The 'something That Requires Explanation' Question (But With More Detail)

[notnutnut]

More detail as I said above to to clarify (hopefully) my original posting.The evidence,(signed statement by claimant dated as 31/3/12) included a series of photographs that according to the signed/dated statement were 'of a recently installed fence' so obviously prior to the 31/3 !But,this fence was definitely not installed until very late in 2012 as per the expert witnesses (surveyors) reports that date the fence as late 2012 so surely it's inclusion could not be accidental ? Allegedly The 'historical/original fence' was 'discovered' during the installation of this new fence.I'd appreciate any direction/opinion on this please!

[factor-fiction]

Do you still have a legal representative, notnutnut? I just wonder what his/her view is.

[boxtops]

Here's notnutnut's first thread http://www.theanswerbank.co.uk/Law/Civil/Question1215820.html

NNN "as I said above" doesn't make sense if people are looking at the posts in date order... a link to the original thread, or an update in that thread, is a better way of doing it.

I hope you get your answer

[Barmaid]

Are the pics of the fence that is there now?

Is it not the case that the experts have simply got the date wrong?

[FredPuli43]

These are all evidential matters. Any inconsistency goes to credit, whether a witness is to be believed. I cannot see how we can help you further. What is to be made of the evidence is for the judge alone and what use your lawyers make of evidential material is for them alone.

[notnutnut]

Barmaid, the pics are of the fence there now that was NOT there prior to the date of it's inclusion in the 31/3/12 statement and was categorically not installed until maybe November/December at earliest and the expert (surveyor) agrees with,when asked by me so no mistake ! Thanks.

[Barmaid]

You received the pics in March last year? How can there be pictures of something that did not exist? Were the pictures actually SENT to you in March/April or were they just referred to in a statement?

Is there any evidence from the person who actually put up the fence?

Generally, in my experience, the expert will give evidence based on some of what he is told (ie he will receive instructions from the party/ies which will set out certain facts, so it might be that the expert is not being untruthful). Have you seen a set of the instructions to the expert?

[notnutnut]

Sorry barmaid,I can see I'm confusing you here.The pictures and supporting statement turned up at the beginning of January this year I believe without checking the file but purport to have been submitted as evidence prior to 31/3/12 (by signature and date on the file) The claimant and his primary witness put up the fence over a couple of days,200 metres or so at least.The expert (surveyor) confirmed it was not there on his last visit and I'm pretty sure that was in December without digging out the file and there is plenty of it.I hope this helps clarify and once again,thanks for your help.

[factor-fiction]

If your legal representative in this complex case is on the ball he or she will be aware of the discrepancy and how to deal with it , and should be able to share these thoughts with you- or do you feel you are not getting the right support from your legal representative?

[buildersmate]

We seem to get information from you in tantalisingly small, bite-sized chunks on this case but without getting the bigger picture.

Putting the bits together, the gist seems to be that you are using a legal process to determine a physical boundary between you and a neighbour. You have gone down a route of trying to use OS maps dating to 1925 to show where the original boundary was. Since the matter escalated between you and the neighbour (involving solicitors), the neighbour has erected a new fence, cutting a parcel of land about 2m by 20m from what you regard as 'your' land. The neighbour maintains that this fence is erected exactly on the line of a historic old fence that he found when he went to erect the new one. You are hoping to use adverse possession to determine that the physical boundary aligns to where you have most recently believed the boundary lies.

If you are going down the adverse possession route, one of the things you have to demonstrate 'factual possession'. There was a landmark case in 1979 (Pye v. Graham) where the judge provided a statement as to what constituted factual possession, which was later (in 2002) approved by the House of Lords.
One of the best pieces of evidence is that a fence existed between the two.

You've never told us what the state of the original boundary was (that you believe demarcates the two parcels of land) - whether it was fenced, hedged, ditched, or what. Also what cultivation or other management you have done on the land now separated on the other side of this new fence. But it seems to me that that will be a factor in determining the extent to which you can show 'factual possession'.

These cases can rack-up big legal costs - far more than the worth of the land under dispute. I do hope you've considered that. As always, your legal people have access to all the evidence whilst we only know what you have told us.

[notnutnut]

FACTOR30 and BUILDERSMATE.
factor30,to be kind to our team,as I've said before, I think I've broached the subject twice but without discernible response and how far should I push it,something wrong somewhere I'm sure ?

buildersmate,I see your your point re. the bit/byte size 'appetizers',the reason for this is or are that I'm not sure if detail divulged here could or would prejudice the case and also the increased risk of someone putting 2 and 2 together and exploiting any weaknesses.I have no problem in giving detail really since it's already disclosed.If you give me a clue on this the details I will share with you,(someone did suggest I serialise it though) Let me know please,cheers mate.

[notnutnut]

Hello all,
I was going to share the detail with you on this,but would it prejudice the case at all ? I didn't want a guarantee,an indication would do,anyone ?

[buildersmate]

Look, since you are clearly bothered about it, its perhaps best to say nothing more. We now know that you are using professional advisors who have access to all the relevant information whilst we can only work off what we know.

You've seen a couple of the more recent posts that I have put up on land boundary issues. I've explained about the difference between the physical boundary and the legal boundary.

I'm sure a few here would appreciate some indication later of the outcome you achieve.

[notnutnut]

buildersmate,I will post progress reports during the course of the trial and once again,thank you.