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  • Boundary dispute

    we have been getting solicitors letters for months from our neighbour stating we have taken some of their land when we put in our new entrance gates. Despite our request for proof of their ownership none has been offered. She has employed two seperate surveyors and is now on to her second lawyer who now states that if we do not put back the old entrance that they will proceed to court etc. We do not want to throw lots of money at this and need to find a resolution but I fear that she wants her day in court (she is very angry and abusive)and for us to pay her expenses which must be vast by now. Surely they must provide proof of error before a court will proceed? The surveyor she has employed has only been able to provide his opinion based on old photos. Whilst five of our neighbours who have lived here for years are willing to support that there has always been an entrance of about the same size. How do we put this to rest without major expense??

  • #2
    Hi Tigger and welcome.



    You seem to have a type of neighbour who seems to have money to burn. As the only people who are gaining in all this are the Solicitors etc. It is sometimes the case that you can throw money away on petty issues never to recoup your losses. Therefore people should be careful and think very carefully before throwing themselves into vendettas of this nature.



    However it is frightening as you just dont know what expense you might be put to. The stress must be dreadful.



    First of all



    Have you checked your House Insurance policies ( buildings and contents)to see if you have legal cover for advice and /or expenses?



    If you dont have you been to a Solicitor for some basic advice yet?



    Now - I would think that your best move is to ask the neighbours who are witnesses to confirm their beliefs in writing to support you.



    Start up a file and keep EVERYTHING to do with this matter in it.



    Have you checked with the Land Registry to see what the boundaries and rights of way are? Has she? This is very important so please make sure this has been investigated.



    You need to do some detective work quietly behind the scenes.



    It seems to me on the face of it that she has a very flimsy case but I am not an expert or qualified in any way to say this - it is just my opinion. Also I dont have all the facts in front of me and these sorts of issues can be complex too so please do not think I am saying this in any other capacity except as an ordinary person in the street.



    Should she decide to launch a court case then you do have some pretty powerful ammunition with your witnesses.



    How long has she lived there and how long have you lived there?If the entrance has been of a specific size ( that she now disputes) for over a considerable period of time then she has no claim to it - I think!!!!!



    I found a free help service with a Surveyor on Line that you can try to get some information as he is an expert in these matters and we have had one of our members who was impressed by his advice.



    This is the link from our helpful Resources Section



    http://www.boundary-problems.co.uk/



    Give him a try as soon as possible to see what he comes up with for you and let us know.



    Best Wishes



    Angela

    Comment


    • #3
      Wow! Thankyou for your speedy response. By the time I had worked out how to use the website you had answered..must be an Angel.



      I am going to see a lawyer tommorow for an opinion and show her my file including four of the supporting letters from my neighbours who have lived in this road for over 20 years. They all say how it is the same size entrance as it always was only neater and has always been there.



      I will get husband to check on the insurance for cover ...good point..thanks.



      The NFH has only lived in her house for five years during this time our field entrance was unused by the previous owner, so the fact that we do use it for our horsebox access must come as a shock. But this is the countryside and she does fly in and out by helicopter so i dont think she can complain about noise!!



      I am also seeing the local police chap on Thursday to report for the first time her latest verbally abusive attack on my husband. There have been a few other times that I think would be good to get documented. Do you think this a good move?



      thankyou again. I cant believe that their is such a supportive network available phew!!!!!!



      I will let you know the upshot of tommorows meeting.



      TTFN

      Comment


      • #4
        Welcome to you Tigger,

        Sorry you are having this dreadful problem with your neighbour,



        She sounds like someone who has everything yet wants more, they do say "the rich get richer"



        Angela: good advice,as always!!



        You must record everything, how matter how minor it may seem as at the end of the day it all adds up to harrasment from your neighbour.



        And yes tell your local police man about the verbal abuse/threats. You need to prove that this person is not a model citizen. SO WRITE IT ALL DOWN!!!!



        On the main site there are some examples of "logs" you can print out and use. resources here



        You need to record how this has effected you as well, eg. made me feel I was in the wrong, made me feel unsafe, made me feel scared and stressed etc.



        times and dates are the most important information to put down. If you could get photos of "her" kicking your gate for example that would really help your case!!



        Good luck and keep us informed! We are all thinking of you and your husband.

