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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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a neighbours car continually drives into my driveway/land

Resolved Question:

a neighbour's car continually drives into my driveway/land to turn, how can I stop this? Do I have to install a gate or post to stop them? I don't really want the expense or inconvenience to install and then to have to open myself when I leave or enter my property?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

You can open a gate to prevent access to your property if you wish, but you really shouldn't have to do this.

tdlawyer :

What you could do, however, is write to the neighbour concerned and make clear that if he continues to trespass onto your property in this way, then you will take court action if you have to.

tdlawyer :

Then if you wanted to, you could seek an injunction against him in the court, which means that if he keeps trespassing once the order has been made, he would be in contempt and could be punished by fine and/or imprisonment.

Customer: Is there a cost for an injunction? Also can I write a simple letter fro your reply that would stand up in court and is it best to post recorded to ensure they can't design receipt?
tdlawyer :

Yes, do a simple letter than threatens to get an injunction if he doesn't stop. The costs depend on the lawyers you use, but on average, for something like this which is no fact heavy or difficult, I would have thought something like £3,000 to £5,000 plus VAT would probably be about right. If you succeed, you should get an order that your costs be paid by him too.

Customer: So I write a letter and then if needed apply for the injunction at a poss cost of £5k but will only be able to recover if they continue to access my land . Is it poss to name two people as there is a married couple and it would be difficult to say which one at any time is continuing access?
Customer: Please reply when you are available [email protected]
Expert:  tdlawyer replied 3 years ago.
Yes you can name two people and see what they say in response.

And yes, the summary is a fair one.

I hope this helps?

Tony
tdlawyer and other Property Law Specialists are ready to help you
Expert:  tdlawyer replied 3 years ago.
I hope this has answered your question. Is there anything more I can assist you with?

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