Legal Help

**Celestine** · 15th July 2013, 20:38:PM

Re: Legal Help

The only solicitors I know and can recommend in this area is Stephenson's

http://www.stephensons.co.uk/site/in...dary_disputes/

They may well be able to advise better on this dispute.

Hopefully also some LB'ers will be able to assist.

**IanM** · 15th July 2013, 21:37:PM

Re: Legal Help

Originally posted by Lowry123 View Post

Does anybody know if I can get legal representation on a boundary dispute..(no I dont have it on my building insurance)

Lease two properties.

Both own the Freehold Tenants in Common

Both Have Parking Spaces Pural in Lease and also noted on the LRegistry

However....neighbour is trying to claim trespass (he has two vehicles and uses both spaces) I have one and only use one space....however he wants me to give him my space.

So far I have played ping pong with letters refute allegations....now he wants mediation 50/50 cost £450.00 this is expensive ( i am on working tax credit)

Thought the Burden of Proof lies with Claimant

This is an open plan drive with no registered boundary and its a general boundary. You can only get 4 cars on the small area!

Any comments please

Police involved due to intimadation and bullying tactics.....

Hi Lowry, welcome to the forum.

If you believe you need to obtain proper legal advice then ring round your local firms of solicitors and ask if any of them offer a free initial interview where you can double check your rights as per the conditions in the lease.

The main point you need to remember is if it is written in the lease that each tenant has their own allocated parking space then there is nothing the neighbour can do to make you 'give' him your parking space without your agreement and a re-write of the leases for both properties.

If you do not wish to give him your space then put it in plain English in writing to him that you have no intention of giving up your legal right to your parking space and any continued interference with your ability to park or threats against you personally will be reported to and dealt with by the relevant authorities.

I must ask though, if there is enough space for 4 cars then why the problem with 3?, or does the parking area allow for turning round as well as parking, leaving enough room to park 2 cars only?

Tell him to stick his mediation or pay for it himself, which will be a waste of money as you will still refuse to give up your space.

**Lowry123** · 15th July 2013, 21:51:PM

Re: Legal Help

neighbour owns two cars and his lodger one (two young boys who love cars) I have a little mini and he wants me to use the area which is a feature on the land as my parking space...then he can have more space for himself! so he can get 3 cars all for him
he parks tandem I have to do the same park tandem...as I can squeeze my car in at the top of the feature and then my visitors can have my space
when he moved in he kept knocking on the door so his women friends can stay the night ! Lucky him!
Now hes got a Family Sols...who sends me letters that should be filed in the Laugh and Giggle File

However i have to be responsible in case it goes to court...The Judge wont like it if I ignore him.

The bullying he parks within 6 inches of my car and then they block me in did this for a period of 6mnths
until I threatened to breach his lease.
As its me writing back to sols she thinks shes Judge Judy! Yes I blabbed to the SRA sOls Reg Auth about her professional conduct
sending letters and documents that are misleading courts, legal profession and third parties....
The Police are shocked at the letters...but its a civil matter and all they can do and have done is tell him to pack in the bullying....
But I think its gonna end up in Court and maybe he will then listen to judge ruling
Lease says parking spaces.....showing an area green for him and orange on my plan.....but he thinks hes got a large green than my orange.....this is all drama and should be left for the stage

**IanM** · 15th July 2013, 22:04:PM

Re: Legal Help

Originally posted by Lowry123 View Post

neighbour owns two cars and his lodger one (two young boys who love cars) I have a little mini and he wants me to use the area which is a feature on the land as my parking space...then he can have more space for himself! so he can get 3 cars all for him
he parks tandem I have to do the same park tandem...as I can squeeze my car in at the top of the feature and then my visitors can have my space
when he moved in he kept knocking on the door so his women friends can stay the night ! Lucky him!
Now hes got a Family Sols...who sends me letters that should be filed in the Laugh and Giggle File

However i have to be responsible in case it goes to court...The Judge wont like it if I ignore him.

