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Mad Neighbours

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  • Mad Neighbours

    I thought I had posted this but cannot find it, so apologies if I have doubled up!

    I had previously posted about our difficult neighbours; bought a property with it’s own lane and parking area at the end of lane. Were aware previous owner (who died during purchase) did not have a good relationship with next door (3 properties in total, we are in the middle, one neighbour lovely, others are mad as a box of frogs), so we were very sure of our boundaries and what we were buying.

    Move in, lovely neighbour behaves exactly as you would wish and we now have a lovely relationship with them. Horrible neighbour complains about everything we do (on our own property), lots of letters. They come round and lay claim to our lane and parking area. We offer to sit down and we each get out paperwork. Wife goes crazy, shouting, arms waving, the works, husband is quiet, flapping arms like a penguin. Really odd.

    There is a boundary fence down between us and lovely neighbour. He took it down about 13 yrs previously as rotten and it was left down as convenient for him to cut through to get his logs but they are now happy for it to be put back. Everyone happy. Horrible neighbour complains as they used this gap for sewage company to cut through to empty their septic tank (weird layout as sits on lovely neighbours land). There is an easement in place with this neighbour for maintenance of sewage system). Sewage company have said the post and rail fencing we have put up does not stop them. We have said horrible neighbour can still have their septic tank cleaned if they are in synch with ours but they are not to park on our property if they are not in synch which would take up a parking space and / or block our access. The sewage company tanker would need to park on their drive and the engineer use a hose across our lane. We have also asked that they give us notice so we know when a stranger is coming on to our property.

    Horrible neighbours have instructed a solicitor who is threatening taking us to court for nuisance. For putting up a fence that is nothing to do with them in an area of our garden to which they have no access. We are incredulous that a solicitor has taken this on. We keep requesting documents proving their rights over this area or easement but they just sent details of an easement for a different area.

    The wife is obviously bipolar with psychosis and the husband has some serious introversion issues.

    At the beginning we spoke to a solicitor and they said no sensible solicitor would take them on and if they took it to court no judge would see in their favour. Their solicitor is also trying to get us to be responsible for their costs. This seems unfair as they would send a solicitors letter if we sneezed. They want us to go to arbitration regarding this at a cost of at least £3000. This is ridiculous.

    Do the courts throw out ridiculous claims like this? If they have some documentation to prove some rights do they need to show it to us? We have asked them numerous times for this and they just ignore us other than the initial title deeds, plans and easement that is incorrect as out of date (Properties were jigged around five years after the title plans, deeds and easement they have presented. We have told them this). Again they ignored this.

    Any advice greatly appreciated.
    Tags: None

  • #2
    I would get your own title deeds and plan for the land registry, will cost you no more than £6. this will tell you if your "Mad" neighbour is a dominant Tennant and has any rights over your land. possibly post the easement here.

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    • #3
      I have and they don’t. I should also add that they have made 7+ false accusations against us and when we have asked for details and proof we never hear about it again and then they make another false accusation. We are just astounded that the solicitor is pursuing it. We do not think they have done any homework and just believe the mad people.

      Would the court throw out timewasters?

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      • #4
        I would be doing everything I could to avoid court if I could, have you checked your home insurance and are you covered for these type of events? do you have legal cover? Some solicitors take on work because its bread and butter money isn't it? Send a letter is £100 or so. Maybe putting a gate there instead will shut them up? It is really easy to get into a tug of war with neighbours avoid at all costs could go on years & you don't want that. Apart from that I would just ignore their notes and wave at them, alternatively act just as mad that'll confuse them, whenever they send a complaint send them a thank you card ...!

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        • #5
          So we went to a solicitor who specialises in land law to look at all the titles etc of ourselves and neighbours. He has to look into it more thoroughly but his initial take on it is that everything we have said is correct.
          Can they still take us to court even if it is categorically proved they have no case? Would it not just get thrown out? Would they have to pay our court / barrister etc fees if they bring a case to court that is clear they are wrong and we have proved it before?

          Comment


          • #6
            Originally posted by SamDand View Post
            So we went to a solicitor who specialises in land law to look at all the titles etc of ourselves and neighbours. He has to look into it more thoroughly but his initial take on it is that everything we have said is correct.
            Can they still take us to court even if it is categorically proved they have no case? Would it not just get thrown out? Would they have to pay our court / barrister etc fees if they bring a case to court that is clear they are wrong and we have proved it before?
            Well they would be mad to wouldn't they? but you know, they obviously are like a box of frogs, so they might, but if they do and they are proved wrong they will have to pay your fees. Have you got legal cover on your house insurance? you might be able to get some advice from them, if its a good policy you might be able to get your own choice of solicitor paid for by them,

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            • #7
              No we don’’t have legal cover on our home insurance. Never needed it before and owned property since 1991. Also now we are in the throes of a neighbour dispute assume we would not be covered even if we did take it out. I did look this year when I renewed just out of interest and all the insurance for legal cover linked to home insurance did not cover neighbour disputes.
              We had contacted the SRA regarding the solicitor on a number of points but though they admitted their letter was badly worded they did not find them at fault. Wonder if we should go back to them if their solicitor continues to act for them if it is categorically proven that they have no case whatsoever. Seems they have either not done any research or know they are wrong but continuing regardless. It has seemed strange all along that the solicitor is continuing with this when they are obviously mad and a very flimsy case. Really don’’t think the wife could hold it together for an hour meeting without losing her temper.
              Last edited by SamDand; Yesterday, 01:59:AM. Reason: Some typos

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