Urgent legal advice needed

[34064 Fighter Command]

Is the dispute really worth arguing over? These things can go on for years and end up costing thousands.

Sadly this, and it's a far, far better, and cheaper, option to back down and make an unreserved apology than to make a load of lawyers rich.

This comes from the Occupiers Liability Act, 1957 Wikipedia page.

" The Act next establishes a uniform duty towards all lawful visitors, thus abolishing the distinction between contractors, invitees and licensees. Section 2 provides that the occupier extend a "common duty of care" to all lawful visitors, although it keeps the low duty of care towards unlawful visitors such as trespassers. This duty is described as "a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there". The Act allows the occupier to set limits on where the visitor is allowed to go or how long they are allowed to be there, an extension of the common law judgment made by Scrutton LJ in The Calgarth [1927], when he said that "when you invite a person into your house to use the staircase, you do not invite him to slide down the bannisters, you invite him to use the staircase in the ordinary way in which it is used". "

I don't think you will get anywhere on your property development until the issue of freehold is setled once and for all, and that will more than likely mean (in the absence of documentation) that you will need to purchase the part of the freehold that your neighbour claims, from your neighbour.

The 1984 act only covers trespassers, if your neighbour has said at some point in the conversation, that you were no longer invited to be there;

" A visitor who exceeds the occupier's permission, e.g. by going to the part of the premises where he was told by the occupier not to go, or by outstaying his leave, will become a trespasser and will fall outside the sphere of application of the (1957) Act. He will then be in the sphere of application of the Occupiers' Liability Act 1984, with lower standards of protection. "

 

[Goldstone1976]

I'd be very surprised if the police didn't go and speak to them regardless of whether or not NR wishes to price charges. Doubt it would go to CPS now though - More than likely the police will make their own disposal decision on minor offences. You are allowed to use reasonable force to remove someone from your premises though depending on the circumstances so may well use that as a defence.

A minor interdomestic dispute (as the police would see it) - do you really think the police would pay a visit? You might be right, of course, but I doubt it. You're spot on about the CPS - I was trying to keep it simpler than talking about discretionary disposal powers!

 

[drew]

they say that they have flying freehold over into our land. They have a section of our stone shed in the garden they we want to join to our house and make our kitchen.It's just nowhere in the deeds. (theirs or ours)

Not sure this reads right! Do you mean that they have a section of your stone shed in their Garden that you want to extend to your house. Why do they think they have flying freehold? Does any part of their property extend over your land? Or is it their stone shed extending over your land eg the wall of the shed is the boundary and the eaves of the roof and/or gutting is over your land.

 

[Soulman]

Meet somewhere nutrel next time and have a little recorder in your pocket
Boundary disputes can take years take over your life and cost lots of money if that your problem i'v been there try to sort thing out between you now if you can?

When i was going through a messy divorce a friend lent me a small voice activated recorder, you can switch them on and just leave them until conversations start.
I still got tucked up financially, but managed to get the divorce on her adultery.

 

[Napper]

I wouldn't of gone to see them if it was going down the legal channel. Would of kept comms official, logged ie written.

Not sure would of been man handled in that situation, would of lashed out for sure. In the long run you prob did the right thing even if you feel like you bottled it.

Good luck

 

[Racek]

I wouldn't of gone to see them if it was going down the legal channel. Would of kept comms official, logged ie written.

Not sure would of been man handled in that situation, would of lashed out for sure. In the long run you prob did the right thing even if you feel like you bottled it.

Good luck

hahaha. Bet that made him feel better. You should be a therapist.

 

[Normal Rob]

Not sure this reads right! Do you mean that they have a section of your stone shed in their Garden that you want to extend to your house. Why do they think they have flying freehold? Does any part of their property extend over your land? Or is it their stone shed extending over your land eg the wall of the shed is the boundary and the eaves of the roof and/or gutting is over your land.

we have a large stone shed in our land, the shed wall forms part of the boundary, yet they have a door into it and a bricked off section (approx4 feet by 3 feet.). The shed is only 4 foot from the back of our house and we are looking to connect onto it.

the deeds do not show this belongs to them, though they may have rights to it due to long term occupation of the space (this is where solicitors come in) I just want legal clarification. it it legally belongs to us then we will take it back, if it doesn't, we won't. if that is the case then we need the boundaries redrawn to show this properly and this would avoid confusion where we to sell the house at a later date.

