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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I am having problems with a neighbour and my right of way

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I am having problems with a neighbour and my right of way being blocked to visitors and deliveries for my home based wedding florists. They have been nasty and aggressive and I’ve had to go elsewhere to work but the nastiness continues ... I know I could go to small claims and get money and injunction but can they do this before I waste even more money?
JA: Where are you? It matters because laws vary by location.
Customer: Uk, Notts
JA: What steps have you taken so far?
Customer: I applied for planning to try to stop their bullying ways to customers ... they instructed solicitors and that have stood firm. Police have been involved but they keep saying it’s civil ..
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

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

Sorry to hear of the issue. A small claim is not the correct venue as that's for damages whereas an injunction is for a different remedy.

You will need to apply to the local county court for a civil injunction.

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 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.

Assuming they continue, 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. If you prefer a law firm to do the letter (and apply for the injunction if the letter has no effect) then try any of these firms :

  1. https://www.kingsleynapley.co.uk/services/department/dispute-resolution/injunctions

  2. https://www.gannons.co.uk/commercial-litigation/injunctions/

  3. https://www.ibblaw.co.uk/service/commercial-dispute-resolution/applying-injunction

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim

Customer: replied 11 days ago.
They have ordered me in writing to not have any visitors due to my business and I have lost money due to having to relocate due to their behaviours as they are constantly threatening court action as well as bad behaviour. If I have a full and free right of way at all times by car and on foot for us and all visitors ... would I have a money claim for lost income as well as having to seek an injunction? They claim I am running a retail business which is in breach of covenant for average of 3 consults a week and 1.75 deliveries a week .... as it says any retail business ! They are the only person that sees this as retail ...

Hi, sorry to hear. If you have lost business then you can sue in a money claim, yes. An injunction would be separate to that. The injunction assumes damages are not the appropriate remedy so it's aim is to stop the harassment. But you can also issue a claim for your lost income too, via the money claim online site - http://www.moneyclaim.gov.uk

Customer: replied 11 days ago.
Thank you .... just to clarify this would then answer the question if they have wrongfully denied my right of way or if I am in Breach of covenant to put an end to it once and for all?

I do not see you are in breach of a covenant, if the clauses in the deeds say you have a right of way. If they think you are, they can apply to the First Tier (Property) Tribunal for a declaration, which costs £100 for an application. It doesn't sound like a retail situation. A lot of people run businesses from home. It sounds like they are harassing you but that can be stopped with an injunction. And if the interfere with your business you could also sue for lost earnings.

JimLawyer and 5 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Thank you so much 👍🏻