future nuisance statuary case

[Navahmed]

hi folks
i purchased a property town house and the neighbour said i was causing water ingress via my roof to him
we got specialists out which disagreed
now the neighbour lawyers are persuing me via a future nuisance order

question is there is limited info on these types of cases i do have legal represtntation however id like a profesionals second opinion

if anyone can assist

nav

ps case is in scotland

 

[parkingandsecurity]

Speak to a second legal representation then ?

Its too risky to come on here with just that story and expect advice let alone sound advice, what does the report from the specialist say? what is the claim for? how old is the roof? Does the house have water ingress?

 

[Navahmed]

Speak to a second legal representation then ?

Its too risky to come on here with just that story and expect advice let alone sound advice, what does the report from the specialist say? what is the claim for? how old is the roof? Does the house have water ingress?

im looking for someone that has a expert opinin on future nuisance cases

thanks

 

[smallclaimsassistance]

If you would like a second opinion, ask your solicitors to seek counsel's advice (the researched opinion of a specialist barrister).

Dean

 

[The Byre]

The animal you need (in Scotlandshire) is called a solicitor-advocate and they need a full and open briefing on what the nature of the damage/nuisance is and what is being claimed.

A solicitor-advocate usually charges about £240 per hour, plus VAT and this looks like a four-hour job, so the OP will have to de-trouser about £1,000 or more for proper qualified advice from the right specialist in this area of Scottish law.

Of course, the costs will not end there, as your neighbour has obviously taken proper legal advice - 'future nuisance to property' is a querk of Scottish law that a layman is unlikely to be aware of.

Quite honestly, you could be heading for a large legal bill (your beagle, their beagle and the cost of the courts) AND be forced to make the necessary repairs anyway. My 30 cents worth - apologise to your neighbours for any inconvenience caused and fix the bloody roof!

If you do go to a solicitor-advocate, he is very likely to tell you that you probably will have to fix the roof anyway. The difference being, he or she will do so over two A4 pages, citing cases of precedent and principles of Scottish law and charge you c.a. £1,000.

You heard it from me for nothing!

 

[billmccallum1957]

If you want some context, try https://sites.dundee.ac.uk/dundeest...06/Dundee-Student-Law-Review_Vol-III_No-4.pdf

 

[The Byre]

Although that is from Dundee Uni in Scotlandshire, that paper deals exclusively with the law in Looney-Land. Scottish law is different!

 

[John Hemming]

I take a slightly different view on neighbour cases. I think it is really a good idea to get on well with your neighbours. Hence I will go a long way to avoid a legal dispute as to who is in the right and who is in the wrong. You may win a legal case, but end up such that if your house is being burgled the neighbours ignore it.

 

[obscure]

....but end up such that if your house is being burgled the neighbours ignore it.

Or maybe they are the ones burgling it

 

[John Hemming]

That, of course, is a possibility.