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Deeds Interpretation: can anyone help? please?

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  • #31
    Re: Deeds Interpretation: can anyone help? please?

    Buy out damages are capped at the sum that the injured party might reasonably have demanded in return for granting the wrongdoer permission to carry out the unlawful act;
    in other words
    "
    The other measure used is for the court to assess what they think you would have had to pay to obtain access, if you had negotiated with your neighbour. "

    Are they seriously thinking a court believes you would have agreed to over £10000, when you could have obtained a court order under ATNL?

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    • #32
      Re: Deeds Interpretation: can anyone help? please?

      Dear Des8
      I really don't know! I think they've incurred legal fees already so they are throwing everything at me - like you say to intimidate me into giving up - they've got nothing to lose now. If they go to Fast Track they'll be able to claim their legal fees. I can't think why they would be able to call 6 witnesses? I can see their Party Wall Surveyor being one of the witnesses but who the others would be I have no idea. There was no damage.

      Anyway - thank you very much for all your help. I will keep you posted. Looks like it will be dragged out to the bitter end. Unbelievable.

      Thank you.

      Comment

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