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new update in my other post( burdens please help ) (Read 22190 times)
smiler
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new update in my other post( burdens please help )
Oct 11th, 2006 at 1:13am
 
please help need some advice urgently please see my other post

sorrry to post again

thank you in advance
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petrocelli
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Re: new update in my other post( burdens please he
Reply #1 - Oct 11th, 2006 at 2:15am
 
I'll re-post your post here for the sake of clarity:

Quote:
hi there all, i dont know if anyone is around :_)

we have had some more difficulties today we have had the boundaries measured by  a land surveyor and the person in question was there to see it being done , we thought everyone was fine, she was being friendly , then bummh volcano , all her bushes were on ourland and her stones on our drive we offered to help move them and dig them out , and we were doign, then she came across and said i have been in touch iwth my solcitor i want a letter from the surveyor confirming those boudary lines (i nearly screamed ) she was there the whole time, she saw the deeds with the measurements form the ROS , and then she tired to throw at us that the Burdens say that all the residents own 1/46th of each ohters properties and that the land surveyor was wrong, the burden actually reads 'subjects of >>>>.>>>>>>>>, withing the land edged read on the title plan being the area of ground tinted pink on the said plan . together with a 1/46th pr-indisivo share in the area of ground edged read ont he said plan (so far as not occupied or to be occupied as plots of ground or other erections owned by individual proprietors )

now to me that means everyone owns their own plot and i/46th of the communal ground as in the title deeds each individuals plot is marked , am i right ?

please help 

are we also  now going to have to ask the surveyor to do a letter to say that these measuremnets are correct and to get a solicitor ?


Couple of things Smiler.

(1)  This doesn't seem very urgent to me (no offence).  Is there a reason why you feel that it is?  (genuine question, no sarcasm intended).

(2)  Just because she says she wants a letter doesn't mean you have to give her one, but it might be worth you having something in writing from the surveyor for your own benefit (although I assume you have something to this effect already).  PS good idea in ensuring she was there to witness the whole thing, very sensible.

(3)  This is a little complicated to understand without seeing the plan in question, but as far as I understand the situation it sounds like you are correct i.e. exactly as you have said, everyone owns a 1/46th share of the land that all the plots are on that is not actually taken up by an individual plot.  Her suggestion that everyone owns 1/46th of each others properties sounds unmanagable at best, and frankly a little far fetched.  It also leads me to believe that she may not have seen a  solicitor at all (who probably would have set her right on this).
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Re: new update in my other post( burdens please he
Reply #2 - Oct 11th, 2006 at 2:40am
 
Hi petrocelli , thank you once again Smiley

well to me it is urgent as this woman is making our lives our hell , we moved here becuase it was our dream home and to live the piece and quiet life of the country and i feel she is taking this away , by causing conflict and to be honest it its urgent becuase i wanted to know if we were right (im crying writing this ) both my partner and i i are genuine folk who hate this sort of thing and i wanted to see if this was us going mad it literally happened about 40 minutes before i posted and i know when im thinking straight i wont feel it is urgent, i just want to move yet i know that i shouldnt let it get to me , but it is hard not too , i never expected anything like this whem we moved here and we sold a lot of belongings and sucj to get here and we cant really afford to go to solicitors but now it looks as thought we have to .sorry for going on and i understand why you would see it as not being urgent Smiley

well we didnt get it in writing as we have it on the title deeds but ihave since emailed the surveyor and asked for a letter, i just wanted to make sure that the title deeds was enough for us to have the right on how much land was ours , (she tried to take over 3ft and 75 ft depth ,something like that ) Yes well we knew she would be out there she always is when we have visitors , and i made sure she was involved , that is why i cant believe what she is saying now Sad

point 3 , yes i know it is complicated without seeing the plan, but i quoted what was in the actual burden and all the prperties are marked off as individual . well we thought that as she disappeared after 5 and was back at seven , and we saw her at  her friends house , we also said that she could nt have possible seen a solicotr at that time , and she said it was a family friend who was in his nineties !! beggars belief i know .

