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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14780
Experience:  Senior Associate Solicitor
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My neighbours, are bullying me, it's bee going on for over a

Customer Question

My neighbours, are bullying me, it's bee going on for over a year. It is now affecting my health and disability. They are virbaly bullying me and moving my property
JA: Where are your neighbors? It matters because laws vary by location.
Customer: Next door
JA: What steps have your neighbors taken so far?
Customer: With regards???
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 only have right of way over my drive way, but they keep moving my property
Submitted: 13 days ago.
Category: Law
Expert:  JimLawyer replied 13 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 13 days ago.

It seems the neighbours are harassing you, which means you could apply to the local county court for a civil injunction.

This is a court order to prohibit further harassment which if broken, means they face contempt of court and a likely prison term.

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 14 days to stop their conduct to allow them to seek legal advice). A template “cease and desist” letter is available at LawDepot

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 14 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. The judge will want to see that you have sent the cease and desist letter given an injunction is a last resort.

Assuming they continue, you will need to complete the application for the injunction and send to your county court.

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”. There needs to be more than one incidence of the harassing behaviour but based on your question it seems that to be the case so you would be fine with applying in my view.

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 stop their conduct with immediate effect. 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 ask one of the following law firms to step in - 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.luptonfawcett.com/commercial-disputes-litigation/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 13 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 13 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

Customer: replied 13 days ago.
No it didn't help
Expert:  JimLawyer replied 13 days ago.

Sorry to hear, if you can please let me know how else I can help to cover the harassment issue.
Thanks

Expert:  JimLawyer replied 13 days ago.

If you need them customer services can be contacted either by email (*****@******.***) or here: https://www.justanswer.co.uk/help/contact-us

Customer: replied 13 days ago.
I am at this time able to pay £44 I need to buy food
Expert:  JimLawyer replied 13 days ago.

Thanks, ***** ***** have seen the automated call option - I cannot take a call so please let me know if you would like me to elaborate or clarify the written answer.

Customer: replied 11 days ago.

I really need someone to look at my deeds registration, to verify that the land is mine, I have been advised that this needs to be done before anything else.

Kind regards

Dawn