Anyhow, i wanted to avoid the specifics! I wanted to know if i should make the police aware of being manhandled in this way, as if this does go further doen the legal route, i now think that a file of this could be useful, not least because i no longer trust them to act honestly.

 

[Normal Rob]

hahaha. Bet that made him feel better. You should be a therapist.

LOL - no i dont feel like that. It was the right decision to keep calm.

opps - quoted wrong post! Doh

 

[Justice]

Hi all,

My wife and I are in a dispute over some land with our neighbours, rather than go into the specifics on the detail, I'll stick to my main point. As advised by our solicitor , we went around to see them yesterday to inform them that that they would be be getting a legal letter from our solicitor this week ,and that they would then ahave a right to reply to that letter to put forward their case (both parties are adamant that they are in the right).Things got a little bit heated (from their side, not ours) and it ended up with me being manhandled out of their house, whilst my wife was left inside.

I am going to the Police station this morning to put this on record, but I do not think that i should press charges as this would only add fuel to the fire. Am i right to think this, or should i not put it on record at all?

The guy next door,who moved in with my neighbour 6 months ago (she is the houseowner) was really aggressive. Rather than fight back i just lket him throw me out or it could have got really very nasty indeed.

Thanks in advance.

I don't think the solicitor should have told you to go round in the first place to be honest sack him.

 

[Meade's Ball]

Nobody seems to have raised the point but have you got your wife back yet!

One finger at a time.

 

[dougdeep]

Just move house. It'd be cheaper.

 

[Dick Head]

Meet somewhere nutrel next time and have a little recorder in your pocket
Boundary disputes can take years take over your life and cost lots of money if that your problem i'v been there try to sort thing out between you now if you can?

I believe it is perfectly legal to record a conversation covertly for your own benefit but not to share the recording with a third party without the other person's consent.

 

[Dunk]

Sounds quite interesting. Maybe, instead of leaving, you should have just stood in the shed. That would have probably helped.

Your neighbour sounds like a bully. Tell your solicitor. There is no time limit on reporting it to the police I shouldn't think and I assume there is no bruising that will fade so no rush.

That said, I really have no idea what the best thing is for you to do.

Good luck!

 

[Firefly]

Solicitors never seem to make disputes better in my expirence. They are interested in a long drawn out process for fees. Try an abitration service.

 

[seagullsovergrimsby]

Just move house. It'd be cheaper.

Don't you have to make an open and honest disclosure about any historical or existing neighbourly disputes when selling the property ?

 

[Publius Ovidius]

why don't you just pull down the shed and build a wall/fence where the shed was?

then rebuild a shed somewhere else in your garden where it doesn't go anywhere near the neighbors boundry?

simples

 

[Philzo-93]

Hi all,

My wife and I are in a dispute over some land with our neighbours, rather than go into the specifics on the detail, I'll stick to my main point. As advised by our solicitor , we went around to see them yesterday to inform them that that they would be be getting a legal letter from our solicitor this week ,and that they would then ahave a right to reply to that letter to put forward their case (both parties are adamant that they are in the right).Things got a little bit heated (from their side, not ours) and it ended up with me being manhandled out of their house, whilst my wife was left inside.

I am going to the Police station this morning to put this on record, but I do not think that i should press charges as this would only add fuel to the fire. Am i right to think this, or should i not put it on record at all?

The guy next door,who moved in with my neighbour 6 months ago (she is the houseowner) was really aggressive. Rather than fight back i just lket him throw me out or it could have got really very nasty indeed.

Thanks in advance.

Regarding the house, I believe the deed to each household specifies on what land is yours which would be a simple enough route to take. I remember my Dad having this problem and he checked the deed to his house at the time. Case was closed in seconds.

As for the manhandling, definitely report.

 

[Philzo-93]

Don't you have to make an open and honest disclosure about any historical or existing neighbourly disputes when selling the property ?

Yes you do! But then it is at the estate agents' discretion to let the buyer know I think. Or I am talking out of my arse!

 

[seagullsovergrimsby]

Yes you do! But then it is at the estate agents' discretion to let the buyer know I think. Or I am talking out of my arse!

The purchaser has legal redress to sue the seller as it has to be divulged in the solicitor's paperwork which is compiled before exchange of contracts.

 

[nwgull]

Sounds strange that they can claim this freehold when there is nothing on the deeds. It's the sort of thing that would/should have come out in the searches when you bought your place.

Your neighbour - more importantly her partner - probably knows that she's on very shaky ground; hence the aggression when you let them know that you're taking the appropriate legal route.