well we are going to see a solicitor as we want him to right to her telling her that we are going to get rid of the bushes and she has no choice in the matter whereas before she did and also a shed she has she cant open now becuase our border is nearly right up to it ,is not our problem it is hers .

so to clarify then would we be in our right to remove these bushes now that we know they are on our land or would we have to wait for the solicitor to tell her this ?

thanks again petroceeli and i apologise as putting it as urgent Sad

Smiley
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petrocelli
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Re: new update in my other post( burdens please he
Reply #3 - Oct 11th, 2006 at 2:57am
 
No need to apologise - just wanted to make sure there wasn't anything I was missing.  Wink

I'm sorry to hear this is causing you such misery, and I can understand why you want quick answers.

I doubt she has seen a solicitor.

I think you've already pretty much outlined the way forward:

Get your solicitor to write a letter to her, advising that the offending articles are on your property and requesting that they are removed within 14 days.  Advise that if they are not removed then you will arrange to have them removed and that she will be responsible for any expense occassioned thereby (realistically there won't be any, but it might scare her into action).

The solicitors will probably want to visit the site or have a photograph of the situation - invite them to do so (but be aware that the cost of the solicitor's visit will probably be included in their fee).  Again, this might scare her into a little action.

With any luck, a scary letter and a solicitor poking around might make her think again.
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Re: new update in my other post( burdens please he
Reply #4 - Oct 13th, 2006 at 7:43pm
 
hi pteroclli thank you for your reply .thank you for your input

im afraid this one is a long one , and im on the verge of a breakdown .

yu wont beleived what has happened i will try and be quick and summarise.

after the surveyor had been and she came round to say she wanted to know about where we got the measurements from and that she agreed and that we would help her remove her bushes ,
well on wednesday we took some legal advice and wer were informed that this 1/46th was as we suspected and that we owned i/46 of the community land, and also that we were entitled to remove the bushes but to be good citizens to give her 21 days incase it goes to court it would look good on us that we gave her time and to write a letter saying this and that we were willing to help and we wanted to bare good neighbour relations in mind , we therefore drafted a letter and in the menatime a member of the management committee come round and said that we would be allowed a fence and that he had a solcitor friend who wouldn draft this letter for us and we thought that was ok ,

anyway when i checked my emails on the wednesday , our surveyor has contacted us saying that he was happy to do a letter to her confirming the measurements and also she had been on the phone to him and said that she wanted to know the measurements and that we had moved the pegs , which is a lie i might add.

we still thought we were on speaking terms but we saw her in the evening and she ignored us , and i thought i had to say something to her about why she had lied to the survyor and she was abusive and it got into a slanging match , which i know was inapproprite and i told her that we were going to give her 3 weeks but now she would have 48 hours to remove her plants and that we wouldnt be helping , and we ha also offered to pay for a side door in her shed becuase she couldnt open it because our border stoppped that .

then on thursday she came round with two people to start removing the bushes and they did not ask us permission these other people to be on our land , and she and them totally ignored us, and we phoned the police , in the meantime my partenr got speaking to the man and we showed him the deeds and told him that she had agreed etc and we ended up saying that it was ok for them to help her , and we cancelled the police .and left them too it they only removed some bushes though .

well this morning we got a letter from her soliciotr saying that , where had we got our measurements from and that she was disputing them and that we had moved the pegs the surveyor put in and that we were shouting and verbal abusing her and were vandalising her property which is an out an out lie ,believe youme this woman gives abuse and she was there when the surveyor was there .

the letter also said that she had her boundaries explained by the prvious owner , which is another lie as she drove thew away , becuase they couldn take her constantly on their land and constantly harrassing their her visitors .

im at my wits end and i feel that i am headindg towards a breakdown as the worry of it going furhter to court and solcitors fees is doing me in .

we spoke to the management person and he said ignore the letter and carry on with the fence etc.

we have also taken video and pictures of the stakes and it shows they have not been moved .

please tell me imnot going mad and that if title deeds say that is where your bounday is then that is the law and that we have every right to have our land and remove her bushes if she doesnt

i am sorry for going on and on but i am at my wits end i cant believe that people like this exit , she is an habitual liar , i cooked for this woman , i felt sorry for her , we took her a meal on her birthday , we offered to look ut for her in the winter months and walk her dog and get shopping etc, cook for her, we offered to help her remove the bushes we offfered to pay for the side door on her shed,
she forced us into this by not respecting our privacy and backing down on everything she said

is there justicein this world ??????????????
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Re: new update in my other post( burdens please he
Reply #5 - Oct 13th, 2006 at 11:00pm
 
Quote:
please tell me imnot going mad and that if title deeds say that is where your bounday is then that is the law..


