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Court Judgments like this make me happy


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You are happy that they have to pay £200K costs and demolish an extension, because they could not agree a settlement with the neighbour over 2 1/2" of land?

 

Lots of unanswered questions like why did the neighbours not mention it to them when the first course of bricks were laid when it would have been easy to correct.

 

The press have just printed the click bait, not the full details.

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24 minutes ago, ProDave said:

You are happy that they have to pay £200K costs and demolish an extension, because they could not agree a settlement with the neighbour over 2 1/2" of land?

 

Lots of unanswered questions like why did the neighbours not mention it to them when the first course of bricks were laid when it would have been easy to correct.

 

The press have just printed the click bait, not the full details.

Yes, because it shows the justice system working, and idiots getting what they deserve. My reading of the article is that they were told to stop during the building process and ignored the requests. It’s not a question of a settlement, the encroachment was causing ongoing damp issues, so an injunction is a suitable remedy.

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The court settlement should be "you have effectively gained 2 1/2 inches bu however much of next doors land so you will "buy" it at the square metre price for the area.  I would be very surprised if the total area "stolen" is more than a square metre, so even in London £20K should cover that.

 

The only "winner" here are the lawyers and that is the most obscene bit about the whole sorry affair.

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I have found another report on this from a different angle with pictures.

 

https://www.dailymail.co.uk/news/article-12026285/Man-reveals-toll-four-year-legal-battle-force-neighbours-rip-80-000-extension.html?ico=related-replace-2

 

Now we have a picture of this rogue extension:

 

70355847-12024391-image-a-10_1682695509390.jpg

 

So just what did the complainant expect?  The extension to be built with a 2 1/2" gap between the neighbours extension and their own that would be impossible to maintain and fill up with debris that would cause it's own problems?

 

God some people can be so petty and vindictive.  I am just glad my nearest neighbours house is 100 feet away and I will never face this situation with Mr horrible neighbour.

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I have, over my lifetime met a few judges, and a good few baristers. I have also known a few magistrates personally. The judges, seem to fall into my Knob heads with no grasp of real life. Baristers not much better, bloody expensive, and quite often perform badly. Magistrates. Normal people, lived a normal, real life, and in general make good decisions. I would rather have a magistrate decide my fate any day of the week. I expect that both of these couples behaved like knobs.

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20 hours ago, ProDave said:

The court settlement should be "you have effectively gained 2 1/2 inches bu however much of next doors land so you will "buy" it at the square metre price for the area.  I would be very surprised if the total area "stolen" is more than a square metre, so even in London £20K should cover that.

 

The only "winner" here are the lawyers and that is the most obscene bit about the whole sorry affair.

By your logic, anybody could just land grab to their heart’s content, so long as they paid the going rate. Makes a complete mockery of property rights and property rights are the foundation of the rule of law.

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3 minutes ago, Adsibob said:

By your logic, anybody could just land grab to their heart’s content, so long as they paid the going rate. Makes a complete mockery of property rights and property rights are the foundation of the rule of law.

Pointless getting your knickers in a twist, as it should be dealt with case by case. This one could have just been "Pay the man for the ground as it is a fair and pragmatic resolve". End of issue.

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23 hours ago, ProDave said:

Lots of unanswered questions like why did the neighbours not mention it to them when the first course of bricks were laid when it would have been easy to correct.

Seems pretty clear from the report of the judgment that the offending neighbours were told part way through the project that they were trespassing:

 

The judge found that, by April 2019, Mr and Mrs Ashraf 'were on notice that they would be encroaching and that there would be a trespass', but carried on with their project regardless.

Edited by Adsibob
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Just now, Nickfromwales said:

Pointless getting your knickers in a twist, as it should be dealt with case by case. This one could have just been "Pay the man for the ground as it is a fair and pragmatic resolve". End of issue.

So let’s just ignore legal precedent and do what we like. Property rights are sacrosanct. Full stop.

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Why wouldn’t the architect not advise to leave a gap?

 

why wouldn’t the builder not advise that the architects drawings were rubbish to the client.

 

seems like no one with any sense volunteered any info

 

client may or may have been an arse but that’s not the point, you do the build, you get tarnished too

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1 hour ago, TonyT said:

Why wouldn’t the architect not advise to leave a gap?

 

why wouldn’t the builder not advise that the architects drawings were rubbish to the client.

 

seems like no one with any sense volunteered any info

 

client may or may have been an arse but that’s not the point, you do the build, you get tarnished too

You are assuming there was an architect. Also, what does “builder” mean these days? Any cowboy can call himself that, even us lot on here.

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Out of interest what is the best way to build a new wall beside an old one in this situation. 

 

A gap and some insulation I would imagine but I don't know.  Also how best to marry 2 x neighbours dissimilar roofs? 

 

A good job benefits everyone re leaks noise maintaince etc. 

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3 hours ago, TonyT said:

why wouldn’t the builder not advise that the architects drawings were rubbish to the client.

Because a terrifying amount of them don't have a clue, and some are just utterly clueless.

 

58 minutes ago, TonyT said:

I must be spoiled then I deal with professional architects, consultants & trades 

I've dealt with both ends of the spectrum, and everything in-between. Working with a great one atm, but last one allowed zero plant spaces, not even a place for a hot water tank....

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