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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 2998
Experience:  Dual qualified Solicitor and Attorney
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My neighbour is claiming an easement over our property to be

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My neighbour is claiming an easement over our property to be able to repair a wall that separates our properties. This because I have told him he needs ask permission to come onto our property first.I am not trying to stop him but just need some courtesy. He says that before we brought the property he had access. We can prove he did not and any access he gained was by climbing over locked gates and fences What can I do..
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: It is with the land registry and at the negotiation stage.
JA: Have you talked to a lawyer about this?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

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

The best way forwards would be to apply to the local county court for a civil injunction. This assumes your neighbour is trespassing on your property and you can prove he has no easement or right of access.

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 has done and what you are asking for in your application 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. 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.

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.

The other option is to instruct a law firm to write to your neighbour (this may have more of an effect then writing to them yourself).

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

Customer: replied 13 days ago.
Very sorry but the question has not been answered. The person in question is seeking a legal easement over the property by claiming he had continued access before we purchased the property. He thinks that it will allow him to come onto our property without consulting us first. He has filed an application with the Land registry. We are trying to negotiate but are getting nowhere. What do we d next.

Thanks, after further review this is now outside my area of expertise. I will therefore opt out to let another expert assist you with your question going forwards. Please do not reply to this message as the question will stay with me and there will be a delay with the reallocation.

Many thanks.

You should have received a letter from the Land Registry notifying you of the proposed change to the register.
You need to write a letter explaining why you object to the application, for example if you think the rights no longer exist or would cause you problems accessing your property.

You can get a conveyancer or solicitor to help prepare your letter.

Send your letter to the HM Land Registry office named in your notice before the time limit given.

HM Land Registry will provide copies of everything they receive to both sides involved in the dispute. You shouldn’t send confidential letters or documents to support your case.

If HM Land Registry decides your objection could be argued in court you’ll be given time to come to an agreement with the applicant, for example to get them to change or withdraw the application.

You must keep HM Land Registry updated on your progress if you choose to negotiate - they’ll contact you at regular intervals.

You can get advice from HM Land Registry but they can’t give you their opinion or make a decision on the case.
If you can’t reach agreement, HM Land Registry will refer the case to a tribunal if you can’t agree in a reasonable time or don’t want to negotiate.

The tribunal may:

make a decision without further information
ask for your comments in writing
hold a hearing - you may have to attend
tell you or the applicant to go to court
Once a decision’s been reached the tribunal or the court will order HM Land Registry to accept or reject the application. You’ll be told the result.
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 2998
Experience: Dual qualified Solicitor and Attorney
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