The bullying he parks within 6 inches of my car and then they block me in did this for a period of 6mnths
until I threatened to breach his lease.
As its me writing back to sols she thinks shes Judge Judy! Yes I blabbed to the SRA sOls Reg Auth about her professional conduct
sending letters and documents that are misleading courts, legal profession and third parties....
The Police are shocked at the letters...but its a civil matter and all they can do and have done is tell him to pack in the bullying....
But I think its gonna end up in Court and maybe he will then listen to judge ruling
Lease says parking spaces.....showing an area green for him and orange on my plan.....but he thinks hes got a large green than my orange.....this is all drama and should be left for the stage

Keep all his letters and take photos every time he parks outside his allocated parking area, and also take some of the whole area, the area when you are parked where you are allowed to park and a few of all the other cars he allows to park there.

Is it possible to paint markings on the parking area showing the exact boundary as set out in the lease? It would make your photos more clear to a judge if the area was clearly marked unless the infringement was absolutely blatant enough to see without.

Send him one final letter telling him that you refuse to give up your allocated parking space under any circumstances and any further attempts at threatening you will be reported to the police and if he 'trespasses on your legal parking space' at any time in the future you reserve the right to employ a firm of clampers to clamp his car until such time a release fee is paid to the clamping firm.

**Lowry123** · 15th July 2013, 22:14:PM

Re: Legal Help

Im like David Bailey twitching at the curtains logging everything I can as told to do by the Police and I have to call the Police everytime hes blocked me...hes being a good boy at the moment cos ive told his sols I have evidence for the courts
Its him claiming Trespass and Encroachment and its should be me!!!!!
The latest news is he now trying to measure land with a 3mtr tape measure from wickes with his 20yr old gfriend.....Yeah right thats how Land is measured

Last letter sent to his sols

I refer to your letter dated 2nd July 2013, respectively. I will address your points in turn for your ease.

Ownership

Your client is fully aware of my circumstances. I note you refer to my correspondence dated 18th December 2012; however there has been additional correspondence with yourself and the Claimant clearly stating point of contact.

Claimants Dispute

You are aware the Claimant purchased his property at the end of September 2012. Since moving in, he has utilised parking spaces, as defined in his lease. These two parking spaces are used regularly, one for himself, the other, his lodger (Mxxxxxxh).

In November 2012 the Claimant acknowledged I have "parking spaces" and disturbed me on more than one occasion to request the use of my "parking space/s" to accommodate himself/lodger's overnight guest. Subsequently he also stated that I could “text” him to move their cars whenever I needed access to my "parking space/s". This further confirms acknowledgement by the Claimant that Flat 1 does indeed have "parking spaces".

In an effort to resolve this matter expeditiously, I wrote to you on the 20th March 2013, advising, where appropriate, documents could be obtained. This evidence would refute your unfounded allegation/s. To date no reply has been received regarding this letter. It is not for the Defendant to provide copy documents at a cost to themselves, facilitating your Claimant's dispute and unfounded allegation of trespass/encroachment. Surely the burden of proof is on the said Claimant.

'Your comment that the Claimant has been patient'.

From early November 2012 to April 2013 inclusive, the Claimant coupled with his lodger’s behaviour has been totally unreasonable. On the 2nd January 2013, I returned home unable to park due to issues relating to the lodger’s vehicle. I requested he move his vehicle enabling me to gain access. Consequently I was advised that the Claimant requested he park in this area. The Police were consulted with regards to both the Claimant and the lodger’s unreasonable behaviour, resulting in myself being victimised in my own home. I have been subject to intimidation by way of vehicles parked in a manner that has caused great concern and distress. The Claimant and his lodger along with their visitor/s have proceeded to block my access on numerous occasions thereafter. Again as per previous correspondence, clear and concise evidence can be produced for the purposes of the court.

