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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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Our neighbours have a deed of easement to park 2 cars on our

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Our neighbours have a deed of easement to park 2 cars on our driveway and a right of access over the driveway to access their house. This was the result of one property being split and the property we own retaining ownership of the entire driveway up to their property. They have four cars and have parked 2 in their garden-which is accessed over our driveway-and have 2 cars parked on the drive but have taken to parking them in such a way that they occupy the space of four cars and have affected our ability to manoeuvre our vehicles. The constant movement of their cars is also affecting the surface of the drive and has caused damage, How should we proceed? Thank you
JA: Where are you? It matters because laws vary by location.
Customer: Maidenhead, Berkshire
JA: What steps have you taken so far?
Customer: They are agre They are agressive people and have harrassed and intimidated us so we have had a brief meeting with a solicitor
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We are concerned that they will ignore any letter sent staing our rights and are at our wits end

Hi, this is Jim, thank you very much for the question - I will do my best to resolve this for you today.

Given the damage, your legal remedy would be to apply to the local county court for a civil injunction. You can also sue for the cost of the repairs and can do this at the following website : http://www.moneyclaim.gov.uk

However, before you apply for an injunction, send the neighbour a cease and desist letter to warn them of your intentions unless they stop their conduct (and give them 7 days to stop their conduct, and to confirm in wiring that they will comply, and also pay damages for the repairs). A template “cease and desist” letter is available at https://www.lawdepot.co.uk/

If you go to the search box in the top right corner of the site, it will bring up a list - you want the "general" letter.

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. I realise what you say about the letter not having any effect - the court would nevertheless expect you to send one given an injunction is a last resort and the letter will put the neighbours on notice of your intentions, meaning if your application succeeds then you can recover the costs.

Assuming they continue/ignore you, you will need to complete the application for the injunction 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 check your eligibility here: http://www.gov.uk/get-help-with-court-fees. 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.

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 and what they have done to you 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 Section 1 of the Protection from Harassment Act 1997. Harassment is defined as “unwanted conduct designed to cause the victim alarm or distress”.

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.

The cease and desist letter may work so you may not need to apply but if you then I recommend you go to the 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 do need to take that step and apply for the injunction, please come back here as I have the forms required.

I hope this helps - please feel free to ask me anything else.

Have a good day,
Jim

Customer: replied 7 days ago.
Hi Jim, thank you so much for this excellent and detailed response. I am going to share it with my husband, but this course of action seems to be exactly what we are looking for. I will get back to you should we require further information.
Have a good day too,
Very best wishes,
Caroline

No problem at all, glad it helps and yes, please do come back if you need any further help with this.
Have a good day.
Jim

JimLawyer and other Law Specialists are ready to help you
Customer: replied 6 days ago.
Hi Jim,
We will be getting back to you but my husband is flat out at work and didn’t get home til 11pm last night. We are very happy with your advice so far.
Very best wishes, Caroline

Thanks very much, glad to hear. Have a good day.

Jim