Without Prejudice save to costs letter but facts wrong

[SamDand]

We have had a dispute rumbling with our neighbour for a while now.
We are the middle of three houses. Horrible neighbour has their septic tank in our other lovely neighbours garden. The septic tank does not have a proper cover with just some paving slabs laid across. Us and lovely neighbour have fenced it off with barrier netting and made a false fence that can be pulled back but only if you know it is there. We have told the sewage company and horrible neighbour where it is and how to open it and the septic tank has been successfully emptied but we refuse to leave a gap in the fence as we have seen delivery drivers and the posties cut through between the three properties. We have both asked horrible neighbour to put a proper cover on but they have ignored us. They seem determined to take us to court and are continually threatening through their solicitor. They have so far falsely accused us of eight or nine things and when we ask for details or evidence we hear nothing back though they still keep these points on their claim.
However, though we have allowed our neighbours access (to maintain their septic tank, though a fence was up for many decades with no opening), it is not where they want it and about 3 foot away. The septic tank is on our other next door neighbours land to which we obviously have no rights but their solicitor has come back in trying to resolve matters with the above heading on the letter and they want to erect a fence round and do we agree. We cannot agree as we do not own the land it is on which we have told them about twenty times. They have not contacted the lovely neighbour to ask their permission. We cannot work out if they are trying to be clever or the solicitor and neighbour are really dumb and by not agreeing as we cannot they will take us to court for not accepting their settlement.
Hope it all makes sense. So far we have received ten letters from their solicitor and each time they come up with something new to disagree on.

[efpom]

https://legalbeagles.info/forums/for...mad-neighbours

https://legalbeagles.info/forums/for...ute-resolution

Suggest you merge above posts i.e. keep to one thread. I have not read your "story" in detail, I have no wish to be disrespectful but, personally, I found it hard to discern the facts. I do think it might be worthwhile for you to set out the objective data, including the rights and obligations of the parties to this dispute. That would be useful for you and for contributors - I hope you catch the point,

[SamDand]

Thank you, I don not know how to merge the data.

it is confusing. We have had an Invesigation of Title carried out and even with sitting down with the solicitor and showing photos, plans and drawing where everything is in relation to each other we are waiting for him to come back to give us a date when he can visit because we realised he does not actually get the layout. We spoke to a specialist easement solicitor at the start who also never quite understood either, so we do wonder if our neighbours solicitor also does not get it.

Though it is related to the other posts my basic question is that if they have their facts wrong, I.e we do not own the part of land they are offering to build a fence on, therefore we cannot accept their offer even if we wanted to, can we be ruled against in court for not agreeing to it. We appreciate the solicitor is not acting for us but we don’t understand why he is not taking in the fact we don’t own the land, so are not sure if he is being clever and sneaky. This is the third solicitor from the same firm that has not taken our non-ownership into account. When we reply to their questions sho7ld they not take out answers into account?

[efpom]

I am not a land law expert, but it seems to me that in principle, you are correct because as the fence is to be constructed on someone else’s property, it’s not for you to agree to its construction.
You could, of course, raise an objection to it’s construction, if it interferes with your right over your own property or complain to the local authority, if you believe it’s construction would breach planning law
However, you have retained two separate solicitors who, presumably have examined all of the documents in the matter but have not been able to give you a clear answer on the 1^st paragraph above.
I hope your present solicitor will be able to give you that clear answer when he makes his site visit.

You could also write to the managing partner of the solicitor firm retained by your neighbour asking him/her to why that firm believes your agreement is required

[SamDand]

Thank you, that is helpful about contacting the managing partner. We previously contacted the SRA because their claim against us was all fabricated acts that we had asked for details and evidence and nothing was forthcoming from them yet they continued with the claim. What we find odd is that their claims are ridiculous and yet the solicitor continues. We are not surprised by our neighbours behaviour but are by the solicitor firm. A couple of solicitors we know (different areas of law) have intimated that they are earning through this so don’t care but surely this is unethical.