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Hi, what a relief to find this forum and I hope I can be of help to others as they can be to me. My issue is that we moved into the father in laws house following his death a year ago and have been subjected to property disputes (2) since then. One concerning an agreed right of way we have managed to deal with by challenging the neighbour in question who did not understand his deeds to either stop contacting us on this matter (after 7 months) or take us to court. However during the dispute on this right of way he gave us a copy of his 1975 conveyance which referenced a 1972 conveyance that erroneously re-granted an old right of way extinguished in a 1969 deed of exchange and release. I wrote and asked him to clarify his position in respect to this r.o.w on 3 occasions explaining the deed of release and could he give me a copy of the deed granting this right.but he totally ignored this matter even when stating i would be left with no option but instigating court action. Thus I have now had served upon my neighbour my claim for an order to alter his property register and a declaration that this particular r.o.w is erroneous. Could anyone advise me the position in that I feel as he refused any dialogue over the matter will this be taken into consideration with respect to costs. also if he does not reply at all can I file for a default judgement in this non money claim? Any help greatly appreciated?
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Re: Hi to everyone
Hi! I'm afraid I'm not the one to help you with your r.o.w. issue, but I can say welcome to Legal Beagles - it's good to have you here and I'm sure someone will be along who can answer your question. -
Re: Hi to everyone
Yes, his silence can be used against him re costs - parties should try to settle the matter by negotiation and resort to court as a last resort only. He has refused to do this so you are left with no option but court.
Yes, you can still apply for summary judgement (if the usual test are met) even though the remedy sought is non-financial.Comment
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