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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Neighbour has accused me of misappropriating a narrow

Resolved Question:

Neighbour has for years accused me of misappropriating a narrow strip of land from their property. I have researched and produced evidence that they are wrong. The evidence has been passed to neighbour with the request that either they formally withdraw their accusation or commence proceedings against me. They studiously have ignored my request so the whole issue remains in the air which I am concerned could delay the sale of my property in the future. Can I take an action in the small claims court to force them to formally withdraw the accusation?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What loss have you suffered as a result?
Customer: replied 1 year ago.
No financial loss but concerned unresolved dispute could delay property sale
Expert:  Ash replied 1 year ago.
Ok, I assume you have not suffered serious harm then, following on from that?
Customer: replied 1 year ago.
Only the frustration of repeated accusations over many years
Expert:  Ash replied 1 year ago.
Indeed. I am sorry but its bad news I am afraid, you can't take him to Court for this. Even if you could it would NOT be a small claim because of the very nature of it. You are saying he has made false allegations so in reality you are saying what he is saying is wrong.
This may well be the case and people are just a bit mean, instead of getting on, but what you are saying is this is defamation as its a false statement. these proceedings can only be dealt with in the High Court and you would need to show serious harm.
Sadly there is not anything you can do and he just try and behave properly.
I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Do I have to inform a prospective purchaser of my property of this accusation?
Expert:  Ash replied 1 year ago.
No, not at this stage, its not a dispute as such.
Does that clarify?
Alex
Customer: replied 1 year ago.
I thought it was a dispute and that I could be pursued by a purchaser of my property if they incurred costs and I have not informed them from the outset of the issue. If you are saying I am not at risk by not mentioning the issue I am both pleased and relieved.
Expert:  Ash replied 1 year ago.
You can do that yes, because you can say its not been involved with Solicitor etc, just a disagreement at this stage.
Alex
Customer: replied 1 year ago.
Thank you for the advice which relieves my concerns and I shall proceed accordingly at the appropriate time.
Am I right in assuming you will now take the fee of £47 from my credit card?
Expert:  Ash replied 1 year ago.
Correct, if I could invite you to rate my answer before you go.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
On the defamation issue, I am sure my accuser has bad mouthed me to others but not sure what damage to my character accrues. For information, the neighbour is a divorced woman
Expert:  Ash replied 1 year ago.
Thanks but you would need to still show serious harm sadly.
Alex
Customer: replied 1 year ago.
Thank you Alex that is probably what I thought. Both myself and my wife have made no comment whatsoever to others about the issues in the hope that people to whom she has commented have sufficient intelligence to realise there are two sides to every issue. That said there is one occassion where she put something in writing to a third party that could be considered defamation.
Customer: replied 1 year ago.
The letter in my possession in which a defamatory comment was made is some time ago and I have not thought to pursue the issue in law nor can I quantify what if any harm has been caused so probably not viable to raise now. Assume you agree.
Expert:  Ash replied 1 year ago.
Yes sadly.
Alex
Customer: replied 1 year ago.
Many thanks for your help.
Regards,
Brian Collyer