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  • Trespass

    I was wondering if anyone could give me some advice. I am in the middle of a legal dispute with NFH and although my solicitor says the whole thing is ridiculous I may find myself in court being sued for trespass. Does anyone know a good web site where I could read up and prepare a suitable defence. I hope you dont all think it is me that is NFH - I just would like a quiet life - but dont seem to get one lately.
    PYRAMID

  • #2
    let us know the full details and i am sure you will be given a lot of helpful pointers
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    • #3
      Hi Pyramid - sorry you're getting no peace



      Can I just ask, why are you preparing a defence and not your Solicitor?



      What is your nfh pursuing exactly?



      Give us some more information and we may be able to help you more specifically.



      It can all be very complicated.



      There are the Civil Procedures Rules (CPR) which govern procedures for Court. Information about filing a defence and replies are here:



      http://www.lcd.gov.uk/civil/procrules_fin/...arts/part15.htm



      Personally, I think your Solicitor should be doing this for you. Speak to them again.

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      • #4
        Hi Pyramid



        There is a good point being made here! Why would you be paying £100 an hour to prepare your own defence!



        If for some reason, you are no longer using your solicitor, fine find out as much as you can...and enlist the help of CAB/ a community Law Centre, a little help is useful



        It is difficult to comment any further, without knowing more of the circumstances.



        Sapph

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        • #5
          Sorry I did not explain myself very well. I just want to understand more clearly what is going to happen in court (if we end up there). In short my neighbour complained about our parking. He is an obnoxious man but in this instance he had a valid point and so we had no option but to convert our front garden to hard standing so we would not be in any ones way. We worked to an established boundary. Unfortunately he absolutely hated it. F***ing hideous was all he could say. He watched the work being carried out over 3 weeks and did not say one word of complaint. 3 months go by and we receive a letter saying we have trespassed over into his garden. Off we go to a solicitor and yes we are exactly one brick over. The contractor says he can remove the one brick no trouble but it would look a mess on both drives and make his more unstable than mine. We have caused no damage - our solicitor says we have enhanced the area. (an opinion our neighbour does not share)!! We also share a responsibility for the maintainence of the shared drive (as per the deeds). Our latest offer is that the offending line of brick be removed if and when he resurfaces his drive creating a flush look rather than a patchwork quilt. This could have been sorted amicably really but he is very aggressive and abusive not just to us but to the world in general. Anyway thats where we are. Waiting now for a response to our offer but knowing him as I do I expect to find myself in court. We have trespassed but have tried to remedy the situation. My understanding was that you can sue someone for damages but there is no damage. He can sue for costs but we have offered a reasonable solution.
          PYRAMID

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          • #6
            Just a thought on this one Pyramid - have you considered Mediation?



            If you suggest it now, it will definitely look good for you if any case went to Court. If your neighbour refuses the offer of Mediation then the Court's view would be that you had tried to resolve this dispute.

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            • #7
              I would welcome mediation. Actually on a lighter note the thought of the four of us sitting round a table is quite amusing. Our neighbour cant say a sentence without using the "F" word :angry: . His wife is not allowed an opinion or to speak unless he authorises it. :blink:



              He is quite a character. Over the years we have come to know him as a real bully. He has told us when we need to cut our grass, pull out a dead shrub. Our garage doors need staining. The list is endless. He is verbally abusive to just about everyone.



              He has been tolerated in the past for a quiet life.
              PYRAMID

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              • #8
                Check out this site to see if you can find a local service:



                http://www.mediationuk.org.uk/home.asp





                Good luck

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