        Comment


        • #5
          Hi Tigger



          Hey no problems that is what we are here for!



          It so happens I was around when you posted however I am on the site quite a bit just in case of situations like yours as often people are rock bottom when they post and the thought of waiting for a response only adds to the stress. I know as I get like that myself when dealing with my NFH situation.





          One piece of important advice Tigger - before you go and see the Solicitor today PLEASE check your policies FIRST.



          The reason for this is if you get legal advice before contacting them then you could risk voiding any cover you might have for legal services with the Insurance Company. So PLEASE get in touch with them and they can put you in the picture. You might be lucky enough to have appropriate cover and if so then you could find you wont have to pay a penny - which I am sure would be a huge bonus for you.



          So get the policies out PDQ check through them carefull ( note the dreaded small print!!!) and if in doubt RING them straight away so that if you are covered you will have time to cancel your appointment with your Lawyer.



          Keep us posted Tigger.



          PLease Note:



          I would also advise you do not go into too much detail either on here. The forum open to the public and you dont know who is visiting the site.



          If you like just post a basic message - something along the lines of 'sorted' or 'all is ok' or similar.



          You can then E mail me with full and further details via the E mailing link on the site in the members list .



          OK?



          Hope this helps!



          Good Luck Tigger!





          Best Wishes



          Angela

          Comment


          • #6
            Just in case you dont have time to visit the site today I have E mailed you off site with a copy of my message as it is important.



            Angela

            Comment


            • #7
              Above messages have been edited and on Tiggers approval.



              This is to safeguard against certain ongoing matters.



              Please be aware of how much detail you post in your cases as this site is open to anyone and everyone and you never know.......





              Angela

              Comment


              • #8
                An update on the NFH boundary dispute.



                We receieved a letter from NFH lawyer yesterday 20th Dec saying that if we have not complied with her demands to replace the verge and agree to Agricultural access only onto our land and all of this is to be completed by Jan 2nd then she will start court proceedings! It appears that NFH has not noticed it is xmas and New Year straight after that and I dont think ANYONE could get a gardener/builder/lawyer to finalise all of her requests in the time scale given. Not that we would have complied anyway but it shows how unreasonable she is. I guessed she would time a letter of this sort to arrive just before xmas to try try to ruin it for us. Fat chance.



                We have since my last post shown our papers to a lawyer who believes we have a full right of way as does the surveyor we have consulted. Our surveyor thinks that it is very odd that their expert surveyor has not come up with any factual evidence that we have seen. only areiel photographs which prove there always was an entrance into our land , the dispute now is how big was the entrance. In the report they have disclosed he does not even mention his opinion on where the boundary is. They will not show us the rest of his report which is odd isnt it? If they want to prove their case against us why not show us the evidence?



                We have reported NFH to the police for being abusive and racist but as we expected NFH has denied being abusive and has even completely lied and said it was my husband that was taunting her! Fat chance, my husband is soooooo laid back he is nearly lying down.



                All in all we dont seem to be getting anywhere and it looks like it will end up costing us more money, I would like to just put back the two foot of verge we removed, even if she cant prove it is hers just to get rid of her, but we are concerned that this might look like we have admitted guilt by doing so which is not the case? any ideas?



                What do we do now? Do we just wait for a court date? Do we then get to see what NFH is basing her claims on? Can we get taken to court without hard factual evidence against us?



                Your thoughts would be appreciated



                Oh and a merry xmas (nearly forgot it was the season of goodwill!)



                TTFN

                TIGGER

                Comment


                • #9
                  Don't you dare give in!!



                  if you do they will keep walking over you.



                  it sounds that you are totally in the right and she is just trying to use scare tatics on you.

                  solicitors are not always given the correct information, and they will try it on as they will get paid what ever the out come.



                  we are having a similar problem over a traffic accident, received a solilictiors letter blaming us and they did'nt have a single detail correct not counting the fact the other guy wasnt even insured...which is illegal in its self!!



                  so keep up the good fight and do your best,

                  tell your solicitor about the verbal abuse to and any thing else that might help.

                  if you are not already you need to record everything that NFH say to you, Quote the abuse and date/time it.



                  have a record of when you spoke to police/solilictors etc and names of who you spoke with.



                  this too will help in the long run



                  goodluck and a peaceful christmas to you and your husband

                  Comment


                  • #10
                    Update from Tigger. We have finally established that we are covered by legal insurance (ish) I am so happy!!

