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Nicola-mod
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Category: Law
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Approximately two years ago my house was repossessed by the

Customer Question

Approximately two years ago my house was repossessed by the mortgage company, I was naturally evicted and I left peacefully.
Subsequently there has arisen a dispute over the ownership of a stable block which belongs to my wife, who owns the farm adjoining the mortgaged house. The mortgage company say that it falls within the boundary of the mortgaged land , my wife and I dispute that. No proceedings have been issued to determine the correct boundary line.
The only access to the stables is from my wife’s land and we still occupy the stables, not having been evicted from them.
The warrant for possession is due to be enforced again tomorrow. I applied for the warrant to be suspended but this was dismissed.

Does the Bailiff have a right to trespass on my wife’s land to evict her, from her stables?

Is ther anything we can do to prevent this from happening?

Neither my wife nor I have the money to pay for solicitors and any help you may give would be very much appreciated.
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

The issue sounds as thought it is about what the warrant actually covers - i.e. which land.

Max Lowry :

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.

Max Lowry :

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.

Max Lowry :

If there is any uncertainty about this, then I can tell you what might a way to address this.

JACUSTOMER-p10hq9zj- :

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.

Max Lowry :

Okay - but has the Court decided this issue?

JACUSTOMER-p10hq9zj- :

No the dispute has not been settled by the court.

Max Lowry :

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.

Max Lowry :

He cannot eject from land not dealt with by the proceedings.

JACUSTOMER-p10hq9zj- :

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.

JACUSTOMER-p10hq9zj- :

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.

Max Lowry :

Okay, then the decision of the DJ sounds a little odd - surely, you need to know what you're being ejected from.

Max Lowry :

So, in my view, it might be something that needs appealing to a higher court.

Max Lowry :

Or, perhaps, make an application for permission to clarify what the ejection relates to.

JACUSTOMER-p10hq9zj- :

How do I do that .

JACUSTOMER-p10hq9zj- :

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.

Max Lowry :

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.

Max Lowry :

If you refuse him access to the land in the pleadings (and Court order) you could be liable for contempt of court.

Max Lowry :

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.

Max Lowry :

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.

Max Lowry :

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.

Max Lowry :

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.

Max Lowry :

Why poor service?

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

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