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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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Can I get an injunction to prevent my neighbour removing a

Customer Question

Can I get an injunction to prevent my neighbour removing a boundary fence without a party wall agreement? How much is it likely to cost and what Court would be involved ie County Court etc. He has previously done so on part of the boundary and build a wall on my property. An independent Surveyor was appointed (his choice of surveyor) but he refused to be bound by the decision.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Is ownership and responsibility for the fence noted in the deeds?

What does it say?

Why is he removing it?
Customer: replied 2 years ago.

The deeds place responsibility on the neighbour to fence that boundary. However his predecessor was an old lady who allowed the old fence to deteriorate and collapse and my predecessor build a fence adjacent to the boundary but on my property at the front garden. The current neighbour removed and destroyed this and build his replacement where my fence had been claiming that was the boundary. The independent surveyor reported and agreed that the replacement wall is on my property but the neighbour refused to be bound by this.


I now understand that he is obtaining quotes from contractors to repeat this process at the back garden and has instructed them to remove and destroy any features on my side. I therefore am considering seeking an injunction or order preventing him from repeating the trespass.


 

Expert:  Remus2004 replied 2 years ago.
If you get a solicitor to do this and he defends it, you could be looking at costs of £5000 easily, although you would get that back if your application is successful.
You would certainly get an injunction in the short term pending a full hearing to determine the matter.
A solicitors letter threatening the court application and an application for substantive legal costs may put the issue on hold pending a resolution.

It appears that you already have the surveyor's report and it would be remiss of the neighbour to ignore that.

If you want to do this yourself you can keep the costs down by applying to the court yourself and then you will only be paying a few hundred pounds although applying for an injunction is not for the fainthearted if you have no experience of doing so before.

If you are applying yourself, use court form N244

Can I clarify anything for you?

Jo

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