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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Unauthorised use of land on a trading estate. Another business

Resolved Question:

Unauthorised use of land on a trading estate.
Another business has been storing his property (including an old lorry) on car parking spaces which belong to me and are shown on my deeds and at the land registry.
The business owner says he owns the land, but can not produce any evidence to this effect and has simply refused to do anything about it.
What can we do about it -
Can we give him notice to remove his property (which I doubt he will do) then remove it ourselves ? or would we need to take him to court?
thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

He is using your land or someone else's please

Customer:

Hi, I am no property/land expert, but it is shown on the land registry drawings attached to my property deeds (freehold) so I own it (I presume)

Alex Watts :

If you own it then you can ask them to stop.

Alex Watts :

If they refuse then you can go to Court and seek an injunction.

Alex Watts :

You would need to complete forms N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court would then list the matter for hearing and decide whether to make an injunction.

Alex Watts :

If its contested then the Judge will set it down for a trial and see whether an interim injunction is needed

Alex Watts :

If an injunction is granted and breached, this is contempt of Court and a Judge can warn, fine or send someone to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Thanks for your advice
I presume this means we can't simply place a notice on his property (most of which is junk) and dispose of it after a period of time (assuming he doesn't).
Could we end up potentially being charged with theft?
Some of it could be moved on to parking spaces he owns, would this be illegal if we simply moved the junk from my property to his?

Alex Watts :

Sadly no. Its not your so would be criminal damage/theft

Alex Watts :

But yes you can move the junk from your land to his and if he continues seek an injunction to stop him depositing it further there.

Alex Watts :

Does that help?

Alex Watts :

But you can't bin it sadly!

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