WebJulAug2018

66 | Westender www.westendermagazine.com
Magazine Promotion
Legal Matters
Who is my neighbour?
by Donald Reid, chairman at Mitchells Roberton
The Smiths and the Browns live next door
to each other. Their back gardens are
divided by a hedge. One day wee Jason
Brown’s ball flies over the hedge and hits the
Smiths’ wee dog Prince in the eye. He yelps.
Mrs Smith happens to be relaxing in her
garden in the canopied swing she purchased
last week at B&Q. She is distressed by the
injury to Prince. She confiscates Jason’s ball.
That evening Mr Brown appears at the
door and demands Jason’s ball back.
The Smiths don’t like his tone and refuse.
The volume of dialogue rises. The Smiths see
fit to criticise Jason’s general behaviour and
the disciplinary failings of his parents.
The conversation widens (as it does)
to discussion of the hedge. The Smiths
say they have measured and the hedge is
on the wrong line depriving them of a foot
of ground. Mr Brown furiously goes and
fetches a copy of his land certificate and
with stabbing gestures asserts that what he
has title to is his and they should back off.
Unfortunately, while not counter-challenging
the Smiths’ parenting skills he does see fit to
question the legitimacy of their parentage.
The conversation ends unhappily.
The next week the Browns go on holiday.
When they return they find the hedge has
gone and a six foot lap fence has been
installed on a line about a foot more to their
side than the hedge had been. The shadow
cast by the fence is greater and the Browns’
garden is as gloomy as the Browns feel by
this turn of events. Another acrimonious
doorstep conversation ends with Mr Brown
promising to ‘get my lawyer onto this.’
3. If when the Smiths go on holiday the
Browns see fit to remove or move the fence
they do so at their own peril and not on the
solicitor’s advice.
4. The last time the solicitor had a case like
this it went to court. Her clients won the case
but were so out of pocket and stressed by it
that they wished they had never started.
5. If the Browns can’t live with it they should
seriously think of moving.
The Browns mulled this over and decided
their solicitor was a spineless wimp. They
phoned and told her this and said they would
go elsewhere. The solicitor said she was
sorry to hear that. She concluded the call
and went next door and high fived with her
colleagues. The Browns looked elsewhere,
and found a lot more wimps.
The moral of this tale? Try not to fall out
with your neighbours. If you must, make sure
it’s for a bigger reason than 1/1250.
If Donald can help please
contact him on 0141
552 3422, or email dbr@
mitchells-roberton.co.uk.
The Browns consult their solicitor who listens
to their tale then offers the following advice:
1. This dispute is more about wee Jason and
wee Prince than the fence.
2. The land register title plan scale is 1/1250.
It is not precise enough to resolve a dispute
over a foot of ground.
Mitchells Roberton Solicitors
& Estate Agents
George House
36 North Hanover Street G1 2AD
0141 552 3422
www.mitchells-roberton.co.uk