging to different owners;

So it doesn’t have to sit astride the boundary of it separates 2 buildings.
ukmicky
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Re: Boundary

Post by ukmicky »

What are you on about

You have seen the pictures I take it . It’s not a party wall Type A or a type B.

The most the OPs wall can be is a party fence wall and for it to be a party fence wall it must sit astride the boundary.

Ignoring the foundations as they don’t matter If it sits wholly on one persons land that wall is not a party wall.
Any information provided is not legal advice and you are advised to gain a professional opinion
Collaborate
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Re: Boundary

Post by Collaborate »

If in OP’s case the boundary wall at the front sits wholly on the neighbour’s side then it cannot be a party wall. But that is not what you said. You said:
A party wall is also only a party wall if it can be shown it sits astride the boundary.
I merely pointed out that this is incorrect as a general proposition.
ukmicky
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Re: Boundary

Post by ukmicky »

Yes and and that’s because the wall we are talking about is a party fence wall
Any information provided is not legal advice and you are advised to gain a professional opinion
Cosmos2000
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Re: Boundary

Post by Cosmos2000 »

Last week we received a reply from their solicitor.

Neighbours are now using bullying stating we have been taking their land since we had our extension built in 1989, they have tried to evidence this with council plans of extension to our house in 1989. Their last two predecessors neighbours had no issues when the extension took place. This owner purchased the property in 2007 may years later to the extension was built. They are now claiming part of our extended kitchen and garage and stating we have been lying to our own solicitor when plans were re-submitted in 1989. I fail to see how this relates to the boundary, the honest truth plans were resubmitted due to internal roof support that's was granted and signed off by local authority. If we had taken land previous neighbours would have not allowed us to extend.

Really strange their solicitors is entertaining this behaviour for last 14 months, they still to-date have not provided substantive evidence, they are forceful and adamant on a joint Surveyor. We have provided old photographs, title plans and our surveyors report that they refuse not to comment on any defence we provide and retaliating with bullying remarks.

They are still threatening court proceeding or to instruct a joint surveyor. It seems they may have done this before to their former neighbour and playing the system.
despair
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Re: Boundary

Post by despair »

Just totally ignore everything they or their solicitor says or does

Its the tactics of bullies

All bluff bluster and threats
They see you as an easy target

Send them totally to Coventry ...look through them around them but just totally and utterly consider they do not exist

Ignore them ...and they will target someone else ...
MacadamB53
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Re: Boundary

Post by MacadamB53 »

Cosmos2000,

any chance the neighbour has plans for an extension of their own?

this bears all the hallmarks of someone keen to gain a little because without it their plan would either collapse or be revised to something not worthwhile…

kind regards, Mac
Cosmos2000
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Re: Boundary

Post by Cosmos2000 »

They definitely have some kind of plan which is not pleasant for us.

I feel they are trying to drive us out, de-value our house then they or their relative have a cheap purchase.

The neighbour owns the house next door, their original home which is now rented. They also own another house about 10 doors away also rented out. They have never worked, claims benefits and pretends to walk on crutches. Their earlier solicitors letters were heavy towards compensation claims, I feel his using his disability as an aid to pursue claims.

The fact their solicitor is not seeing sense and entertaining this is beyond a joke.
stufe35
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Re: Boundary

Post by stufe35 »

Cosmos2000 wrote: Mon Jul 11, 2022 4:47 pm

Really strange their solicitors is entertaining this behaviour for last 14 months,
No it's not, many solicitors are happy to keep on writing letter after letter as long as their bills are being paid. If what they are writing is dodgy it will be prefixed with something like..."my client says....."
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