Another boundary dispute

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Discussion

James P

2,963 posts

239 months

Monday 3rd April 2017
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InitialDave said:
PhilboSE said:
The other party is probably looking at £30,000+ of costs (my dad's plus his own)
Will your dad actually get his money?
Once the costs are final/confirmed, if he doesn't come up with a satisfactory proposal, an interim then final charging order over the other party's property ought to be enough to concentrate his mind.

elanfan

5,526 posts

229 months

Tuesday 4th April 2017
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PhilboSE said:
Necro-thread resurrection to give an update.

Long story short: my father tried many attempts at engagement and to reach a mutually workable outcome but they were completely ignored. He engaged surveyors and took the other party all the way to court, retaining a good solicitor and a barrister for the court appearance, with all the usual tricks and tactics tried by the defendant and their solicitor - although they never filed a defence.

Last week judgement was made and my dad was awarded all of his costs to date and the other party has been given until May to remove the building and restore the original boundary. The other party is probably looking at £30,000+ of costs (my dad's plus his own) and has yet to bear the building costs.

The right result in the end, but it has taken 20 months and a significant outlay "at risk" on my dad's behalf just to get there.
That should teach the cheeky fkers!

Now escalate to the High Court for a few more quid and get the Sheriffs to recover the money.

Red Devil

13,100 posts

210 months

Tuesday 4th April 2017
quotequote all
elanfan said:
PhilboSE said:
Necro-thread resurrection to give an update.

Long story short: my father tried many attempts at engagement and to reach a mutually workable outcome but they were completely ignored. He engaged surveyors and took the other party all the way to court, retaining a good solicitor and a barrister for the court appearance, with all the usual tricks and tactics tried by the defendant and their solicitor - although they never filed a defence.

Last week judgement was made and my dad was awarded all of his costs to date and the other party has been given until May to remove the building and restore the original boundary. The other party is probably looking at £30,000+ of costs (my dad's plus his own) and has yet to bear the building costs.

The right result in the end, but it has taken 20 months and a significant outlay "at risk" on my dad's behalf just to get there.
That should teach the cheeky fkers!

Now escalate to the High Court for a few more quid and get the Sheriffs to recover the money.
Demolition of the lean to and restoration of the boundary is one thing: getting 30k back from the judgement debtor is quite another.

Victory in court is only the first step. Even a HCEO can't get blood out of a stone. If there are insufficient assets on which to levy it will be like trying to make water flow uphill.

If no payment is forthcoming then my next step would be to apply for an oral examination - https://formfinder.hmctsformfinder.justice.gov.uk/...
Cause the fecker maximum inconvenience/embarrassment.

As regards a Charging Order the question of ownership is crucial. These may helpful.
https://www.gov.uk/government/publications/chargin...
https://www.gov.uk/government/publications/notices...

PhilboSE

Original Poster:

4,451 posts

228 months

Tuesday 4th April 2017
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InitialDave said:
Will your dad actually get his money?
Yes, it's actually already been paid through the defendant's solicitor.

essayer

9,126 posts

196 months

Tuesday 4th April 2017
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Result!
A nice strong wall will mark that boundary nicely wink

numtumfutunch

4,762 posts

140 months

Tuesday 4th April 2017
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I know everything is on the web these days but are the records of these type of cases published anywhere in particular?

InitialDave

12,000 posts

121 months

Tuesday 4th April 2017
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PhilboSE said:
Yes, it's actually already been paid through the defendant's solicitor.
Top result, then!

Ian Geary

4,554 posts

194 months

Tuesday 4th April 2017
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Good result. Thanks for updating this as well.

Ian

PorkInsider

5,952 posts

143 months

Thursday 6th April 2017
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That's great news, OP.

Sir Bagalot

6,536 posts

183 months

Thursday 6th April 2017
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Great news, and thanks for the update

KAgantua

3,953 posts

133 months

Saturday 7th December 2019
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Hey what came of this op?

elanfan

5,526 posts

229 months

Sunday 8th December 2019
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KAgantua said:
Hey what came of this op?
Really?

KAgantua

3,953 posts

133 months

Sunday 8th December 2019
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Ha ha sorry misread the last couple of updates - d'oh!

Great result OP

bimsb6

8,064 posts

223 months

Sunday 8th December 2019
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Hooli said:
Has anyone told BT/the electric company? I'd like to know what they say about a pole that is now half indoors.
Thats a bt pole in his building leccy one is the one outside property.

pincher

8,672 posts

219 months

Monday 9th December 2019
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Did the shack get demolished and the boundary restored to the correct place, per the OP’s update?

The Mad Monk

10,493 posts

119 months

Monday 9th December 2019
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pincher said:
Did the shack get demolished and the boundary restored to the correct place, per the OP’s update?
Dunno. The OP is posting in another boundary dispute thread on here.

PhilboSE

Original Poster:

4,451 posts

228 months

Monday 9th December 2019
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pincher said:
Did the shack get demolished and the boundary restored to the correct place, per the OP’s update?
Yes. As noted above, another thread was interested in documented disputes, I linked to this one. Didn't intend for it to get bumped!

The whole situation just kind of fizzled out after the court case. I thought there was almost no chance my Dad would get the money nor the property reinstated as was but much to my surprise it all happened very quickly.

megaphone

10,804 posts

253 months

Monday 9th December 2019
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Any pictures of how it looks now?

The Mad Monk

10,493 posts

119 months

Monday 9th December 2019
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megaphone said:
Any pictures of how it looks now?
Yes please, just so that we can close the file.