Why Should The House Be Handed Over To The Ali's To Sell?

[anotheoldgit]

http://www.dailymail.co.uk/news/article-5197481/Family-ordered-600-000-home-neighbours.html

After all they could sell it to one of theirs at a knock down price.

[Peter Pedant]

this has been on Neighbours From hell
hasnt it ?

[jackthehat]

How do you know that any land has been built on, TGT?

The Constantines claimed it has but it seems that the judiciary do not agree.

[Old_Geezer]

The present system with the ill defined/recorded boundaries is an open invite for the unscupulous to nick neighbours' land. The UK should be ashamed of that. It's happened to me and also to my sister. And there can be no compromise in most circumstances since either land is allowed to be stolen or not. One can't compromise on stealing half of it.

[ToraToraTora]

JTT it says so in the link.

[jackthehat]

No, it doesn't.
The Constantines 'believe' it has happened.

It certainly seems that the courts don't agree.

[ToraToraTora]

"The Constantines accused the Alis of trespass by knocking down their fence and building an extension three inches into their garden"

[jackthehat]

Quite. They 'accused' the Alis.......

[ToraToraTora]

the court are saying the "3 inches" does not constitute trespass.

[dannyk13]

TTT, the court decided that there was no trespass.Without knowing the full details of the case we will probably never know why, but I think that here is more to this than we know.

[Barmaid]

Well you have done well to find the judgement TTT because I certainly cant. Perhaps you would be so kind as to post a link so I can see for certain precisely what the Judge found.

[dannyk13]

TTT
//the court are saying the "3 inches" does not constitute trespass//
How do you know how the court came to its decision?

[jackthehat]

Or are they saying there was NO trespass.....not even 3 inches?

[dannyk13]

Jack, maybe the complainant did not put the house deeds in evidence, in which cas he would have difficulty in proving any encroachment.Also I think it would have to be proved that Ali was aware of it.

[ToraToraTora]

"But a judge sided with the Alis and said said the extension did not amount to trespass during an eight-year legal battle" - the use of the phrase "amount to trespass" indicates that some encroachment had taken place and that the judge did not consider inches amounted to trespass, otherwise he would have surely said it was not trespass full stop.

[dannyk13]

How on earth do you read "did not amount to trespass"as meaning that it did?

[bednobs]

or it could be a she of course :). That article has changed since i read it a few hours ago

[jackthehat]

Possibly it is the issue of the Foundation-line?
The extension wall may follow the boundary-line but the foundations will extend underground into the neighbouring property. As no useable ground is lost the Judge will have decided that 'Trespass' is not at play here?

But, as BM wisely says, until any of us read the ruling, we can only speculate.

[ToraToraTora]

i didn't I said that it meant some encroachment had taken place, as I said. The judge determined that it did not amount to trespass which begs the question, how much does, 1 ft? 1 yard? Anyway the house is blighted anyway, who would want to live next door to that lot?

[albaqwerty]

why one earth are grown men arguing over 3 inches?

[Old_Geezer]

Naughty Alba !