Over three years ago our neighbour decided his garden is bigger than we believe it actually is and tried to claim a path that falls on the other side of the boundary wall is his. He went on to sue us for trespass and £15K 'damages'. He and his wife have subjected us to a catalogue of abuse and harrassment in the process, so much so that I have moved out with my four children. He is being funded by legal expenses insurance and I am convinced it is a fradulent claim-I have evidence that he was absolutely aware of his boundary position when he bought the property- he failed to disclose correspondence from the vendor at the time of the purchase to his insurers. Indeed the vendor is a witness for us. He has also altered the landscape considerably despite his assurances through his solicitors that he would desist. He is attempting to hoodwink the surveyor who is to visit in the next few weeks. His twin brother remarkably who also lives locally is doing the exact saame thing to his neighbour (ie LEI & harrassment) over a dispute about a downpipe.I have done all I can to ascertain who he is insured with and have liaised with IFB but with no joy. I have contacted lots of insurance companies (LEI underwriters) but no joy.Please could you help? I feel desperate and alone fighting this major injustice. This nasty man has turned our lives upside down.

Please could you help? I feel desperate and alone fighting this major injustice. This nasty man has turned our lives upside down.

I guess this is very specialist fraud and hence why I am haven't difficulties..

Have you actually checked your deeds to see where the boundaries lay?

Sounds all a bit odd. Insurers legal expenses providers are normally very very reluctant to get involved in pursuing such cases. The boundaries are set out officially with land registry and your local authority will have details. When I bought my house, my solicitor provided me with a plan of all the houses in my road, with mine highlighted showing all the boundaries. I believe that also the boundaries are also defined in the deeds to the properties. When my neighbour had some work done near the boundary, they had to submit plans to the local authority building control and the builder/surveyor used a theodolite to make sure the boundary was kept to.

My advice is to use a local solicitor who will know issues in your area very well. Someone I know used to advise on such issues, but they are no longer practising. But I think they would say that you need LOCAL advice. Often a solicitor who has been practising in your area for many years will have contacts within the local authority and know local officials who can help in this situation, obviously within the professional standards expected.

I'm not sure why your trying to find out who the LEI are, their not going to cease funding based upon your evidence, you are potentially going to prejudice your position by doing this, be careful.

You have to remember they are there to believe their client, not you.

LEI works on a reasonable prospects basis, if the solcitors dealing feel there is 51% or more chance of winning, they will take it on. That doesn't mean they will succeed.

Good luck with this, theres a good website called "garden law" or similar it's pretty helpful.

Dear Happybuny,

(I posted a reply somewhere today Wed 6th April not sure where it went)

So sorry to hear about your situation.

Please note my messages are merely opinions and should not be construed as legal advice.

It seems the IFB merely sends out alerts and it is never clear if they are picked up. The LEI insurers will not give you information about their clients, but send them (all) the details anyway.

Do you have the Land Registry documents for your properties that show the boundary . Get the LR documents from the Internet and show them to the surveyor. If he is claiming land on your side of that boundary it should be obvious. (Is he trying to claim LR documents are wrong?)

Has the case gone to court? Is it due in court soon? Have there been any Directions Hearings?

Keep contemporaneous notes of harassment and if possible video and audio.

I am not sure what advice to give you other than employ a solicitor/barrister (very expensive). Please feel free to ask me questions.

Regards

Cx500