Correct (for the purposes of this post).

Your initial letter would have been much better coming from a solicitor, but never mind.

At the end of the day, there is nothing in that letter you have received to deter you from your proposed course of action.

However, rather than just out and out ignore the letter I would advise you to take it to a solicitor and get them to write in response, clarifying the position in relation to the measurements, perhaps with something from the surveyor for verification.
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Re: new update in my other post( burdens please he
Reply #6 - Oct 13th, 2006 at 11:15pm
 
hi petrocelli thank you once again
sorry i didnt make it clear a letter from our solicitor went to her and a ltter from the surveyor , saying that we were giving her 48 hours to remove the bushes etc, as they were on our land as dtermined by the surveyor .

can i also say wheh she turned up yesterday to remove some bushes does that not infact show that she knows where the border is ?

im at my wits end ,  :'(,

she hasnt taken any action today to remove any of the other bushes or objects on our land .

both my partner and i have been numb today  as we cant believe this woman and what she is doing ,

we think we may get a letter tomorrow saying we cant remove the bushes , if we do can we still do this ?

and also the fence too ?

we will get another letter , but she is saying that we moved the pegs the surveyor put in, and we never and we have taken pictures to show that they have not been moved .
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Re: new update in my other post( burdens please he
Reply #7 - Oct 14th, 2006 at 9:22pm
 
1.  This is what your lawyer is getting paid for.

2.  Don't try and second guess what the letter from her solicitor might say.  Frankly as your solicitor is involved it would be inappropriate for them to write to you directly.  Just pass the letter to your solicitor and let him or her worry about it.

Give everything you have to your solicitor, the survey plans, everything.  If the lawyers have any sense the two of them should get their heads together, realise that you own the land, and get her to shift the bushes.  I'm sure this could be settled with some very brief correspondence and a meeting.

And don't take this the wrong way Smiler, but if you're still having to come on here for answers then your lawyer isn't doing you a very good service...
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Re: new update in my other post( burdens please he
Reply #8 - Oct 16th, 2006 at 4:40pm
 
hi petocelli thank you for your reply.


Just wanted extra reassurance , when i posted on Friday ,

We havent actually got a solicitor we had taken legal advice through our home  insurance and also the solciitor that sent her the letter giving her 48 hours notice was a solicitor who was recommended by the managment company at a reduced fee as we couldnt afford the 140.00 an hour we had quoted by another solictor .and this was done as we didnt think it would go any further .

we think however that we will have to engage a solcitor as things have got worse .

Well after friday and being totally distraught , the wood got delivered then on Saturday Monrning the fencer turend up and she swore at the fencer . then about an hour later the chairman and the treasure of the comiittee turned up with spades to remove the bushes and she had been running around franticly to them before hand and even walked into their house while they were in bed !!! So we had the mangment taking the bushes out and placing them back on her side

when the fencer person had gone to get something and the young helper was there and we were in the living room with anohter neighbour she walked round the front and took the stakes and rope placed by our surveyor and said to the young lad im tkaing these for my surveyor , these were our property.she was also going on about not been able to get into her shed and whilst the managment committee were there we had said still trying to be amicable that we would pay for a side door to go in .

we placed some wood from our garden that was hers over the fence and when we went our they plus some more wood had been thrown over

later on when we were in the garden and we were removing the last two bushes she came out and offeered to help remove the bushes (and also leaned on the fence and broke it ) we said we didnt think it was  a good idea and she said i heard you were going to pay for the side door  and thank you she said for that .  well the next day we went out into the garden and the two bushes had been thrown back over .

