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Category: Law
Satisfied Customers: 1816
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How much is the cost for my question? Assistant: The

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How much is the cost for my question?
Assistant: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: I live on a private estate and we erected a fence on our own land, to hide building rubbish the builder has taken the fence down. Can I get an injunction to stop him from taking it down again ?
Assistant: Where are you? It matters because laws vary by location.
Customer: Halifax West Yorkshire
Assistant: What steps have you taken so far?
Customer: We are in talks with the builders through our solicitors but they ignore our requests for mediation and just do what they want
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: They want planning permission to build on green belt land which has been declined 2 times they blame for which they blame us.
Customer: replied 27 days ago.
Are you still there?

Hello, thank you for the question.

I am a UK qualified lawyer and happy to help.

Yes, indeed, you can apply to your local county court for an order and injunction against the builders if they continue to cause problems.

You will need to complete the attached form N16A and send to your county court with a fee of £150 payable to HMCTS (unless you are in receipt of benefits in which case you can get a fee exemption so you do not have to pay). You can pay either by cheque or attend the court and pay at the counter.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction against the builders.

If granted, the Order is then served on the individuals concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and a prison term.

I hope this helps - if you can please accept the answer and give me a star rating (there should be a row of 1-5 stars at the top of your screen to allow you to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

Customer: replied 27 days ago.
Do I need to put the fence back up first or get the injunction first ?

It entirely up to you - if you put the fence back up the builders may just take it down again.

Customer: replied 27 days ago.
Getting the injunction first would probably be the best thing to do. Will I need a solicitor to come with me to court or will I be able to do it myself ?

No you can do it yourself - a lot of people do otherwise you end up paying solicitor's costs

It's a simple hearing - there would only be you and a district judge so you just turn up and ask for the injunction. You would need a witness statement with the N16a to detail the problem as the judge will need to read why the injunction is being sought.

Grateful if you would accept the answer and give me a rating for my time.

Have a good day,

Jim

Jim1079 and 2 other Law Specialists are ready to help you
Customer: replied 27 days ago.
I will do thank you