I'm really, really at my wits end, angry, frustrated and worried. It's kind of an update and another plea this time for anyone with legal knowledge who can tell me what to do next and preferably what CAN be done to end this property boundary debacle which has cost almost £10,000 in legal fees and 3 years of anxiety to my very elderly DF. And it's still not over.
I had a thread here about this but it's gone over the 90 day limit so I can't link, but it was titled something like "Will the mumsnet massive get behind me and DF, we're in court tomorrow". I had lots of lovely and helpful replies and advice and yes, there was a diagram.
But here we are, still. We have a Tomlin Order. The next door neighbours have signed and had witnessed their agreement to the boundary line which gives back, effectively, the bit of driveway which was his in the first place before the next door neighbour did a 'land grab' literally during the night.
I won't go into the long, long, complicated and endless delays and barriers that have been put up by these people but I'm sure you get the picture. But we eventually reached agreement after a judge at a first hearing ordered a mediated agreement.
The next door neighbours have recently paid their share of almost £1000 of the court costs of the order and land registry fees. The Tomlin Order specified the fence be taken down and the area of my DF's drive be put back the way it was (at their cost) by 16th August. All lovely.
The fence is still standing. They wrote a letter to my DF late on the Friday before Bank Holiday weekend and put it through his door too late for him to contact his solicitor, saying they might take it down last week of September 'weather permitting'. I was speechless with anger, my DF totally bemused and very confused about everything. My DF's solicitor seems to think his job is done. He wrote back a letter to the neighbour saying they should have taken it down by 16th August and to take it down sooner than they're saying.
They've ignored the letter. My DF is ailing through the stress.
I don't know what to do. The solicitor agreed the last bit of the mediated agreement would be for a fixed fee of £1000 each from my DF and the NDN. My DF already paid up front costs of £9000 because it was going to court. I feel like my DF has been left to the whims of this family who aren't going to do what the Court Order says, and that being the case it is not worth the paper it's written on. And it took 3 years.
Does ANYONE know what happens if they don't take it down? Do we get another new law firm involved and have to pay yet more money (that my DF now doesn't really have, this was his savings) just to be strung along for another year?
Thank you in advance. BTW if @nauticant is out there still, your thoughts would be much appreciated.