Possible Boundary Dispute

Beancounter

dekoder wrote: »

Are you in some strange way enjoying this confrontation with the neighbour? Because the logic dictates to stop contact with him and go on with the sale.

With respect, how on earth can I be enjoying having a moron costing me money on solicitors, huge amounts of stress and threatening to block a sale just because he wasn't getting his way? Were this on my own property it would be bad enough but having this with my dead father's house is causing me grief and I have not slept in 3 days.

Yeah, really enjoying this.

I repeat, I only communicated with his yesterday at the request of my solicitor.

Davesnave

Beancounter wrote: »

His foolishness will end up costing him too though as I could ask him to move his boundry fence which is covering up a path with mutual access and he has also blocked up the hatch for a communal loft and created a new access in his flat which is a breach of the deeds. Should he continue to annoy me I have the option to request all this is made good but frankly don't want to lower myself to that.

This is actually more serious than the original matter, because in these instances he has presented you with a fait accompli.

What will happen if a buyer examines the title documents and finds a discrepancy on the ground or asks to see the access to the communal loft storage?

These are the kinds of discrepancies we spotted when last buying. We advised the seller that we could not exchange until the documentation matched reality.

In the above instance, the seller and the other party were on good terms, and so the documents were easily amended. In your case, the changes you need could take months, even if, in theory, you might sue your neighbour for any consequential losses.

sniggings

Beancounter wrote: »

I repeat, I only communicated with his yesterday at the request of my solicitor.

Just to be clear, wasn't having a go at you, I understand you were only doing what you were advised, which may get him to back off, as the "it's in my solicitors hands" comment seems to be suggesting.

Might be an idea to ask your solicitor if him taking away access etc will likely hold up any sale ,as I would think with flat sales this sort of thing is looked into by the buyers solicitor.

magpiecottage

Have a look here.

You will note that it says "In civil cases in Scotland, the burden of proof rests with 'the party who would fail if no evidence were adduced on either side'. On the other hand, 'he who asserts a right a right given to him by the law must prove the facts necessary to establish it'. The two quotes above are illustrating the burden of proof rest with the pursuer"


I suggest you point this out to your neighbour and politely say that, since the greenhouse is obviously yours and and, whilst you are willing to consider any evidence he may have, unless and until it is produced you will remain satisfied that the land on which it stands also belongs to you.

Beancounter

Davesnave wrote: »

This is actually more serious than the original matter, because in these instances he has presented you with a fait accompli.

What will happen if a buyer examines the title documents and finds a discrepancy on the ground or asks to see the access to the communal loft storage?
.

That's another worry.

sniggings wrote: »

Just to be clear, wasn't having a go at you, I understand you were only doing what you were advised, which may get him to back off, as the "it's in my solicitors hands" comment seems to be suggesting.

Might be an idea to ask your solicitor if him taking away access etc will likely hold up any sale ,as I would think with flat sales this sort of thing is looked into by the buyers solicitor.

No offence taken. I will be talking to my solicitor on Monday, might tell him to hang fire to see if his solicitor makes contact first. No point in incurring costs if I don't need to.

magpiecottage wrote: »

Have a look here.

You will note that it says "In civil cases in Scotland, the burden of proof rests with 'the party who would fail if no evidence were adduced on either side'. On the other hand, 'he who asserts a right a right given to him by the law must prove the facts necessary to establish it'. The two quotes above are illustrating the burden of proof rest with the pursuer"


I suggest you point this out to your neighbour and politely say that, since the greenhouse is obviously yours and and, whilst you are willing to consider any evidence he may have, unless and until it is produced you will remain satisfied that the land on which it stands also belongs to you.

The link you posted wasn't working.

What you say there is pretty much what I have done by asking him for his plans as that is the only way he can prove he is right. Mine plans are correct as far as I and my solicitor are concerned so either he is misreading the dimensions (I did that initially, omitting the size of the perimiter path initially) or he's just being a prat. The fact he turned down the chance to show me in person suggests the latter. I mean, who would line the pockets of a solicitor if they were sure they were correct?

moneyistooshorttomention

Beancounter wrote: »

I mean, who would line the pockets of a solicitor if they were sure they were correct?

My nfh for one - they did exactly that and their solicitor should have known very much better. You would be surprised what a determined person can manage to convince themselves of. Some people can convince themselves that "black is white"....:cool:..apparently..

But guess who was correct?:)

sniggings

I will be talking to my solicitor on Monday, might tell him to hang fire to see if his solicitor makes contact first. No point in incurring costs if I don't need to.

I was meaning, when the buyer does their searches/checks on land plans, and see the guy upstairs has claimed their access, that might stop a sale in it's tracks.

Beancounter

sniggings wrote: »

I was meaning, when the buyer does their searches/checks on land plans, and see the guy upstairs has claimed their access, that might stop a sale in it's tracks.

Do you mean the loft or the garden issue?

sniggings

Beancounter wrote: »

Do you mean the loft or the garden issue?

This,

his boundary fence which is covering up a path with mutual access and he has also blocked up the hatch for a communal loft and created a new access in his flat which is a breach of the deeds.

surely a buyer would spot this, and either back out or the very least slow the process right down.

Beancounter

sniggings wrote: »

This,



surely a buyer would spot this, and either back out or the very least slow the process right down.

Possibly, both these things in the general scheme of things are not that important to me, the path is going down to the bottom 3rd of the communal drying green, the top part is easily accessible by the rest of the path. I only noticed it doing my checks on everything. I have asked him to move this but recieved no response. I doubt anyone would back out of a purchase on the basis of a 4 foot stretch of path being fenced off?

Re the loft, would that really be of huge importance, my flat has a huge basement so storage isn't going to be a problem and it is not something that would be uncovered in searches or anything.

Never been upstairs so can't confirm but my Dad told me he had blocked the hatch. I will check next time I am in.

I am not wanting to make an issue of these things but if it could affect my sale then I may have to. He may regret having started this.:D