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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 4898
Experience:  Senior Associate Solicitor
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I have an issue with a shared drive. I have asked my

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Hi, I have an issue with a shared drive. I have asked my neighbour to remove a car he has had there for a few years now. I no longer value any neighbourly relationship and am willing to take legal action. What are my options?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No action as such, just spoke with him
JA: Where is the property located?
Customer: Essex Both private owned
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, that is it really

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

Assuming your neighbour will not talk to you then the next step would either be a letter from a solicitor or a cease and desist letter from you (as a prelude to applying for an injunction to the local county court). A strongly-worded letter from a lawyer would be a good idea and shouldn't cost too much. You can check your local area for law firms who deal with property disputes and ask if they could help with one letter to the neighbour. The other option is to send the neighbour a warning letter (to give them a chance to avoid litigation).

Before applying for an injunction then you or your solicitor needs to send the neighbour a cease and desist letter to warn them of your intentions unless they stop (and give them 7 days to stop their conduct). A template “cease and desist” letter is available at www.lawdepot.com

Assuming they continue, you will need to complete the attached claim form N208 and N16a and send to your county court with a fee of £308 payable to HMCTS (unless you have a low income/low savings and/or you are in receipt of benefits in which case you can get a fee exemption so you do not have to pay). For a fee exemption you need to also send to the court form EX160 (also attached). If you do not qualify for the fee exemption, you can pay either by cheque or attend the court and pay at the counter. You will need to prepare a witness statement to accompany the form. A template is attached for you to use.

You will need to detail the history of the issues with the neighbour, what was said, the arguments, and so forth - to paint a picture for the Judge as they will not know what this neighbour is like unless you describe it.

If the injunction application is successful you can ask for repayment of the fee from the defendant.

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

If granted, the Order is then served on the individual 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.

If you want to draft the application then I can check it before you send it.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen 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

JimLawyer and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you for your very detailed and very prompt response. Sorry I did not reply straight away but I hope that a next day reply to you does in some way mitigate this. I rated your response as being 5 stars as it went over and above what I expected to see. Thank you again.RegardsGarrett

No problem, thank you and have a good day