Legal Advice - Re Neighbour

RaohNS · 8 Aug 2016 at 16:39

Basher said:
Apparantly it's Section 7 of the Interpretation Act that states it's proof of postage that is required. It is assumed that the letter was received/read unless the received can prove otherwise.

So I would just go down to the court and complete a stat dec. Simple now you have to start again.

I've been through this with almost every aspect of civil litigation. Have won it and seen my own proof of postage over turned (even with a signature!)

Tefal · 8 Aug 2016 at 18:22

Basher said:
They need to prove that they sent it, not that the other person received/read it.

That's what I've been told when I asked 'do you send everything recorded'.

But it was aent standard post.

I doubt the recielt for a staml would count as proof

Em3bbs · 8 Aug 2016 at 18:31

Tefal said:
But it was aent standard post.

I doubt the recielt for a staml would count as proof

Proof of postage on standard post is a receipt with a postcode on it. It's not a receipt for a stamp.

RaohNS · 8 Aug 2016 at 18:50

Em3bbs said:
Proof of postage on standard post is a receipt with a postcode on it. It's not a receipt for a stamp.

But even that can be overturned if you know the system.

The only assurance is a signature (and even that is not 100% assured).

LzR · 8 Aug 2016 at 20:05

Tysonator said:
Hi,
The issue is that my friend has a fence which is leaning a neighbours fence for support, and the neighbour wants to replace their fence. So instead a nice polite chat between the interested parties, the neighbour has sort legal council and my friend has received a solicitors letter. Stating that their fence must be removed in 14 days from the date of the letter or the client may seek a legal notice and injunction, or may choose to act in person by instructing a contractor to remove the said fence to gain access to theirs ( as the neighbors fence is between their brick garage and my friends fence, making the neighbors access very narrow) and any costs incurred by the client in doing so will be recovered in the small claims court, along with any fees and associated cost.

My friend is well aware that their fence needs to be removed and re-erect the fence with sturdier supporting pillars.

So my question is, how valid is the 14 days notice period from the date of the solicitor’s letter for the rectification of the fence to be completed by. Given the fact the letter was date 2 days before my friend received the letter via the letter box. The letter was not a recorded or special delivery ! ?

Many thanks

The notice period is valid from the date they give it, not the date you receive it, as they are the ones 'giving notice' to you (or your friend in this case).

Tomsk is correct below.

Tomsk said:
Unless it's been issued by a court the 14 days notice is not enforceable.

If the neighbour does hire someone to remove your friend fence without your friend's permission, then they might be liable for criminal damage and trespass.

Now, they can give notice that they intend to take legal action, but they cannot make the same claim to remove the fence in person or by anyone else for that matter. That is trespassing and criminal damage and your friend would be the one seeking a court injunction to stop his neighbour doing anything, not the other way around. An injunction by definition stops someone, not forces them in to action.

The solicitor is doing the usual first contact where they'll treat the recipient as someone who knows nothing about the law and hope they agree. It's a pretty poor effort to say the least, I could personally walk all over that.

Tefal said:
what if he removes his fence ant the ops friends falls down because it was leaning on his?

is that damage?

Yes

RaohNS · 8 Aug 2016 at 20:15

Psi Jay said:
The notice period is valid from the date they give it, not the date you receive it, as they are the ones 'giving notice' to you (or your friend in this case).

Tomsk is correct below.

Now, they can give notice that they intend to take legal action, but they cannot make the same claim to remove the fence in person or by anyone else for that matter. That is trespassing and criminal damage and your friend would be the one seeking a court injunction to stop his neighbour doing anything, not the other way around. An injunction by definition stops someone, not forces them in to action.

The solicitor is doing the usual first contact where they'll treat the recipient as someone who knows nothing about the law and hope they agree. It's a pretty poor effort to say the least, I could personally walk all over that.

Yes

Spot on

Tefal · 8 Aug 2016 at 20:49

Psi Jay said:
Yes

out of cuirosity how is it damage when they never touch the property only thier own?

Would it not be damage by the ops friend that his fence is in such a state its leaning on the neighbours

Phate · 8 Aug 2016 at 21:43

Reading this thread has left me shocked with some of the peoples suggestions and what they would do :eek:

Also reading the stories over how petty people can get to claim an extra 10cm on their land...so pathetic and petty, its unbelievable.

