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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13922
Experience:  Senior Associate Solicitor
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Neighbours garden wall render is falling into our garden

Customer Question

neighbours garden wall render is falling into our garden iwrote a letter to tell them where do we stand in law has we do not want the mess
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
JA: Where is the property located?
Customer:*****melksham wilts
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: they have not contact since we informed them
Submitted: 14 days ago.
Category: Law
Expert:  JimLawyer replied 14 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 14 days ago.

You could apply to the local county court for a civil injunction to stop this.

However, before you do this, you must send the neighbour a cease and desist letter to warn them of your intentions unless they stop the (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.

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 (i.e. their property is causing an issue which interferes with the enjoyment of your own property).

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 order will say they must ensure the render does not fall in to your property. They are very effective given the consequences of breaching the terms of the injunction.

The cease and desist letter will hopefully 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 they should be able to claim their costs from the neighbour so would be worth asking them to help you with this:

  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
Expert:  JimLawyer replied 14 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 14 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim