Leagal help - PLEASE

[fine_and_dandy]

An interesting dilemma, not detracting from the stress you are under in any way.

I'm trying to think if it could be construed that there was a contract in place. She provides the land as her consideration; maybe she likes seeing horses on her land/wants the grass kept down, so you provide the horses, which is your consideration, hence a contract being in place.

She knows that horses will lean on fences, chew on trees, etc., so what yours have done is nothing out of the ordinary, therefore I would have said it was normal fair wear and tear.

You have some options as I see it, bearing in mind I am not a land solicitor!

a) the letter with a cheque for a couple of hundred (if that is a fair estimate) as suggested, not forgetting the 'Without prejudice' at the top;

b) a session with a land solicitor, then a letter from them. I suggest a specialist as land law has weird vagaries in it;

c) and this one I'd do no matter what other route I took, log all this harasssment you are receiving, and log your responses. Clearly and without emotion if you can, other than some note of how it's making you feel/affecting you.

Hope it is resolved soon hun.

Agree with what MrsM has said re consideration - there is nothing which says the consideration must be adequate i.e. exchanging money for land, only that there is consideration, which would probably come down to the views of the Judge in Court.

Please BE VERY careful about using "Without Prejudice" letters. Essentially, by doing this, you are making an offer to settle, and you MUST do so un a prescribed format. This is known as a Part 36 offer. There are numerous criteria that a without prejudice letter under Part 36 of the Civil Procedure Rules must contain, i.e. specifying a time limit for acceptance (normally 21 days) and the way you phrase it should be incredibly careful. Ultimately, the letter will need to outline that you believe you have a strong case however, in the spirit of the pre-action protocol, you will offer...etc etc. There is also a prescribed format for how they should respond to this offer. If they reply with a counter offer, i.e. the £2800, and later decide they will accept your initial WP offer, they are unable to do this as a counter offer in Part 36 automatically renders the original offer void and rejected. This means, in the event that the matter goes to Court, you have attempted, in the way the pre-action protocol has been implemented, to settle things out of Court BUT you have not acknowledged that by making the offer that your case is weak and frivolous to continue your defence to the action. I urge you to seek independent legal advice about this, but I would advise you AGAINST sending any money to her.

The other thing to bear in mind is as other HHOers have said, making a complaint to the Police re harassment. Harassment (s.2 no threat of violence) is unwanted communication which occurs on at least two occasions and that the harasser knows or ought to know their conduct would amount to behaviour causing another fear, alarm or distress. It helps if you keep a record of the dates and times, any emails or text messages or phone calls. The Police will normally run phone analysis (although as your OH is Police you probably already know this!).

Did you take any photos of the damage before moving your horses in, or did you have anyone who was a witness to the existing damage before you moved in?

Hope it gets sorted, it isn't a nice situation to be in and I am of the view the land owner has seen an opportunity to try and get land re-fenced for free - frankly, the money she would spend pursuing you through the Courts, if she has it, would easily pay for the fencing to be done anyway!!

 

[sadiedeb]

I would say what ever you do/say needs to be written down. If she keeps ringing say you've been advised not to speak to her and could you put it in writing as you are seeking legal advice.
Good luck - try not to let her stress you - the continous phone calls is (a type of bullying) trying to break you down to give her the money to shut her up - if you do decide to give her anything you want a written and signed/.dated receipt confirming that nothing else is owed so she can't come back to and say oh buy the way ....

I made the mistake of paying things for who I thought was a friend but never got her to sign when I'd paid or given her something (I thought she was a friend why would I) till I asked for the 300 back then it was my word against hers when said we'd take her to court her hubby threatened us in end decided as causing so much stress we'd give up - so in a way she won but I didn't want the stress it was causing - now waiting for Karma to come and bite her on the arse (not just for me but the others she ripped off when she stole their tack)
.

 

[babymare]

i agree with mrs mozart (as always ) and fine an dandy but sweet heart most of all get legal advice - one letter from a reputable solicitor may back her off you you offered to put right and not many would do that - seek good legal advice and sleep well at night - big big hugs sweetheart and hope it resolves soon hugggggggggggggggggggggge hugs xxxx

 

[wheezy]

Ok thank you for all of the replies.
I think I will get one or 2 contractors up this week for a quote to put the fence back into working order. When I do this do I have to send her the quote for it to be authorized? She has said if anyone goes to look at the fence then she wants to talk to them so she can tell them what she wants done. Do I have to give her there number? I thought I'd get them to write on a quote exactly how many posts will be replaced and if any wire needs replaced then how much. So hopefully she won't have to talk to them. I am hopefully going to be able to organise the quote for when she is at work so I don't have to see or speak to her.
Thanks again though

 

[AmyMay]

Field owner is well within their rights to get the field re-fenced to ensure the safety of stock within it (i.e yours) and then charge you for it.

If you're not happy about that then obviously you can move.