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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Without my knowledge or permission someone has erected a

Resolved Question:

Without my knowledge or permission someone has erected a wooden building on my land and is using it to undertake a business as a tearoom.
What can I do to have them and their building removed?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Have you asked them why they have put it up please?

Customer: replied 1 year ago.
The property includes a number of commercial units some of which have tenants. The tresspassers property has been erected adjacent to one of the tenants. He has approached them to tell them it is not their property but he says they are conuanced that it is. They have also cut down trees and shrubbery in the area.
Expert:  Ash replied 1 year ago.

Ok. You need to get s solicitor to write and ask them to move, or say you will go to court. If they do not vacate then you need to issue proceedings.

You would need to issue proceedings using form n1

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf

The court will list the matter for a hearing and decide whether to give possession. As they have no right to be there I am confident a judge will.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
Appointing a solicitor and going to court sounds a costly business. Is there any alternative?. Should the police take action? Is there a template for a notice I can serve on the trespassers to warn them off?
Expert:  Ash replied 1 year ago.

No the police won't do anything, this is a civil matter. If you google notice to quit you should find a template

Does that help? Alex

Customer: replied 1 year ago.
Can you give me an idea of the costs involved in appointing a solicitor and going to court?
Expert:  Ash replied 1 year ago.

Court fee is £280 to hear it.

If a matter is not contested about £1000 but contested around £5000.

But if you win you can ask for costs.

Does that clairfy? Alex

Customer: replied 1 year ago.
Seems most unfair that I could be liable for such costs through no fault of my own. What happens if I am awarded costs but the tresspassers are unwilling or unable to pay?
And what happens if, despite a court decision in my favour, the trespassers continue, or return some time in the future?
Expert:  Ash replied 1 year ago.

sadly you have a paper judgment. But they may have assets or you could make them bankrupt.

If they continue then you can get bailiffs to evict.

Does that clairfy? Alex

Customer: replied 1 year ago.
OK finally can you give me a rough idea of the cost of a solicitors warning letter prior to going to court. And would you advise that I precede that with a more exploratory letter from myself to check whether there is some misunderstanding over land ownership but ending with a firm intention of taking legal action, if necessary?
Expert:  Ash replied 1 year ago.

probably £250 for a sol koror letter. Yes try from yourself first and then if that does not work try a solicitors letter.

Does that clarify? Alex

Customer: replied 1 year ago.
Thanks. At your suggestion I have Googled Notice to Quit but what comes up are notices specifically for Landlords wanting to evict tenants but not appropriate for trespassers. Do you have anything more specific to my case?
Expert:  Ash replied 1 year ago.

You just need to Write and say, you don't have a right to be here. You don't have permission., please leave within 7 days or I will seek a court order. That is it. Alex

Customer: replied 1 year ago.
OK thanks for your advice. That's all that I need for now. Will I be able to continue to access the advice you have provided or can I save it in some way?
Expert:  Ash replied 1 year ago.

Sure, your Question is saved. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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