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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can we stop neighbour going on and/or seeding area of land

Resolved Question:

Can we stop neighbour going on and/or seeding area of land (steep gravel quarry face of
40'+) between two properties whilst we negotiate an agreement; possibly by redefine boundary (exact measurements not on deeds and ordinance survey records vary slightly) with GPS readings and apportion cost of buttress boulder work required. Neighbour made unstable and increased angle/degree of slope by removing all growth, saplings, trees and undercutting top hedge roots (will die) without making contact. Reason given "to let in more light" Is there an land injunction and how does it work?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Has it caused damage to your property please?Alex
Customer: replied 1 year ago.
Removal of all quarry face growth caused slippage. Of most concern,;top of quarry face where a 6' deep
bank of earth formed a very thick hedge; now reduced to 15" max: before sheer drop from our tarmac car parking area
(now roped off) through sparse remains of hawthorn/evergreen bushes. Cracks have appeared in front of bungalow;
nearest corner bungalow 25ft approx.: from quarry edge.. Drive is only route for vehicles plus heavy sewage/oil trucks.
Devalued property.
Expert:  Ash replied 1 year ago.
Ok. Sounds like you need an injunction to stop pending a survey to see what damage will be done and determine the boundary.You would need to complete forms n1http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd n16ahttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe court will list the matter for hearing and decide whether to grant an injunction. If the court does and they break it, this is contempt of court and they could be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
If the court grants injunction as described can it also force the neighbour to resolve by Mediation
sharing the costs? Thinking, unbiased and legally binding decision from Mediator rather than
having to try again to get a signed agreement. Do not want to incur much more in legal fees.
Hoped to resolve quickly as both elderly and in poor health hence our plan (when neighbour walked
away from issue to pay for necessary work with dea of being able to enjoy what time is left, stress fee.
Expert:  Ash replied 1 year ago.
You cant force mediation no - but the court will encourage it.You could get a local Solicitor to write and ask them to stop, this may be quick and cheap to do.Does that help?Alex
Customer: replied 1 year ago.
Yes it helps, but would it be binding.
A mutual signed agreement would have to cover so many issues including access, time schedule,
for work, identify boundary, who pays for what, and finally agree how quarry face is to be managed, i.e
permission for neighbour to plant, and with what (deep rooted plants like gorse needing minimal moisture)
maintenance conditions and ladder access and perhaps for a trial period of 2years only - no guarantee
for continuation, no permanent rights to be transferred with future sale of property. Trees bordering quarry
ours- to be pollard (to what degree) and finally we gave "right of way" years ago to a previous owner, over
a small section of our road boundary for them to make a new vehicle entrance/drive. So our boundary line
starts in the middle of neighbour's drive No money changed hands nor registered on deeds but boundary line
shows on map. and digi map.
to be transferred
say 3 years or
Expert:  Ash replied 1 year ago.
Yes mediation is binding, its a contract.If a party does not stick to it you can sue for breach of contractDoes that help?Alex
Customer: replied 1 year ago.
Yes, think will ask neighbour go to Mediation, If no, will possibly try for an injunction
hoping for an instruction to go to Mediation. A step forward in thinking - Thank you.
Expert:  Ash replied 1 year ago.
Good luck.AlexIf this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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