                    However we are only covered if a barrister thinks we have more than a 51% chance of winning. If they dont then it could cost us up to £100.000K if we lose! or it could more easily cost the NFH that much! which is a great comfort. It gets so complicated but thank god we have someone on our side at the moment. So far they think we should win on most of the NFH points anyway.



                    But one thing has come up that is a big concern. The solicitor cannot find any reference in the conveyances that states that we can access our house from our field entrance as the land we own was sold as two seperate propertys 20 years ago. The right of way that we have to our field access which is in the part of the road that the NFH owns may only be to access our field and not to our house that lies nextdoor to our fields!! Confused? In other words we could not drive into our field along our driveway and then get out of our car and walk to our house-we would have to drive back out of the field entrance and past the NFH again and into our main entrance-thus doubling the amount of traffic going past her house! It is sOOO pathetic and the NFH must have spent at least 10k on this dispute so far. Once again we should be able to prove that the land was sold as one for the last 20 odd years and has been used as such. But its such a bore to have to deal with especially when there are so many other important things to be concerned about in this world right now!



                    Thanks for letting me have somewhere to moan..

                    Comment


                    • #11
                      Hi Tigger,



                      Great to hear back from you and that's fantastic news to hear you're covered, brilliant! I bet that's some of the financial weight off your mind anyway!



                      51% eh - that sounds like Solicitor talk! Hopefully the odds do sound like they are stacked in your favour and lets hope the one problem with the access situation doesn't negatively detract from your chances of getting a positive outcome.



                      How long do you think it will all take - have you got any forecasted dates that everything may be completed by? Or is it just a case of don't hold your breath and 'sometime soon'?



                      Good Luck

                      Comment


                      • #12
                        howdy Tigger



                        how do they work it out??



                        I mean who says well that is 20% and that is 51%??



                        at the end of the day it is the lawyer opinion on what might get through, ask a different lawyer and get a different answer.



                        the acess thing sounds complicated

                        very confusing....it sounds like someone who had planning permission for a drive way slope but were not allowed to actually go across the pavement to park on their drive way!!



                        (think it was on "thats life" years ago!! they ended up getting a crane in to lift the car onto the drive way!)



                        a mad world we live in!



                        well good luck with the next part of your battle,let us know how it goes, it is always good to get updates as I count everyone here to be a friend....we have certainly got to know each others problems!!

                        Comment


                        • #13
                          Hi Mathew Hi Beth



                          thanks for the speedy responses as usual.



                          I dont know how much longer this will go on as it is all so petty I am suprised that it has lasted this long (over a year)!

                          We will have to see what the NFH solicitors response is to our last letter as it will be the first time we have been officially represented so it will be interesting to see if the NFH changes her tone atall.



                          The situation is so mad it should be on Tv. If NFH wins it will mean we cannot take our horses into our field and then into the stables as the stables are on the land that is with our house and apparently our house and land are seperate!!!! When we bought this house the Estate Agent did not say a house NEXTDOOR to seven acres! but a house with seven acres.ARghhh!



                          If all goes belly up we may have to sue the solicitor that did the conveyance for us! more unpleasant energy used up!



                          I will keep you posted,

                          P.S I have to say the stress is great for my figure!

                          Comment


                          • #14
                            Hi tigger,



                            Good news that you are covered legally (ish). As to the twenty year thing. I'm sure I read somewhere that if a route has been used, undisputed for twenty years then it becomes a legal right of way. I'm not sure about that, you'd have to get some legal advice, I think.



                            However, I'd say things look more optimistic for you now, at least I hope that's what I've gathered.



                            Good luck



                            Misty
                            "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

                            Comment


                            • #15
                              Hi Tigger,



                              Thanks for the update!!



                              seems to be getting more farcical by the minute!!



                              Not sure what to say really except you just moan away when you feel like it!!



                              Thats what we are here for!!



                              "Take off and nuke the site from orbit- it's the only way to be sure!"



                              apologies if you are an "Aliens" fan



                              Posh Noodle - NOT for the likes of YOU!!

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