Ask a Law Question, Get an Answer ASAP!
Hi, welcome to Just Answer. I will help you with your question.
The issue sounds as thought it is about what the warrant actually covers - i.e. which land.
You will only know the answer to this by looking at the Court order, and referring back to any defined terms within the Court pleadings.
However, it's not possible for the bailiff to evict from land that was not dealt with in the proceedings. So, this is why it's important that you work out whether it was within the proceedings or not.
If there is any uncertainty about this, then I can tell you what might a way to address this.
As far as we are concerned the stables fall within the boundary of my wifes farm and therefore do not form part of the land that had the mortgage charge. This is disputed by the mortgage company.
Okay - but has the Court decided this issue?
No the dispute has not been settled by the court.
Okay - then there will be a defined piece of land that the Court proceedings relate to, and the bailiff can ONLY take steps in relation to that land.
He cannot eject from land not dealt with by the proceedings.
The defined land is in dispute, because of the boundary dispute so neither party can say that the land is dealt with in the proceedings or not.
The district Judge has stated ,in the past, that a boundary dispute can not be dealt with in the same proceedings as the repossesion claim.
Okay, then the decision of the DJ sounds a little odd - surely, you need to know what you're being ejected from.
So, in my view, it might be something that needs appealing to a higher court.
Or, perhaps, make an application for permission to clarify what the ejection relates to.
How do I do that .
Bearing in mind the Bailiff is coming tomorrow, as there is no proof of ownership do I have to let him onto my wife's land to gain access to the stables anyway.
To apply to the Court by application you need to use Form N244 - like you did when you applied for the stay of the execution.
If you refuse him access to the land in the pleadings (and Court order) you could be liable for contempt of court.
This is the problem -as you don't know whether the court has included the stables land in the order. This is what you do need to know -and making an application to ask for clarification might be one way of doing this.
Problem is, it's a little late in the day, and you might realistically need to appeal the DJs decision so far really, but you have little time left. It's still possible in theory to appeal, but I expect you might struggle to do that without legal representation.
The Application route, using an N244 is earlier, although it might not be the most appropriate way. The Court might, however, stay the execution by the bailiff if, for example, you sought permission to appeal. it's all very complex really. But if you seek clarification using Form N244, that is perhaps a starter, asking at the same time for time to take advice perhaps on the pleadings etc.
I hope this answers your question. If you need further information, either now or later, just let me know and I'll gladly help out.
Please do remember to rate my answer as highly as you can for me. Thank you.
Why poor service?