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Legal costs for dispute on private estate

(5 Posts)
ajandjjmum Mon 11-Apr-16 11:53:02

Some friends live on a 55+ private estate, comprising of individual properties. They live in a group of 6 properties, which are some distance away from the others.

There is a dispute with one of the owners who lives in the larger part of the development (ie. not within their group of 6), who thinks his boundary is in the wrong place. This will affect other tenants and there is a very vocal guy who is heading up opposition, and saying that they all need to contribute to a legal fund to fight this situation.

My friends - and some of their very elderly neighbours - are extremely worried that they may have to find substantial pots of money to fund a battle which they don't think affects them.

I realise that without seeing legal documents etc. it's impossible to be precise, but wondered if anyone has any experience or knows of any 'rule of thumb' which may help?

Thank you for any thoughts smile

ajandjjmum Mon 11-Apr-16 11:53:51

If it's relevant, they've lived there for 16 years - the guys who has raised the dispute moved in two years ago.

Collaborate Mon 11-Apr-16 18:31:25

Depends on what is in the lease. sounds unlikely they'll have to contribute if the boundary dispute doesn't involve them, but they should read the lease in full.

ajandjjmum Wed 13-Apr-16 05:16:16

Thank you Collaborate - means them hiring a solicitor, which is difficult as they don't have spare money. Their property is freehold, so they (nor I!) would have expected them to be involved in this sort of thing.

Collaborate Wed 13-Apr-16 08:24:54

No need to instruct a solicitor initially. They just need to read the terms of the transfer deed in to their names.

If their property is freehold then they'll have to look and see if they are a member of a residents association, and if so whether this boundary dispute involves the RA, and check the RA rules. Is one of the property owners claiming land that is in common ownership?

It seems highly unlikely, given their freehold estate, and my presumption that the other properties are freehold too, that they could be drawn in to a boundary dispute between two private owners. More information needed I think.

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