Another boundary dispute
Discussion
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?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 fLong 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.
kers!Now escalate to the High Court for a few more quid and get the Sheriffs to recover the money.
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 fLong 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.
kers!Now escalate to the High Court for a few more quid and get the Sheriffs to recover the money.
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...
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.
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