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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live in a house built in 1925, a row of 4. There is an access

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I live in a house built in 1925, a row of 4. There is an access path at the end of the rear gardens, this shows on our deeds as our land. A few years ago a new house was built on a plot at the rear of the access path. I have a copy of his planning application whcih clearly shows the access path as not part of his plot. Last week he built a fence across blocking access for all four houses and incorporating the path, approx 5ft in width, into his garden. He is a totally unreasonable man but I want access to my rear garden. What should I do?
Pam Dawson
5, Bankfield Terrace,
Baildon
West Yorks,
BD17 7HZ
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you have served any written notice on the individual regarding the issue to date please?

Customer:

No this only occured this week

Joshua :

Thanks. Based on what you say the individuals actions amount to an unlawful trespass.

Customer:

Is this a Police matter or are we takling about going to court

Joshua :

Accordingly the steps to consider in resolving the matter would typically be for you to serve a written notice of trespass upon him and requiring him to remove the trespass (the fence) within say 10 working days failing which you reserve your rights entirely, in particular including an application for an injunction at the county court.

Joshua :

If he ignores your notice you can if necessary consider a) removing the fence yourself - though this is potentially risky as although the structure is based on what you say unlawful, if you cause any damage to the same, he may have a claim agaisnt you including allegations of criminal damage. In these circumstances such disputes can escalate unduly and expose you to police visits. For this reason I typically do not suggest practical action. Rather you can give consideration to an application for an injunction to order him to remove the fence. This is a court order ordering its removal. Ignoring an injunction can amount to contempt of court and can ultimately lead to custody.

Joshua :

An application for an injunction can be made if necessary using form N16A

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

Joshua :

You would need to adduce evidence of ownership of the land (your title plan) and evidence of the trespass (a plan and photos perhaps).

Joshua :

Is there anything above I can clarify for you?

Customer:

No that has been very helpful thank you

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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