Defending boundary dispute

AlwaysTrying23

Grizebeck said:

Which track is this case on and when is the final hearing

The case is being rearranged to allow for a survey to be completed. I’ll keep you in the loop. 

Grizebeck

AlwaysTrying23 said:

Grizebeck said:

Which track is this case on and when is the final hearing

The case is being rearranged to allow for a survey to be completed. I’ll keep you in the loop. 

Ok but what track is this case on

Debbie9009

I’ve been following this with interest, some years ago I had a house that came with a parking space, in a parking area couple of mins up the road from my house that I rarely used.  Neighbours asked if they could use it, I refused on the basis that something like this could happen.  It didn’t make me popular, but reading this it seems I was correct.

OP has your friend considered the impact this is having on neighbourly relations, even if they win and keep the space.  I wouldn’t bet on them ever being able to get assistance from the neighbours.  I believe they are going to rent out the house, they might want to consider what would happen if the tenants caused any issues, and how keen the owners would be to resolve any issues.

I personally can’t see how your friend thinks they have any right to keep land they know doesn’t belong to them, however disruptive it would be to them. I would hope a court would think the same but who knows.

GDB2222

Grizebeck said:

AlwaysTrying23 said:

Grizebeck said:

Which track is this case on and when is the final hearing

The case is being rearranged to allow for a survey to be completed. I’ll keep you in the loop. 

Ok but what track is this case on

I assume that this would not be on the small claims track, so whoever loses the case will have to pay costs to the other side. 

It would be great if the op understood the importance of the question, though. 

MultiFuelBurner

Sorry if I missed it but did this assesment take place on your friends side and what was the outcome?

The interim court order states both parties should comply. An expert has already assessed the claimants side but they now request to return and assess my friends side. 

My friend has pictures from over 20 years ago showing the fence and a witness statement from the previous Neigbour. 

AlwaysTrying23

Grizebeck said:

AlwaysTrying23 said:

Grizebeck said:

Which track is this case on and when is the final hearing

The case is being rearranged to allow for a survey to be completed. I’ll keep you in the loop. 

Ok but what track is this case on

Was allocated to the fast track 

AlwaysTrying23

MultiFuelBurner said:

Sorry if I missed it but did this assesment take place on your friends side and what was the outcome?

The interim court order states both parties should comply. An expert has already assessed the claimants side but they now request to return and assess my friends side. 

My friend has pictures from over 20 years ago showing the fence and a witness statement from the previous Neigbour. 

Not yet. Still awaiting surveyor to arrange. 

born_again

ThisIsWeird said:

The actual outcomes from such 'laws' are often decided by individual cases such as these, each taken on their own merit. They are not all writ in stone.

And that is surely a statement of the bleedin' obvious? Take it to its logical conclusion; the encroachment here varies from zero to around 500mm. Are you saying a 20-year old house, built with the permission of the land owner at the time, would be required to be demolished due to a 50cm encroachment? Ok, what about a 250mm trespass?  100mm? Seriously?

They'd all be 'breaking the law', but even if one judge were to be that bolshie, another would likely not be.

Not writ in stone.

While people get what you are saying.
Would you be prepared to stand the cost if the OP's friend lost the court case. If they used your advice. 

Sometimes having your say & then leaving at that, is best. 👍

This is one where the forum rules are key

Don't rely – verify!

Our Forum offers a wealth of MoneySaving wisdom, tips, hints and information both new and historical. However, some of the information changes quickly, is opinion or may be incorrect. We don't verify or take responsibility for what is posted by the community. No two people have the same circumstances or experience and it is up to you to investigate, check and check again before you make any decisions or take any action based on information you glean from our community. Remember, don't rely on what you are reading. Verify it and protect yourself. You are responsible for any action you consequently make.

ThisIsWeird

born_again said:

ThisIsWeird said:

The actual outcomes from such 'laws' are often decided by individual cases such as these, each taken on their own merit. They are not all writ in stone.

And that is surely a statement of the bleedin' obvious? Take it to its logical conclusion; the encroachment here varies from zero to around 500mm. Are you saying a 20-year old house, built with the permission of the land owner at the time, would be required to be demolished due to a 50cm encroachment? Ok, what about a 250mm trespass?  100mm? Seriously?

They'd all be 'breaking the law', but even if one judge were to be that bolshie, another would likely not be.

Not writ in stone.

While people get what you are saying.
Would you be prepared to stand the cost if the OP's friend lost the court case. If they used your advice. 

Sometimes having your say & then leaving at that, is best. 👍

This is one where the forum rules are key

Don't rely – verify!

Our Forum offers a wealth of MoneySaving wisdom, tips, hints and information both new and historical. However, some of the information changes quickly, is opinion or may be incorrect. We don't verify or take responsibility for what is posted by the community. No two people have the same circumstances or experience and it is up to you to investigate, check and check again before you make any decisions or take any action based on information you glean from our community. Remember, don't rely on what you are reading. Verify it and protect yourself. You are responsible for any action you consequently make.

No, I wouldn't personally risk it. I'd only pursue this if covered by legal protection. And possibly not even then.

In this specific case, it appears a land surveyor has been engaged, and I'd wait until they checked the OP's side too, and see what they say. I think I'd take my cue from that.

GDB2222

AlwaysTrying23 said:

Grizebeck said:

AlwaysTrying23 said:

Grizebeck said:

Which track is this case on and when is the final hearing

The case is being rearranged to allow for a survey to be completed. I’ll keep you in the loop. 

Ok but what track is this case on

Was allocated to the fast track 

Does your friend realise that he is at considerable risk of losing his home over this?

He really must have professional representation, and if he can’t afford that there is no sensible alternative but to settle the case on the best terms he can.