You have sent letters and documents (incomplete title plans) that are misleading the courts, legal profession and third parties. You have also cited unfounded allegations without proof of claim, hence Police involvement, who have equally witnessed the Claimant Mr xxxxxx and the Claimant's lodger, Mr xxxxxxx parking and intimidation tactics. Wrapping cars in cling film, parking within inches of my vehicle and blocking my access has naturally attracted attention from the Police and neighbours alike. Does this demonstrate a Lessee/Tenant in Common trying to be amicable towards the other party, a question often put to me?

Your client instigated a discussion with me early February 2013, requesting Mr xxxxx telephone number. I therefore wrote to the Claimant in February 2013, advising that all requests should be addressed to Mr xxxxx and myself, an appeal you have both chosen to ignore. At this time please note that all correspondence sent via your offices has been replied to in a timely manner. In consideration of the claim made against myself, it is I that chooses to exercise patience when dealing with an unproven claim.

"Your comment the Claimant has been trying all avenues to sort out his claim".

I would respectively remind you that burden of proof falls with the Claimant. Until I receive court papers from the Claimant citing trespass, I am under no legal obligation to reply to any correspondence from a neighbour or local law firm. Ultimately this is my free choice.

Easements

The Claimant is aware access is required at all times to all entries of the property, both front and rear of the building along with the communal bin area. I therefore await a copy of the Claimant's Chartered Land Surveyor expert report with supporting evidence on the proportion of dominant tenement that your Claimant is claiming the said encroachment/trespass.

Finally, as requested, I confirm that I have "parking spaces" plural and confirm the Claimant has two parking spaces as per your statement in your letter dated 2^nd July 2013. To date the Claimant consistently utilises the said car parking spaces to optimum levels.

Please find attached an official copy of the Register of Title for the freehold of xxxxxxxRoad, confirming flat 1 has parking spaces “plural” and not “single”.

Yours Sincerely

**IanM** · 15th July 2013, 22:21:PM

Re: Legal Help

Job done!

**Lowry123** · 15th July 2013, 22:28:PM

Re: Legal Help

Job DONE....I hope so... I will probably get a nice plan that has some daft measurements on done by a girl in her beach shorts and himself...!!!
I told sols to look at General Boundary Rule ETC....flippin eck....i shouldnt have to tell her how to read LRA...she even had the cheek to tell me my lease has a typing error and it should be a space! ALso he will have to declare a dispute if he sells....its his first home....and Im not going to be selling for a long time

I am worried about Mediation....what the eck are we mediating about!

**Lowry123** · 14th December 2013, 20:34:PM

Re: Legal Help

Update:

we have both got parking spaces plural on Lease and Freehold Titles..... shown evidence to the Claimant.....his claim is false of owning 2/3rds of a shared driveway...Documents etc Lease Plans Estate Agents Photos Police Reports .......he still wants to pay £1400 for mediaton and I to share cost...we have got to LBA I have put in Counter Claim...and Protection From Harrassment S1.
Hes measured the area with a 3mtr DIY TAPE!!!!

His solicitor who was also his conveyceyning

...DOESNT seem to get the General Boundary Rule...Plotted Lines on a Plan....and just IGNORES...anything put to them!!!!!

Any advice....would be Great

Ive quoted law cases from Court of Appeal etc

Dear Charlotte,
Further to your letter dated 11^th November 2013 enclosing the draft proceedings, please treat this email as the proposed Defendant’s (PD’s) full response to your client’s claim in accordance with the Pre Action Protocol as set out by the CPR 1998:-

1.The claim is not accepted by either of the PD’s. Furthermore, as there appears to be no legal basis for adding me as a party to the proposed proceedings having regard to the allegations made and after considering this response, should your Client instruct you to issue, then an immediate application will be made to strike out the claim with an appropriate order for costs.

2.The allegations of trespass/encroachment upon your Clients property are completely without foundation for the following reasons:-

(a)The term “parking spaces” as defined in The Third Schedule on the Ground Floor Flat (GFF) is correct and not a drafting error. This is supported by the !!!!!!!!!!Town Planning Decision Notice granted in 2002, where parking spaces in the plural were to be provided for residents and visitors as a condition. Given that reference is made to the terms “parking spaces” in the PD’s lease under title number DT!!!!!!!not forming part of the Freehold Title, the PD’s are entitled to bring this to the attention of the Land Registry to correct the error which occurred on first registration of the title and no prior reference to your Client as joint Freeholder was required.

