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do we just do nothing....

7 replies

Pat123dev · 19/03/2021 23:52

We've lived in our property for over a decade, our neighbours, who've owned their property for a few years longer than us.
Long of the short, they thought they owned property our side of the boundary, showed them deeds, clearly shows it is in our title deeds. So we thought case closed. No.....now they're saying we put the fence up on their land. We didn't, it's been there before we moved in. We have repaired and maintained it- with the verbal permission....
They dropped a letter stating a few lies but that also we had remove the fence or they would. We sort legal advice, they sent letter stating they would be trespassing etc. They post a letter saying that they will instruct their solicitor to write to our solicitor. My question.....why would she do that? Surely our solicitor will only work if we instruct? We're not sure whether to ignore them now. It's completely crazy. I'm asking here as solicitor not in till Monday and it's stressing us! Why should we prove something that's been ok for a decade.....

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MarieG10 · 20/03/2021 06:49

I would suggest you write back. Keep it short stating that you refute their claim and why..ie the deeds. Also state that if they damage or try and remove the fence it amounts to a criminal act and will be reported to the police.

However, let them incur any expense. No solicitor can act for you without you instructing them.

Suggest you check out what legal insurance you have as you may need it. If they start pursuing it the cost will normally be prohibitive but any decent solicitor would advise them of this as well as it being pointless if the deeds are clear and the land is enclosed as large of your property

ApolloandDaphne · 20/03/2021 06:56

Just ignore them. If they want to spend money on instructing a solicitor to write back to yours then that is up to them. I don't think you need to go back to your solicitor at this point. The ball is firmly in their court.

Pat123dev · 20/03/2021 08:19

Thanks. It's just so frustrating, we've literally done nothing. The fence has been there for so long- we just don't get why someone would start a dispute over something that hasn't changed, ever. It's quite stressful, defending your property. I would understand if we'd moved it recently.....

Why would she get her solicitor to write to ours? I don't understand what that will achieve. What's interesting, it's a different solicitor to the one she originally consulted who obviously wasn't much help....

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Soontobe60 · 20/03/2021 08:21

Do you have the sale details from when you bought the house that has photos showing the fence? Or indeed any photos showing it that you can show them and say look, here’s the fence!

PotteringAlong · 20/03/2021 08:24

I can still find the original sale photos from my house on zoopla and we moved a decade ago - might be worth a google?

GoWalkabout · 20/03/2021 08:25

Let them burn through solicitors. How odd.

Pat123dev · 20/03/2021 09:15

It's countryside, so we're talking fields and tatty old posts....you'd think the posts would show it's been there goodness knows how long!!! The property was split when we each bought, before the parcels belonged to the same person- but the fence that runs the boundary line was there.

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