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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11450
Experience:  30 years as a practising solicitor.
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A property developer to the rear of our property has damaged

Resolved Question:

A property developer to the rear of our property has damaged our, and neighbours, properties throughout the course of the development. The main issue has been subsidence caused from large scale excavation on the site. We have tried on numerous times to engage with the developer to request remedial work to our property but they are now not returning any calls or emails. Is there any course of action we can take to force them to engage with us? The development is not yet complete and they are selling the properties on a leasehold basis so anything we can do to frustrate this process and get them to deal with the damage they have caused would be fantastic! Any advice gratefully received. Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If there is ongoing work in the vicinity of your properties you can instruct a solicitor to raise injunction proceedings to stop the work.
If that is not the case and the damage has been done already and the work in the vanity is complete then your action will be for damage and the cost of fixing that damage.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you for your response. As stated above, the development is not yet complete so the work is ongoing. Could you be a little more specific regarding the injunction. Does this have to be carried out by a solicitor or can we raise one ourselves? Are there different forms of injunction? Who exercises it?

Thank you for your help in this matter.

Ellie Wetz

Expert:  JGM replied 2 years ago.
An injunction is an order of court preventing someone from doing something. So once the court grants the order, the behaviour complained about must stop. The court can grant the order on an interim or emergency basis without hearing evidence where there is a risk of damage to person or property.
If you are not experienced in civil court matters you have to use a solicitor to deal with this for you.
I hope that this helps.
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