tEST

Algeron45

.

elsien

If there are solicitors and a barrister involved, are they not best placed to give advice?
They are in possession of all the facts, vs the one slightly confusing sentence you have given us. And there are probably very few of us trained in land disputes. 

davidmcn

And we don't know whether it's "worth it" because we have no idea how important it is to you or how much money you are prepared to spend on it.

SallyDucati

Why is a barrister involved?  Is there much more to this than the moving of a fence that requires a court case or tribunal?

Algeron45

We get a barrister to advise and if we are going to be successful in court. What is the worse that can happen? Fences fall over and is it worth the cost and time when you can pass it back to the neighbour? 

davidmcn

Algeron45 said:

What is the worse that can happen?

You pee off your neighbours, have a big legal bill, and also have to declare the dispute to buyers when you sell?

Browntoa

Who and when set the covenant ?

If it's a long time ago the person or company who set the covenant may have absolutely no interest in enforcement

cloo

Please go to mediation with neighbours if possible - look up property mediators. Much cheaper, more effective and less stressful than court. People so often tie themselves in knots, spends tens of thousands and go through untold stress for the sake of tiny strip of land, it's not worth it. Coming to a solution is much better than proving you are right.

SallyDucati

What is the convenant and how have they breached it?  If the fence has been moved into shared land by how much?  Other than playing the 'up and down' game, how is the fence inconveniencing you?
And the final question - how much is that inconvenience actually worth to you?  That is the question to answer to see if it is worth it.  If it is just your peeved that they have broken a covenent and you wouldn't, but it isn't actually affecting you other than causing 'peevdness'  then I personally wouldn't be spending £'000s on legal fees.  
If it is causing you a lot of inconvenience eg. blocking access then it possibly could be.

Algeron45

Legally not much they can do to remove a restrictive convent for the benefit of the other owners. Would set a massive precedent. We are nearly in court so we might let it continue. It seems no offer to settle before court  is shown to a judge until after the ruling and then we are not paying so wont be us paying the costs. Cant say much more. Thanks..