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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I need to take out a an Injunction against my neighbour to

Customer Question

I need to take out a an Injunction against my neighbour to gain access to the gable of my 4-year old detached house.
He is in breach of an agreement that he signed that grants me access rights to the path between our properties. He goes away for months at a time so I do not want to have to request access from him on each occasion. The path is within the boundary of his leasehold property. A solicitor acting for the builder of both properties has written to him. I have written twice to him and I have now paid my solicitor on 2 occasions to write to him pointing out that he is in breach of the agreement and requiring him to give me a key to the locked gate to enable me to carry out inspection and repair.
He knows the area that ladders would have to be placed to conduct one long overdue repair, so he has piled bricks up to prevent this should I gain access.
My solicitor would charge me £1500 to £2000 for obtaining an Injunction. I cannot justify this to achieve what is already my legal right, so I want to do everything myself if possible. I am retired so time is not a big issue.
Advice on the procedure would be greatly appreciated.
Thank you in anticipation.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
You need to issue a claim using form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And form N16a:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will then list the matter for hearing and decide whether to grant the injunction as per the Access to Neighbouring Land Act.
If the Court grants the order and the neighbour refuses this is contempt of Court which he can be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you Alex:1. Are the 2 forms to be submitted simultaneously or sequentially to the County Court?2. There are joint defendants, husband and wife. If the form asks for "Defendant" rather than "Defendants" do I assume the plural and enter both names?3. My wife is joint owner of our property. Should I include her when the form asks for the name of the Claimant, or is this an unnecessary complication?4. I am required to enter the Court Fee. Is this a standard fixed fee that I can get by telephone from the County Court in advance?5. Are County Courts generally understanding and helpful toward people like myself who do not use a solicitor?6. I have solicitors' letters that were sent to the Defendants but there are no 3rd parties to provide sworn affidavits or sign statements. Is this a problem?Thank you,Hylton
Expert:  Ash replied 1 year ago.
1. Are the 2 forms to be submitted simultaneously or sequentially to the County Court?
Yes one to issue the claim and one for an injunction.
2. There are joint defendants, husband and wife. If the form asks for "Defendant" rather than "Defendants" do I assume the plural and enter both names?
Both names, yes.
3. My wife is joint owner of our property. Should I include her when the form asks for the name of the Claimant, or is this an unnecessary complication?
No need to do that.
4. I am required to enter the Court Fee. Is this a standard fixed fee that I can get by telephone from the County Court in advance?
Its £280 fixed fee
5. Are County Courts generally understanding and helpful toward people like myself who do not use a solicitor?
Yes of course.
6. I have solicitors' letters that were sent to the Defendants but there are no 3rd parties to provide sworn affidavits or sign statements. Is this a problem?
No, thats ok at this stage. You will have to do a statement together with the claim form though outlining what steps you have taken.
Does that help?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your clear answers Alex.Hylton
Customer: replied 1 year ago.
Alex, the DIstrict Judge returned my application because I used the claim form that you sent.
It was a Part 7 rather than Part 8 form. Also he required 3 copies it and of all supporting evidence etc.
I am disappointed because it has cost me a week's delay and additional work.Hylton
Expert:  Ash replied 1 year ago.
N208 us used for a non money claim is a point of law needs establishing.
Your case will involve Damagrd together with a cross undertaking on damages which is why I said N1
Does that clarify?
Alex
Customer: replied 1 year ago.
OK thanks
Customer: replied 1 year ago.
Just for your information, the County Court decided that it was a Chancery case and forwarded the file to Newcastle Court who returned it to me because the High Court required an additional £200 fee. I sent the file back to them with the required fee of £480.00 and at last things are underway.
Hylton
Expert:  Ash replied 1 year ago.
Great news.

Alex

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