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I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.
may I clarify this because the neighbour contends the boundaries in the wrong place please or for other reasons?
thank you. In essence, what this amounts to is the basis of a boundary dispute with either separate or associated allegations of property damage. If the neighbour does not propose to take any further action, one possible to ignore the neighbour and do nothing - the sleeping dogs approach.
Alternatively, you could consider settling the matter once and for all using the relatively cost-effective land registry boundary dispute resolution service. This costs £90 to initiate and involves you completing the following form and drawing a precise plan showing the location of the boundary as you consider it to lie with measurements and sending this to the land registry. The land registry will then write to you and the neighbour and asked the neighbour to either consent or object to the proposal. They will have a short period of time to do one of these. If they either consent or do not reply to the land registry, the registrar will update your respective titles with the measurements you have provided. If they object, the land registry will send instructions that a surveyor must be appointed either to act for you jointly or each of you to appoint an individual surveyor as you prefer to prepare a detailed report which the registrar will then consider and make a determination in respect of the location of the boundary line. either of you can appeal the land registrar's decision to the first tier property tribunal for a final decision if you disagree.
In the event that the decision goes against you and the boundaries decided in accordance with the neighbours contention, you would then be able to fall back on in adverse possession claim in respect of any part of land which is decided against you on the basis you have occupied for more than 10 years in the ( in those circumstances incorrect) but honest belief that it formed part of your garden.
I am sorry I understood you stated in your original post that he was not taking you to court - perhaps this is a typo? What are they proposing to pursue in court? The boundary, damage to fence or both?
thank you. If the is threatening action through the County court, it may be sensible to pre-empt this by using the land registry's boundary dispute resolution process. This is because this process is far more suited to resolving boundary disputes than the County court which have perfectly good but nevertheless non-specialised judges. The land registry and first tier property tribunal have specialist knowledge in this area and also the costs of resolving a dispute in relation to a boundary is far more cost-effective using this approach. If you have begun the process, if they subsequently issue proceedings in the County Court, you can request an adjournment on the basis that proceedings are already underway. a county court would almost always defer to a first a property tribunal in such matters as they have primary jurisdiction.
as regards ***** ***** the fence, this is a matter that would have to be resolved in court if you are unable to agree but principally, he will have to prove the cause of the damage and in the assumption the amounts involved will be significantly under £10,000, this would be a matter dealt with in the Small Claims Court and accordingly, the other party's solicitors costs need not be a concern.