(b)It is alleged your Client owns two thirds and the PD’s one third of the allocation of parking spaces. This is denied. It is a common principal of boundary disputes to refer to the Conveyance i.e. lease. In addition consideration should be given to extrinsic evidence by reference to what the reasonable layman would have thought as laid out:-

(c) in the decision of Acco Properties Limited v Severn [2011] EWHC 1362 (Ch). Furthermore, the case of Cameron –v- Boggiano and another [2012] EWCA Civ 157, the Court of Appeal held that a conveyance plan was inadequate due to black lines and slap dash colouring . The Court upheld that it was permissible when construing the Conveyance plan, to seek assistance from extrinsic evidence as at the date of the Conveyance.

(d) Guidance is also laid out in the latest Land Registry Practice Guide where plans are usually no more than a general guide to the boundary prepared under the “general boundaries rule” meaning the exact line of the boundary will be left undetermined by the Land Registry.

3.Your Client has used two parking spaces continuously shared between himself, his Tenant and visitors throughout the period of his ownership, therefore your Clients statement he hasn’t been able to exercise such a right is clearly incorrect.

4.The PD’s intend to make a counterclaim against your client equivalent to your clients claim following a breach’s of the terms of his lease, namely:-

Clause 9, states “ The Lessee shall not do or permit or suffer to be done in or upon the Premises anything which may be or become a nuisance or annoyance of cause damage of inconvenience to the Lessor or the owners or occupiers the Premises…”

Clause 21 states “The Lessee shall not obstruct or permit any obstruction in or on any drives designated parking spaces or paths to the reserved property.”

For over 12 months, your Client and your Client’s Lodger who moved into the Property in September 2012-August 2013, have caused the First proposed Defendant (PFD) significant amount of duress,by way of obstruction of the PD’s property, PFD’s vehicle as well as causing unnecessary noise and disturbance, the facts of which your Client will be fully aware of but full details will be supplied on request if required.

5.The PD’s allege that your Clients was wholly or partly to blame for the problem that has led to this dispute by way of the following facts:-

(a)Since your Client moved into the Property, the PFD has been on the end of various letters stating he and indeed your firm alleging a trespass. The PFD has refuted all allegations by providing credible evidence dismissing the allegations made.

(b)The PFD has requested firm evidence from your Client to rebut the evidence presented by requesting reliable measurements of the land in dispute which has never been forthcoming.

(c)Your letter of claim fails to provide a single coloured plan in support which is a fundamental error when presenting your Clients claim.

6.The PFD has not rejected your Clients proposals for ADR. Your Client made a proposal for mediation. The PFD requested further information prior to mediation as to an agenda on all key points and measurements to be utilised as a baseline allowing a constructive meeting to then take place. As you are no doubt aware, given the allegation set out in point 4 above, !!!!!!!Police have been involved. safeguarding the PFD’s interests who in turn recommended an alternative mediation process which your Client declined to take up.

7.The PD’s intend to rely of the following essential documents:-

(a)!!!!!! Town Planning Decision Notice 2002.

(b)A set of coloured Land Registry Plans for both Leasehold/Freehold Titles.

(c)Photographic Evidence.

(d)Documentary Evidence.

(e)Neighbours Witness Statement.

(f)Estate Agents Sales particulars.

(g)Google Maps 2002/2012

(h)Police Incident Report and emails.

(i)Claimants Text Messages

Copies of all the above are immediately available on request if required.

8.As to copies of further relevant documents not in the PD’s possession, please supply the following:-

(a)Evidence supporting accurate measurements of the parking spaces (excluding feature garden)

(b)Copies of your Clients Tenancy Agreement including full use of the parking area from September 2012 for !!!!!!!!!and !!!!!!!!!!!