so we thought that was that and contacted the commitee and told them we wouldnt be paying for the side door and also there was some paving that we werent goign to risk giving back and we placed them at the front of our house to take to the tip .

then this morning we woke to find some stones on our drive that we had moved about a week ago .

when will this woman stop ?

we are hoping that now there is nothing else to throw over that this will be the end of it (somehow i think not )

we spoke to the legal advice line this morning and they said that they think that it sounds like it is coming to a head , i hope so, and we asked them if we could claim for damages for the damage to our ground from her bushes and they said we could and we also asked told them what her solcitor letter said about accusing us of moving the pegs and he said we would sue for slander and defamation of character etc, but it was unwise as it is very costly etc

im sorry to go on and i hope i have been a little bit more clear petrocelli Wink

I do hope that this has been the end to the matter

It has been a great help to post thank you everyone and particlularly petrocelli Smiley
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Re: new update in my other post( burdens please he
Reply #9 - Oct 19th, 2006 at 7:36pm
 
UNBELIEVEABLE !!!

Hi everyone thinking that was it after the fence went in and things being hurled into the garden, things seem to be getting worse

im pulling my hair out at the moment i dont think this woman is ever goign to stop

On Tuesday bushes appeared at the front  of her property , placed in order we think to block our view out to the sea , and the compost bins and other rubbish have all been lined near to our fence the wholelength of it , which looks unslightly to say the least, never mind the smell.

well we contacted the managment committee and they said that it was against the burdens and they are going to deal with it .

also the fence posts towards the bottom of the garden have become very loose , any ideas ??????(i bet you can guess)

then today , she has stuck in bamboo poles on her side and attached it to our fence post with wire , and leaned a metal post and a bamboo cane against it , unbelievable

is that agaisnt the law to lean and attach things to someonelses fence ?

we have contacted the management committee and they have reassured us that they will be speaking to her tomorrow

well within the last few minutes the wire has been removed and the poles are not leaning against the fence , i assume she has had a phone call from then .

I just wanted to know if someone can do that attach or lean things against your fence and if so have i the right to remove it and give it back ?


i know this seems very trivial compared to other things that go on in the world , it does help to post on here.

im also worried that once the management committee have been to see her , what else will she do,

we cant afford to move , this woman is making our lives hell

thanks in advance for any help Smiley
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Re: new update in my other post( burdens please he
Reply #10 - Oct 19th, 2006 at 7:55pm
 
Neighbour problems are by far the most difficult to resolve. no matter who wins you still have to live beside each other. It can aslo dominate your every living moment and even the smallest thing seems huge. I can see that this woman is a nightmare but you should try not to rise to the bait every time. If you were good friends would you still complain about everything she has done? If you can ask your self that and the answer is yes then carry on. If no, then get things into perspective. You may have to go to court to get an interdict or a non-harrassment order. Unless you can get legal aid it will be costly and there is no room for sorting things out after that.

I suggest that you ask the management committee to set up a meeting on site or in their office where you caan all air your grievances and try to get an understanding to live and let live before you all die of heart attacks or strokes.
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Re: new update in my other post( burdens please he
Reply #11 - Oct 19th, 2006 at 8:08pm
 
hi thanks for your reply grumpy , i know what you are saying and that was the case in the beginning when we first moved here , we thought it doesnt matter etc, but when a person like thid doesnt stop and continues to harrass and provoke things what can you do ,

we have tried to be reasonable even beyond reasonable (if that makes sense ) , and we were friends , so that is what hurts even more Sad

It is easy to say get into things into perspective and you are right but what are you to do when you are being goaded and goaded . we moved here for a simple easy life to get away from the city and pollution , it is not fair Sad

that is the other thing we thought of an interdict but simply cant afford it , are they expensive ?

also what is a non-harrassment order ?

we have thought of an ASBO , im  not sure if we would be charged for that as it is through the council i think ?

the managment committee have tried that and things got worse again as this woman thinks she is beyond the law. We have tried this too but it didnt last a week even

So grumpy i do understand what you mean , but life and people are not that simple , believe you me if we could afford it we would move to a house on its own in the middle of nowhere , in a flash you wouldnt see the dust believe you me Smiley
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