I just found a draft letter from solicitor. This is letter sent to the neighbour
Without Prejudice Save as to Costs
We write further to our letter to you dated 14th April 2009.
You will appreciate, having seen a copy of our client’s surveyor’s report, that both parties agree as to the location of the boundary between the properties at the rear.
There are therefore only 2 issues remaining in dispute:
- Whether or not the outhouse you have erected, and which adjoins the outhouse at the rear of our client’s property, extends over the agreed boundary by 20cm; and
- Whether or not the outhouse has enclosed the wall of our client’s outhouse and/or relies on the wall or its foundations for support.
The conclusion of our client’s surveyor in relation to the first issue, as you are aware, is that the outhouse you have constructed clearly extends over the boundary by 20cm. Although you have suggested in your letter dated 6th March 2009 that the surveyor’s calculations are wrong, you have failed to identify why and have not provided any alternative calculations of your own surveyor to dispute those put forward by our client. We can only assume that you have no proper basis for disputing the surveyor’s calculations and intend nevertheless to continue to trespass on our client’s property.
In relation to the second issue, you are aware that, you having refused an opportunity for inspection, our client does not necessarily accept that your outhouse has not enclosed the flank wall of his outhouse, or that your outhouse does not rely on the foundations of our client’s wall for support. Nevertheless, we note from your letter dated 31 December 2008 that you do not claim any right of support in respect of the outhouse you have constructed and that you claim it has its own foundation and own wall. We hereby put you on notice that our client will rely on this assertion in the event that he decides to demolish the outhouse he has constructed, and will not therefore accept any responsibility for damage which may result to your outhouse as a result.
Our client has now had the opportunity to consult Counsel in relation to the outhouse and intends shortly to issue proceedings for an injunction requiring you to remove the outhouse in so far as it extends over the agreed boundary. For the avoidance of doubt the basis of this claim will be that the outhouse constitutes a trespass in that (a) it extends beyond the boundary by 20cm; and/or (b) has enclosed the flank wall to our client’s outhouse and/or relies on the foundations thereof for support.
You will appreciate that in the event that the Court grants the injunction and/or damages, it is likely to order you to pay the costs of the proceedings.
In addition, our client intends to erect a fence along the line of the agreed boundary, which will of course make it clear to any potential purchaser of either property that the outhouse you have erected stands over the boundary line.
However, in a final attempt to avoid the cost of proceedings, which otherwise appear to us to be wholly unnecessary, our client is willing to offer that the necessary works to remove the outhouse in so far as it trespasses over the boundary be carried out on a joint basis. Our client’s builder estimates that the costs of the necessary works would be £……..
Accordingly, our client is prepared to offer to pay £……. towards the costs of removing the trespass over the boundary and the erection of a fence along the line of the agreed boundary, on the basis that you pay the remainder of the costs and the works are carried out by an agreed date.
In the event that you do not accept this offer, we reserve the right to refer to this letter before the Court on the question of costs.
This offer will remain open for 14 days from the date of this letter.