There response was claimant measured drive and I can measure it myself!!! he denies the counter claim and his tenants live on Licence with him on an informal agreement!!!! What a load of hassle for over 14mnths!!!!!!!!!!!!

HELP

Please note for the record, the PD’s are open to resolving this matter, subject to establishing what issues are outstanding so as to narrow them a far as possible and undertake a further review of our respective positions to see if proceedings can be avoided.

I await your further reply. Please ensure this is sent by formal correspondence as previously advised in the first instance as well as to this email address given I will be out of the Country as of tomorrow for most of this month as previously ad

**Lowry123** · 14th December 2013, 20:35:PM

Re: Legal Help

we have both got parking spaces plural on Lease and Freehold Titles..... shown evidence to the Claimant.....his claim is false of owning 2/3rds of a shared driveway...Documents etc Lease Plans Estate Agents Photos Police Reports .......he still wants to pay £1400 for mediaton and I to share cost...we have got to LBA I have put in Counter Claim...and Protection From Harrassment S1.
Hes measured the area with a 3mtr DIY TAPE!!!!

His solicitor who was also his conveyceyning

...DOESNT seem to get the General Boundary Rule...Plotted Lines on a Plan....and just IGNORES...anything put to them!!!!!

Any advice....would be Great

Ive quoted law cases from Court of Appeal etc

Dear Charlotte,
Further to your letter dated 11^th November 2013 enclosing the draft proceedings, please treat this email as the proposed Defendant’s (PD’s) full response to your client’s claim in accordance with the Pre Action Protocol as set out by the CPR 1998:-

1.The claim is not accepted by either of the PD’s. Furthermore, as there appears to be no legal basis for adding me as a party to the proposed proceedings having regard to the allegations made and after considering this response, should your Client instruct you to issue, then an immediate application will be made to strike out the claim with an appropriate order for costs.

2.The allegations of trespass/encroachment upon your Clients property are completely without foundation for the following reasons:-

(a)The term “parking spaces” as defined in The Third Schedule on the Ground Floor Flat (GFF) is correct and not a drafting error. This is supported by the !!!!!!!!!!Town Planning Decision Notice granted in 2002, where parking spaces in the plural were to be provided for residents and visitors as a condition. Given that reference is made to the terms “parking spaces” in the PD’s lease under title number DT!!!!!!!not forming part of the Freehold Title, the PD’s are entitled to bring this to the attention of the Land Registry to correct the error which occurred on first registration of the title and no prior reference to your Client as joint Freeholder was required.

(b)It is alleged your Client owns two thirds and the PD’s one third of the allocation of parking spaces. This is denied. It is a common principal of boundary disputes to refer to the Conveyance i.e. lease. In addition consideration should be given to extrinsic evidence by reference to what the reasonable layman would have thought as laid out:-

(c) in the decision of Acco Properties Limited v Severn [2011] EWHC 1362 (Ch). Furthermore, the case of Cameron –v- Boggiano and another [2012] EWCA Civ 157, the Court of Appeal held that a conveyance plan was inadequate due to black lines and slap dash colouring . The Court upheld that it was permissible when construing the Conveyance plan, to seek assistance from extrinsic evidence as at the date of the Conveyance.

(d) Guidance is also laid out in the latest Land Registry Practice Guide where plans are usually no more than a general guide to the boundary prepared under the “general boundaries rule” meaning the exact line of the boundary will be left undetermined by the Land Registry.

3.Your Client has used two parking spaces continuously shared between himself, his Tenant and visitors throughout the period of his ownership, therefore your Clients statement he hasn’t been able to exercise such a right is clearly incorrect.

4.The PD’s intend to make a counterclaim against your client equivalent to your clients claim following a breach’s of the terms of his lease, namely:-

Clause 9, states “ The Lessee shall not do or permit or suffer to be done in or upon the Premises anything which may be or become a nuisance or annoyance of cause damage of inconvenience to the Lessor or the owners or occupiers the Premises…”

Clause 21 states “The Lessee shall not obstruct or permit any obstruction in or on any drives designated parking spaces or paths to the reserved property.”

