Friday, June 15, 2012

Life and Stuff - an Author's Friend

STATUS: "...when life gives you lemons, you make lemonade... and then that lemonade ferments and turns to pig-swill." The Wolf, Hoodwinked.

Music: Shattered Dreams, Johnny Hates Jazz

Everytime I plan to write a regular blog it lasts a few weeks and then I run out of ideas. Not too good for a writer. Also not very usual for me, as I generally have ideas about everything--as my wife would attest to, or likewise the dozen novels in various stages of plotting. So, for some reason, it just seems to be the blog thing that leaves me blocked.

I really would love to say 'oh, life's just been too busy' or 'there's some craziness happening that's distracted me', but those things usually give me more, not less, ideas.

Speaking of which, we have had some crazy dayz with our back-border neighbour in the last two weeks or so. Let me tell you about it (heck, you're already here, might as well make it worth your while).

It started several months ago when we saw the owner of the back property refinishing chairs in her yard during one of the rare periods of nice weather this year. We spoke with her, asking if it was okay that we put a fence up on the border, to stop our preschooler and her friends from wandering through the properties (it already happened once). The woman was nice enough and said whatever we wanted to do was fine with her (she also said she was the sole owner and used to own it with her ex-boyfriend).

Fast forward a few months and we've hired gardeners to fix up the yard. They've finished putting down stones in the work area by the shed and start putting up the fence as we've directed when a guy comes from the property behind saying they can't put the fence there. Not wanting to cause trouble, they stop and wait for our word. This starts a chain of txts, web searches,and phone calls.

First, I want to understand what the laws are and what, precisely, our title deed means. www.landregistry.gov.uk is very clear on this. For older properties  (ours was bought in the 1800's and our house built in 1932) the title deed holds very little legal sway. The only measurement is the frontage. Everything else can be inferred from that, to relative poor accuracy as the deeds were at best 1:1250 scale. Moreover, any such inferrence is not legally binding as it doesn't take into consideration existing hedges, fences or buildings. In other words, Who builds it first has right of way.

Even more interestingly, any claim filed with the registry must be agreed upon by both neighbours. Therefore, a surveyor's word is only a suggestion, and a lawyer's role is largely as a high-priced mediary to facility discussion and formulate an agreement between both parties.

I mention all these details for two reasons. First, it's amazing what you can learn online, and it's potentially useful to know this stuff not only in your personal life, but also as a writer. And second, because it makes you quickly realize that our neighbour knew none of this (although he is the British native). I say the latter with strong certainty because he made numerous attempt to bluff us with veiled legal threats and claims that he had a deed with measurements on record with his lawyer.

Of course, he couldn't have because the land registry law would mean that we would have to have a copy of any legally agreed boundary between the two properties. Since we didn't, he couldn't have them either.

It's very sad, on a personal level, that he tried to mislead us in basically every communication he sent us, while we only dealt with him honestly, even giving him the land registry web site and the name/company of the surveyor (Ian Summersgill, Linchpin Ltd.) we talked to (who confirmed everything I've said above).

But as a writer it was an interesting view into a certain mindset. Apparently this guy was so afraid of either losing a square foot of land, or of being taken advantage of by people he thought might be trying to fast-talk him, that he absolutely refused to budge on his position, or to listen to any of the legal position I'd discovered (I'd even printed him out a copy).

At the risk of sounding like we run in the 'posh' circles (something that's almost criminal in parts of the country) I will say that, while I have encountered many more such stuborn people since leaving Canada, I have rarely encountered someone who completely refuses to listen to the other--or even the official, legal--position.

He is right in that, had we been more vindictive, or perhaps just richer, we could have abused his lack of knowledge. But we didn't. In the end, my wife and I decided on a path for the fence that we liked, and gave him what he wanted.

So, while the entire experience was somewhat frustrating (although also a bit like a chess game), I feel that being a writer means I can take away something longer lasting. I can use this experience in my writing to enhance my characters, give them that certain verisimilitude.

Or else I can take literary revenge.

Insight and longevity.

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