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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I am writing regarding a boundary dispute, which has been

Customer Question

I am writing regarding a boundary dispute, which has been settled through Mr Penfold engaging a solicitor, the defendant did not emlploy a solicitor, but used a friend who acted on his behalf. This case could have been settled amicably if the defendant had agreed the exchange of land through Land Registry.
The piece of land was Mr Penfolds access to his property, which could not be disputed.
Mr Penfold held old written deeds, and when his neighbour bought his house he had to supply Land registry with up to date info.He now want his neighbour to reemburse his expenses.He has made an application to the small claims court, and would like someone to read his case, give an opinion on how he should proceed.
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
His neighbour has decided to defend the case,I have written the case up in preparatin for it to be heard, but am questioning if it is worth further expense.Mr Penfold has spent all his savings to sort this out and is reliant on a friend to pay the next lot of expense, I am Mr Penfolds carer and he is aware of me contacting you, plus the friend who is paying.
Expert:  F E Smith replied 3 months ago.

I assume this matter was referred to the land tribunal and it was before the land tribunal that it was settled.

If that is the case, then the application is not made to the Small Claims Court, the application is made to the Registrar or to the tribunal which the matter was referred to.

If you want to read these guidance notes, it will probably assist.

https://www.gov.uk/government/publications/costs/practice-guide-38-costs

if you then want to let me have what is being prepared, I can comment on it for you.

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