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[Michael2.6]

the first solicitor we had sent her a letter, telling her to remove tresspass, she ignored it, that was back in april. she basically sitting tight and doing nout, while we doing all the running about. this new solicitor has told us that he will send another letter , and if we get a court date and she dont cooperate she can be jailed, but that probably wouldnt bother her, the tresspass will still be their, and we cant finish the build, have told our brickie to carry on and build right up till it nearly touches her guttering then she will kick off, and i will say now you need a solicitor! been told that we can get her on the party wall act as well. as she didnt serve notice on us, she basically has done nothing by the book, but its us thats getting shafted!

[albitz]

Keep a detailed diary of events events - dates,times etc. If you go to court,you will need it.

[Michael2.6]

I'm currently debating whether to click send on this draft my daughter conjured up as a funny... Seems as though our views are the same.... What do you think .. Made me laugh..

Helen!
Further to my email this morning, i discovered a few hours ago that we don't get to experience the lovely sunny british weather because of the guttering from the Dallas mansion next door as it acts as a parasol blocking any known light. But i do believe it came in very handy within the last half an hour when the rain came as it shelters our drive from flood.
Problem being, we have whats commonly known as a 'bitch' residing next door whose manners and common sense are as rare as rocking horse shit.
I'd happily punch these into her and at the same time, slap the shine off her brow but because that's known as GBH i'll settle for you pulling the guttering down with your bare hands.. It would give me pleasure to watch the sunlight beam back onto my drive... If your lucky, i'll stick the kettle on for all your hard work.

[Rods2]

No keep it formal and professional or you are opening a whole can of worms for yourself. Like you do not have a legal right under planning laws to daylight.

You are also much more likely to make mistakes like the jokey GBH as this could be taken as a veiled threat. A good solicitor will use this and anything else they can against you and you could then lose the case on a technicality.

So keep it to the point like Marie has suggested and you won't end up the losing the case.

Most of us at sometime have tried to be clever only on reflection to realise afterwards that we have actually been stupid.  So don't fall into this trap.

[Sir Tigger KC]

Good advice from Rods! Keep it simple, keep it formal and to the point!! 

As your build progresses I'd send her a regular warning letter of your intentions, maybe once a week... 

Another thing to be aware of is that if you actually go ahead and dismantle her guttering box, is to do it carefully rather than rip it to pieces, as she could do you for criminal damage.   I think I'd also be inclined to do a temporary fix where the guttering was just to avoid any further damage from rain water, such as wet getting into her cavities...    After that it's up to her to sort out a permanent solution! 

If you end up in court you'll need to prove that you have been utterly reasonable at all times and you have tried your best to avoid any inconvenience to her...    Crap I know, but that's how I'd play it! 

[I_want_an_Omega]

Another point to note is that if you send her a letter in the post via recorded/registered etc the senders address has to be on the front. So, when the postman knocks on her door to hand the letter over she will see before she signs that it's from you and could refuse it.

She is entitled to do that so be warned ................

[albitz]

Take lots of photos of the work you do as you  do it too.Its all potential evidence.For example you could set the piece of guttering  in her garden in good condition and then she could smash it with a hammer and try to blame you for criminal damage.

[cleggy]

Good advice from Rods! Keep it simple, keep it formal and to the point!! 

As your build progresses I'd send her a regular warning letter of your intentions, maybe once a week... 

Another thing to be aware of is that if you actually go ahead and dismantle her guttering box, is to do it carefully rather than rip it to pieces, as she could do you for criminal damage.   I think I'd also be inclined to do a temporary fix where the guttering was just to avoid any further damage from rain water, such as wet getting into her cavities...    After that it's up to her to sort out a permanent solution! 

If you end up in court you'll need to prove that you have been utterly reasonable at all times and you have tried your best to avoid any inconvenience to her...    Crap I know, but that's how I'd play it! 

 

[paul.lovejoy]

Michael

having read the origonal post in great detail etc i cant belive this is not sorted, you certainley have had no luck with solicitors either by the sounds of things

As your build is now approaching your neighbours soffit/fascia height sound advice about giving her notice etc cant belive your solicitor has not laready done this but as previous posts keep it simple and to the point and send it all by recorded delivery which basically will cost a lot more but she or someone has to sign for the letter so you will have proof it was recieved.

But a couple of questions planning and building control i assume have approved your plans was there any discussion regarding how they/your builder would deal with the neighbours fascia/soffit and the junction that will now occur with your new extension bearing in mind it was there plain  for all to see as it does kind of stick out like a sore thumb from the pics i have seen. ditto the waste pipes on the wall. How far are you off your neigbours wall.

something else you could add to the final letter is that you are suffering loss and expense from delays due to the fact she has not taken steps to alter her soffit/fascia etc and as such you have no alternative but to instruct your builder to carry out these works on her behalf, and this is a copy of his loaded quotation. As previously stated if you simply remove her items to carry out your work and for example it rains she could have a claim against you. This way should you wish you could claim the your loss and expense plus builders cost through a small claims court

