iloveashtrees
Registered User
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- 10
4 years ago I bought a typical 3 room cottage on 2 acres in the west of Ireland.
My 2 acres was surrounded by the neighbour farmer’s land, and I had a right of way through his farmyard (cattle shed only) to access my house. I suggested to him we swap some land (400m2) for me to make a new pass beside his farmyard and extinguish the right of way. This was agreed and I undertook the work at my own expense. This benefitted him considerably at no expense to him in that he ended up with a larger yard, no right of way, new fences, etc.
There were other minor inconsistencies between what was shown on the folio map and the locations of existing fences on site. I suggested we had the folio map revised at the same time so the existing fences become the boundaries shown on the map to eliminate any potential future disputes, as well as showing the new pass.
This was all agreed verbally 3 years ago, on the basis that the surveyor would then resurvey and adjust the folio map, which was carried out. The documents, and revised map, all agreed between us, were submitted to the solicitors 3 years ago, since which there has been no progress. I thought it was just a formality.
Following it up recently, my solicitor informs me the farmer neighbour wants me to pay his legal fees. This is out of the blue and not part of what we agreed. I, being a relative newcomer into the area, had acted as far as I could to be a good and considerate neighbour, eg, by not expecting a contribution towards fencing costs, letting him cut my field for silage, etc.
This requirement to pay his legal fees is a real kick in the teeth after all my efforts, and that the work I have carried out benefits him at no expense to him. Any goodwill on my side is totally extinguished and I am feeling completely antagonistic towards him now.
Regretfully I feel I should just pony up the cash, rather than risk diminishing the improved value of my property with a folio free from the risk of future boundary disputes.
Is there anything I can do?
My 2 acres was surrounded by the neighbour farmer’s land, and I had a right of way through his farmyard (cattle shed only) to access my house. I suggested to him we swap some land (400m2) for me to make a new pass beside his farmyard and extinguish the right of way. This was agreed and I undertook the work at my own expense. This benefitted him considerably at no expense to him in that he ended up with a larger yard, no right of way, new fences, etc.
There were other minor inconsistencies between what was shown on the folio map and the locations of existing fences on site. I suggested we had the folio map revised at the same time so the existing fences become the boundaries shown on the map to eliminate any potential future disputes, as well as showing the new pass.
This was all agreed verbally 3 years ago, on the basis that the surveyor would then resurvey and adjust the folio map, which was carried out. The documents, and revised map, all agreed between us, were submitted to the solicitors 3 years ago, since which there has been no progress. I thought it was just a formality.
Following it up recently, my solicitor informs me the farmer neighbour wants me to pay his legal fees. This is out of the blue and not part of what we agreed. I, being a relative newcomer into the area, had acted as far as I could to be a good and considerate neighbour, eg, by not expecting a contribution towards fencing costs, letting him cut my field for silage, etc.
This requirement to pay his legal fees is a real kick in the teeth after all my efforts, and that the work I have carried out benefits him at no expense to him. Any goodwill on my side is totally extinguished and I am feeling completely antagonistic towards him now.
Regretfully I feel I should just pony up the cash, rather than risk diminishing the improved value of my property with a folio free from the risk of future boundary disputes.
Is there anything I can do?