Do some people REALLY have nothing else better to do?

Brenn47 · 8 Aug 2016 at 23:15

Phate said:
Reading this thread has left me shocked with some of the peoples suggestions and what they would do

It's a lot of fun though reading the stories of neighbours at war over a few cm .. in my case it was about 5cm!

Greebo · 8 Aug 2016 at 23:39

Phate said:
Reading this thread has left me shocked with some of the peoples suggestions and what they would do

Also reading the stories over how petty people can get to claim an extra 10cm on their land...so pathetic and petty, its unbelievable.

Do some people REALLY have nothing else better to do?

Everybody says that u till it's their 10 cm

Chris Wilson · 8 Aug 2016 at 23:46

Greebo said:
Everybody says that u till it's their 10 cm

Especially when the advice comes from a poster of "no fixed abode"

Phate · 9 Aug 2016 at 00:20

I wasn't giving advice. Merely making a passing comment. I think it's quite sad that so many people bicker over such an insignificant amount of space.

And for the comment about waiting until it's my own land. Well I really don't think the Portuguese are that pathetic to squabble over this kind of stuff. They have their priorities in a better order.

ThePirateHulk · 9 Aug 2016 at 06:25

I also find it ridiculous that people would have 2 fences or walls right up next to each other. Completely pointless!

Chris Wilson · 9 Aug 2016 at 06:34

Phate said:
I wasn't giving advice. Merely making a passing comment. I think it's quite sad that so many people bicker over such an insignificant amount of space.

And for the comment about waiting until it's my own land. Well I really don't think the Portuguese are that pathetic to squabble over this kind of stuff. They have their priorities in a better order.

Now now, talk like that makes people want to make passing comments on Portuguese land grab laws

http://www.telegraph.co.uk/finance/...s-meet-the-families-who-could-lose-homes.html

JBuk · 9 Aug 2016 at 07:41

ThePirateHulk said:
I also find it ridiculous that people would have 2 fences or walls right up next to each other. Completely pointless!

Depending on the style of fence one side can be nicer than the other, also if you don't own the fence then you have to seek permission to do anything to the side facing your property such as painting, staining, hanging anything from it

RaohNS · 9 Aug 2016 at 07:53

JBuk said:
Depending on the style of fence one side can be nicer than the other, also if you don't own the fence then you have to seek permission to do anything to the side facing your property such as painting, staining, hanging anything from it

On closed board fences, whoever pays for them gets the stronger side. With our neighbours we went 50/50 on costs and let them have the closed side due to their son. We had no problem. As for the 10cm person, its more area that is considered rather than a chop into the garden width.

Phate · 9 Aug 2016 at 10:38

Chris Wilson said:
Now now, talk like that makes people want to make passing comments on Portuguese land grab laws

http://www.telegraph.co.uk/finance/...s-meet-the-families-who-could-lose-homes.html

We were discussing the neighbours deciding they want a quarter of an inch of extra dirt and getting into legal battles over it. Not random.laws that the government may or may not pass.

Do try to keep it on topic.

Brenn47 · 9 Aug 2016 at 11:31

ThePirateHulk said:
I also find it ridiculous that people would have 2 fences or walls right up next to each other. Completely pointless!

It's not pointless when my neighbour takes down a 6 foot fence and replaces it with a 3 foot trellis fence and the can sit on their decking and watch my TV and watch me in my lounge.

They tried to buy the back of my garden because theirs is the size of a postage stamp. I refused, so they waited for me to go to work, took down a six foot fence and replaced it with this. I was not a happy bunny. they did it to give the impression their garden was bigger and the cheeky git would even tell me when my lawn needed cutting.

It's pretty common to have 2 fences due to disputes and it's almost always the border owner who loses out!

MichaelAwkward · 9 Aug 2016 at 11:36

Brenn47 said:
It's not pointless when my neighbour takes down a 6 foot fence and replaces it with a 3 foot trellis fence and the can sit on their decking and watch my TV and watch me in my lounge.

Please tell me you put up a 12 foot fence as retaliation...

Dis86 · 9 Aug 2016 at 11:52

Did you then put a six footer up? I would.