I would hazard a guess, even though the "building" has been taken down, if it was a case of potential land grab, as people were suggesting, then surely it would have been better to get your own surveyor in, to either confirm the boundary is correct or not, before going down the court route so that you were aware of or had a counter argument for the land grab?
Unauthorised building on your property
- Thread starter ikearns
- Start date
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Just to clarify, my mate has not started any legal proceedings other than contacting a solicitor and a letter being issued asking for the construction to be removed.
The builders and surveyor that turned up were from the local council (I know no more than that regarding department) and also as a result of the local radio. No monies with builders has changed hands regarding my friend.
The only 'explanation' which was offered and I couldnt say at the time as the solicitor said that it may affect the outcome was that the family member who came to pick up clothes for the neighbour said that the outbuilding was built too far over and when it was built to the dimensions given the builder just completed the build rather than question it. If that is true I dont know but I am sure removing fence panels and posts to put your slabs down must have rang alarm bells!!!
The boundaries have been confirmed by the solicitor as per the information received from StreetWise and the solicitor has issued a letter stating that my mate intends to re-establish the fence line.
The builders and surveyor that turned up were from the local council (I know no more than that regarding department) and also as a result of the local radio. No monies with builders has changed hands regarding my friend.
The only 'explanation' which was offered and I couldnt say at the time as the solicitor said that it may affect the outcome was that the family member who came to pick up clothes for the neighbour said that the outbuilding was built too far over and when it was built to the dimensions given the builder just completed the build rather than question it. If that is true I dont know but I am sure removing fence panels and posts to put your slabs down must have rang alarm bells!!!
The boundaries have been confirmed by the solicitor as per the information received from StreetWise and the solicitor has issued a letter stating that my mate intends to re-establish the fence line.
I'm glad everything is back in order.
One question (I can't be bothered to re-read the post), didn't you say you knew the builder and he was a stand-up guy? Then why didn't he build off a proper footing?
One question (I can't be bothered to re-read the post), didn't you say you knew the builder and he was a stand-up guy? Then why didn't he build off a proper footing?
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No, neither me or my mate ever met the original builder. A 3rd party builder came round as a result of the radio broadcast and said that he knew who the original builder was and vouched that he wasnt a cowboy however knowing what we know now (no foundations, starting in the wrong place) all seems to contradict that!
What an interesting subject (apart from the sniping). I assume the council did decide to force the issue.
But would the owner have done the decent thing if the council hadn't? and what sort of a 'reasonable' builder decides to remove a boundary and build into a neighbours garden? unless of course the fence had already been removed, or he had been told that it was being done with the agreement of that neighbour who just happened to be conveniently away?
But would the owner have done the decent thing if the council hadn't? and what sort of a 'reasonable' builder decides to remove a boundary and build into a neighbours garden? unless of course the fence had already been removed, or he had been told that it was being done with the agreement of that neighbour who just happened to be conveniently away?
Any more developments?
No news from the front?
M
munchingB
going through a county court is not a procedure that will tie you in legal knots and create delays. it can drag on for a couple of years but you will sit before a judge 28 days after the paper work has gone through the system and they will make a recommendation there and then and you will leave will a general feeling of the outcome.
i just saw a post from someone saying dont go legal dont go legal...
do whatever your doing(your mate) and get your bits in place to present to a court in simple laymen terms pointing out all the obvious aspects involved and the action you have taken so far to resolve the issue.
you will not need a solicitor and i would recommend that you stay as far away from solicitors as possible and just do it for yourself.
it is a very very simple and cheap procedure.
i just saw a post from someone saying dont go legal dont go legal...
do whatever your doing(your mate) and get your bits in place to present to a court in simple laymen terms pointing out all the obvious aspects involved and the action you have taken so far to resolve the issue.
you will not need a solicitor and i would recommend that you stay as far away from solicitors as possible and just do it for yourself.
it is a very very simple and cheap procedure.
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