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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9340
Experience:  I have been practising for 30 years.
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My neighbour has offered to pay surveyor (via s solicitor)

Resolved Question:

My neighbour has offered to pay for a surveyor (via his solicitor) for boundary dispute, and we have agreed. This was 8 weeks ago, and in the interim we have experienced harassment, we have not income but own our house. what can we do?
Submitted: 12 months ago.
Category: Law
Customer: replied 12 months ago.
We had asked neighour 1 year ago to put a post where he would like the boundary fence to be (77 meters in length) so he did and we put a fence up. we then received a letter from him saying that he did not want personal confrontation and was taking it to his solicitor. We heard nothing and contacted his solicitor, who then began correspondence and asked us to move the fence at a specific width - which we did (again) and at cost to us. Following a road rage incident from the neighbour, we received another letter from his solicitor (litigation dep) saying we were trespassing and we should move the fence. This letter was particularly crude and upset us. We outlined the history, and we received letter saying that neighbour would get a surveyor to resolve this, we agreed, but having taken advice, suggested that the surveyor must be RICS. That final letter was in May, We feel that as a result of inaction, we are in absolute distress. We have experienced some very upsetting episodes from them ( setting fires close to our hen shed) when they have 7 acres, etc etc, regular Police involvement, and the council have recently agreed to provide noise monitoring as they have 4 quads, and cut their grass at around 10.30 at night. We do not want mediation, we just dont want any contact at all with them. I have recently received hat mail - which was signed!! Due to our income (nil) and home ownership, we cannot afford to employ professional advice. Please Help
Expert:  F E Smith replied 12 months ago.

I have read all the details. What do you want to know about this?

Customer: replied 12 months ago.
What can I do to progress the situation with regard to the boundary fence: We are still waiting for the neighbour to engage a surveyor, we dont object to this at all, but feel he is stalling to increase our anxiety. We were told by someone in the village that he had said that we had refused to have a surveyor on our property! Should I write to his solicitor and ask why the delay, or can I conclude that its resolved if no action,
Expert:  F E Smith replied 12 months ago.

It seems rather odd that the neighbour agreed where you could place the post and then wanted it moved.

You can write to the solicitor and tell him that as far as you’re concerned, if you don’t hear from him with regard to a surveyor, within the next 10 days, you are closing your file. Alternatively, just let sleeping dogs lie although it does mean that this is hanging over you and I’m sure you would rather have a conclusion. You are at liberty of course to get your own surveyor to provide a report on the boundary and where it should, in his opinion actually be, and then you can present it to his solicitor. Boundary surveyors report is likely to cost about £600 which might be why the neighbour is reluctant to pay it. By suggesting that, he might just be making noise.

Can I clarify anything for you?

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Best wishes.

FES

Customer: replied 12 months ago.
Many thanks for your response, what if the solicitor rejects (as he did previously) to our request for a time limit?
Expert:  F E Smith replied 12 months ago.

I would simply tell him that as far as you are concerned the matter is closed until you hear from them regarding the results of the boundary survey. I would leave it at that. If they want to raise the issue at some stage in the future you have to deal with it. Ultimately, the neighbour can send all the letters that he likes but if you simply refuse to action them, he will have to issue court proceedings in court proceedings is going to issue bearing in mind that he doesn’t seem to have any evidence.

Check your house insurance to see if you have legal expenses cover and if you have, pass this on to your insurer to deal with.

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