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JimLawyer
JimLawyer, Solicitor
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We share a pathway going up to the front of our houses with

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we share a pathway going up to the front of our houses with a neighbour, stated as for access for both houses in the Deeds. We each have private land at the front in addition for parking etc. Our neighbours continually block or partially block the pathway, making access in and out very difficult especially with a wheel chair. they and the visitors refuse to move their vehicles when asked to do so and I am often imprisoned in my home all day. in addition attempts to get them to stop doing this lead to verbal abuse and physical intimidation. Do we have legal recourse?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have begun to list occasions when it occurs. We actually have a letter from them when they claimed they do not do this but we do and that they always get visitors to park on the gravelled area. I have photos showing that this is not the case. Today, when we asked them to get their window fitters to move further on to the gravel area so i could access the area with my wheel chair, even though they would still be partially on it they refused. Lynne, one of the owners said it was her private property and she did not have to get them to do this. I pointed out the pathway was not her private property and she should not be using this instead. She cannot see this.
Customer: We have begun to list occasions when it occurs. We actually have a letter from them when they claimed they do not do this but we do and that they always get visitors to park on the gravelled area. I have photos showing that this is not the case. Today, when we asked them to get their window fitters to move further on to the gravel area so i could access the area with my wheel chair, even though they would still be partially on it they refused. Lynne, one of the owners said it was her private property and she did not have to get them to do this. I pointed out the pathway was not her private property and she should not be using this instead. She cannot see this.
JA: Where is the house located?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Both houses are located in a private area with several others off he main road. Other houses share access but they remain unblocked virtually all the time. It is only our neighbours who monopolise our shared area in this way.

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

You have a right of access so anyone who causes problems would be causing a statutory nuisance. You can therefore apply to the local county court for an injunction to stop this conduct.

However, before you do this, 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.co.uk. You can use your own letter if you wish - it just has to make it clear this is a cease and desist letter, that you demand they stop their conduct, and that if they do not within 7 days you will apply to the court for the injunction and seek your costs.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy.

Assuming they continue, you will need to complete the attached N208 claim form (to start proceedings) and the application for an injunction N16a form 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 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 the court for a costs order to be paid by the neighbour.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction. The application would be made under the tort of nuisance.

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.

If you want to draft the application then I can check it before you send it. The cease and desist letter may work so you may not need to apply but if you do, come back here and I will gladly check it for you.

I recommend you go to the local county court in person with the forms to ensure they are correct - they are fairly complex so it would save time by you doing this - the court staff should check them before they issue the papers. If you give me your location I can find the court details for you.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of 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.

Many thanks,

Jim


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Customer: replied 9 days ago.
Can you please check this letter and confirm our wording and language is correct?

Gillian Skevington and Eric Atwell
9 Grove Road
Leeds, ENG, LS15 0LQ

10 October 2019

Lyn and John Carr
11 Grove Road
Leeds, ENG, LS15 0LQ

Re: Cease and desist demand

Dear Lyn and John Carr:

Cease and desist from fully or partially obstructing the pathway shared by 9 Grove Road and 11 Grove Road making access to 9 Grove Road garage and front door difficult and preventing wheelchair access. For example when tree surgeons attended at 11 Grove Road on Friday 13th September 2019, and when window fitters attended 11 Grove Road on Monday 16th September 2019 and again on Thursday 10th October 2019. The obstruction of the shared path is preventing the three disabled members of our household from freely leaving and entering 9 Grove Road and also preventing support and emergency services from access.

This will serve as your legal notice to cease and desist all further actions described above.

You are hereby instructed to comply with this letter immediately or face legal sanctions under applicable law. I intend to keep a log of any contacts you make with me after you receive this letter.
Please give this very important matter the utmost attention.

Sincerely,



Gillian Skevington and Eric Atwell

That is a good letter - I would add this on to the final paragraph:

You are hereby instructed to comply with this letter immediately or face legal sanctions under applicable law, including a civil injunction.

Should legal action be necessary I reserve the right to produce a copy of this letter to the court upon the issue of costs.