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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 14783
Experience:  Senior Associate Solicitor
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I have a neighbour who has built on my garden despite

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I have a neighbour who has built on my garden despite informing him to leave he has not done so.
JA: Where are you? It matters because laws vary by location.
Customer: What action can I take
JA: What steps have you taken so far?
Customer: Asked him to leave many times including showing him a copy of his deeds which does not include the area he has taken.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I can bring to mind at the moment.

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.

The neighbour has trespassed on to your land if your deeds show the area to belong to you.

So unless the neighbour removes whatever it is he has put on to your land / over the boundary, you may 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 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.

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 trespass, which is a civil tort and the court would recognise this - it means you should succeed in obtaining an injunction against the neighbour as they have "wronged you" given the trespass.

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

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

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 14 days ago.
My neighbour has also constructed a wall on my land with railings.
This has been going on for more than six years.
Eddie

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