For over 12 months, your Client and your Client’s Lodger who moved into the Property in September 2012-August 2013, have caused the First proposed Defendant (PFD) significant amount of duress,by way of obstruction of the PD’s property, PFD’s vehicle as well as causing unnecessary noise and disturbance, the facts of which your Client will be fully aware of but full details will be supplied on request if required.

5.The PD’s allege that your Clients was wholly or partly to blame for the problem that has led to this dispute by way of the following facts:-

(a)Since your Client moved into the Property, the PFD has been on the end of various letters stating he and indeed your firm alleging a trespass. The PFD has refuted all allegations by providing credible evidence dismissing the allegations made.

(b)The PFD has requested firm evidence from your Client to rebut the evidence presented by requesting reliable measurements of the land in dispute which has never been forthcoming.

(c)Your letter of claim fails to provide a single coloured plan in support which is a fundamental error when presenting your Clients claim.

6.The PFD has not rejected your Clients proposals for ADR. Your Client made a proposal for mediation. The PFD requested further information prior to mediation as to an agenda on all key points and measurements to be utilised as a baseline allowing a constructive meeting to then take place. As you are no doubt aware, given the allegation set out in point 4 above, !!!!!!!Police have been involved. safeguarding the PFD’s interests who in turn recommended an alternative mediation process which your Client declined to take up.

7.The PD’s intend to rely of the following essential documents:-

(a)!!!!!! Town Planning Decision Notice 2002.

(b)A set of coloured Land Registry Plans for both Leasehold/Freehold Titles.

(c)Photographic Evidence.

(d)Documentary Evidence.

(e)Neighbours Witness Statement.

(f)Estate Agents Sales particulars.

(g)Google Maps 2002/2012

(h)Police Incident Report and emails.

(i)Claimants Text Messages

Copies of all the above are immediately available on request if required.

8.As to copies of further relevant documents not in the PD’s possession, please supply the following:-

(a)Evidence supporting accurate measurements of the parking spaces (excluding feature garden)

(b)Copies of your Clients Tenancy Agreement including full use of the parking area from September 2012 for !!!!!!!!!and !!!!!!!!!!!

There response was claimant measured drive and I can measure it myself!!! he denies the counter claim and his tenants live on Licence with him on an informal agreement!!!! What a load of hassle for over 14mnths!!!!!!!!!!!!

HELP

Please note for the record, the PD’s are open to resolving this matter, subject to establishing what issues are outstanding so as to narrow them a far as possible and undertake a further review of our respective positions to see if proceedings can be avoided.

I await your further reply. Please ensure this is sent by formal correspondence as previously advised in the first instance as well as to this email address given I will be out of the Country as of tomorrow for most of this month as previously ad

**CleverClogs** · 14th December 2013, 21:21:PM

Re: Legal Help

It could be summed up as:

Your client's case is crap
Your client has no real documentation or proof for his daft claims
If he tries to go ahead, I'll ask for it to be struck out and for costs so far to be awarded
If this were to go to trial, your client will lose and will lose again on appeal
Do you want to reduce your client to living in a one room bedsit with all his remaining personal possessions in an old shoe box?

**Lowry123** · 14th December 2013, 21:31:PM

Re: Legal Help

I am trying to defend myself from this Claim and the Claimant and the daft solicitor
I HAVE told them its all garbage and I will go for cost....however if I dont go to mediation then the courts look bad on me....why I need mediation when facts are facts is beyond me!
Think is solicitor just wants some dosh

**CleverClogs** · 14th December 2013, 22:56:PM

Re: Legal Help

Originally posted by Lowry123 View Post

he still wants to pay £1400 for mediaton and I to share cost...

Yet, in post #1, the cost of mediation was £450, of which you were supposed to pay half.

Are you sure that's not a typo to say he's now on medication?

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