[Michael2.6]

just had all details put threw by our new solicitor, he wanting a thousand pound up front, and direct debit of 500 pounds a month!includes all options, 1, put up with encroachment, already doing that! 2, contact boundary disputes place, already done that, and got nowhere, 3, get a surveyer, done that, and 4, take her to court, which will cost 15 thousand, and even if we win, she just has to plead poverty, like what she is, then we still lost and guttering still there. we will have to see if the building regs chap can allow us to put another gurder in to bring it further out and make our extension look even more like a hen hut, compared to her mansion,if he wont allow that then we have decided to pull it down, wife been crying all night, we are going to move, we are embarassed that a little cow has shafted us well and good, and my mother cant move in and needs looking after, that was the whole point of it, we cant see any other way, she has won without doing or spending a thing, our build is already 85metres away from her build, she got her way with that as well. we have a brilliant brickie that we set on his work is spot on, what a shame to ruin it 

[cleggy]

just had all details put threw by our new solicitor, he wanting a thousand pound up front, and direct debit of 500 pounds a month!includes all options, 1, put up with encroachment, already doing that! 2, contact boundary disputes place, already done that, and got nowhere, 3, get a surveyer, done that, and 4, take her to court, which will cost 15 thousand, and even if we win, she just has to plead poverty, like what she is, then we still lost and guttering still there. we will have to see if the building regs chap can allow us to put another gurder in to bring it further out and make our extension look even more like a hen hut, compared to her mansion,if he wont allow that then we have decided to pull it down, wife been crying all night, we are going to move, we are embarassed that a little cow has shafted us well and good, and my mother cant move in and needs looking after, that was the whole point of it, we cant see any other way, she has won without doing or spending a thing, our build is already 85metres away from her build, she got her way with that as well. we have a brilliant brickie that we set on his work is spot on, what a shame to ruin it 

Yeah right, tell him to put it where the sun don't shine.

Is this a wind up? If not it's a script from Only Fools and Horses

[Michael2.6]

I have just sent you a pm paul.lovejoy

[paul.lovejoy]

just had all details put threw by our new solicitor, he wanting a thousand pound up front, and direct debit of 500 pounds a month!includes all options, 1, put up with encroachment, already doing that! 2, contact boundary disputes place, already done that, and got nowhere, 3, get a surveyer, done that, and 4, take her to court, which will cost 15 thousand, and even if we win, she just has to plead poverty, like what she is, then we still lost and guttering still there. we will have to see if the building regs chap can allow us to put another gurder in to bring it further out and make our extension look even more like a hen hut, compared to her mansion,if he wont allow that then we have decided to pull it down, wife been crying all night, we are going to move, we are embarassed that a little cow has shafted us well and good, and my mother cant move in and needs looking after, that was the whole point of it, we cant see any other way, she has won without doing or spending a thing, our build is already 85metres away from her build, she got her way with that as well. we have a brilliant brickie that we set on his work is spot on, what a shame to ruin it 

sorry to hear that, all the good advise on here etc is helpfull in some ways but in no way makes what you and your wife are going through easier. makes you wish you could come up with something with instant relife and make you feel better.

unfortunatley depsite my previous sensible advise i would rip the bloody fascia/soffit down as far as it protrudes your property. feel better and let the bitch take action against you, but drag as many people you have tried to get help from into court with you..dont even talk to the bitch let her stew in her own juices and dont let anyone on your property to fix it

[paul.lovejoy]

I have just sent you a pm paul.lovejoy

replied

[Marie]

Really sorry to hear shes crying but please tell her from me tears arnt going to help... walk up to her right now and give her a big hug from me and tell her " Dont cry its what the BITCH next door wants shes won if you let her get to you, try to focus i know it seams like the light at the end of the tunnel has disappeared ( and i have been there before) but it will work out! SHe  will get whats coming to her.

Micheal......

right DONT rip down your extension for the love of god that is not a good idea.

please keep fighting after all is done and you have WON ( extension built ) you will look back and be glad you did.

right tomorrow draft three letters like i said before. get the plan into action tell your builders to keep working and in 28 days they will beable to remove the guttering (gently please) make good any holes unfortunatily your going to have to coff up the pennies for it. please guttering on her drive post a fourth letter to here basically stating what you have done IAW your last 3 letters and let her know you have made her house rain proof where she had the guttering and that she is to find an alternative.


if you do what i have suggested and others and she takes you to court and you have all the previous evidence as well as the letters she hasnt got a leg to stand on. Call her bluff she might not even bother but then your not forking out on solicitors until you really need them. i do agree with the fellas that does sound expensive. but ultimately we can advise you and all have different ways of handling the situation. At the end of the day darlin you and MRs M need to decide and be happy with your decisions.

just another point selling/ moving may have its own issues to as any potenial buyers WILL find out about her and the issues you have had and could pull out before exchange. sorry but if i found out about these problems dream house or not i would walk away from the sale. Keep fighting trust me it will be worth it in the end and then the tears you lovely wife has shed will have been for some thing.

Chin up SHippers  ( p.s. thats for mrs M