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

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anotheoldgit | 12:43 Wed 20th Dec 2017 | News
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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.

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personally I'd burn it all to the ground with the Alis in it after inviting the judge round for tea. Then milk the state for 3 squares a day.
Nice proportional response, there, TGT....
so I can nick a bit of yor garden can I alba? right oh I'll be round!
I predict this suggesting of illegal behaviour may result in missing posts.
JTT, you'd take that would you? after living there for 31 years? after bringing up your kids? all the memories? then some thieving low life steals it with the help of a barmy judge? Yes you bet! especially at that age with no where to go, put me in jail with smile on my face.
neighbour 'pinched' a bit of my back garden after HER fence had been destroyed by gales.
Not a problem.
She asked 'could I use a bit of yours?'
'Not a problem' says us and gave her a hand to instal new posts.
I too think it's harsh.
The recent pictures seem to have clarified things.
In my opinion, the Constantines built their extension first, observing the boundary-line. This meant that whilst the foundations ran along the length of the boundary the actual wall would be stepped back from this.
When the Alis built their extension, rather than leave a 6" gap (3" on each side of the boundary line) between the two extensions, they butted the external leaf up to the neighbouring extension (including an expansion joint as shown).
This is actually sound practice as the gap can cause all sorts of problems; damp, vermin, litter and by it's very natue it it inaccessible and can be to the detriment of 'both' properties.

There may be NO commensurate appropriation of space internally by the Alis. The Constantines now no longer have an inaccesible 3" x however long the extension is at the boundary of their property, which would have been to the rear of the concrete fence posts.

As more information keeps being added to this newspaper article, I may change my mind later on...
fair enough alba, they asked, you agreed, no problem. That's not what happened here.
from that, Jack, I take it that the Ali's and their professionals did the right thing?
If the Alis had been *my* clients, I have recommended that they have a word with the neighbours, explain the reasoning and made sure that everything was agreeable.
It seems the works were carried out without any sort of consultation and left the Constantines feeling aggrieved......even though they'd never again have use of the 3" land had the Alis constructed an extension wholly contained within the boundary-lines.
I'm going to knock down our party wall , so we can have more room to fit our 3 leaf dining table
JTT:"If the Alis had been *my* clients, I have recommended that they have a word with the neighbours, explain the reasoning and made sure that everything was agreeable. " - that may have worked for all concerned, instead they waited till the Constantine's went on holiday, comes across as very sneaky.
There are really no limits to some peoples' desire to exercise their 'rights', especially when it comes to property.

Normally intelligent people seem to lose sight of rational thought processes, and consideration of what exactly they are going to gain, and certainly in this case, lose, by pointless bickering over what becomes a 'point of principle' utterly at odds with the material gain from a legal victory.

It's sad for the losing family, I hope the gentleman concerned has thoroughly familiarised himself with the concept of 'chasing your quarry over a cliff ...'.
Whilst people may think it is harsh it must be said that the outcome of litigation is "the loser pays". Undoubtedly the parties will have been advised "if you lose you will pay your costs and the other sides". You should only litigate if you can afford to lose.

And why should the winning side be penalised by not being able to recover their costs?
Barmaid - A valid point - litigation of this type is a gamble, and the golden role of gambling is to only bet what you can afford to lose.
Justice should not just be affordable to the rich.

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