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Help with possible injunction against neighbour. Please!

51 replies

hooliodancer · 07/03/2016 20:09

I will try to be brief!

We bought our house in 1999. Boundary defined by fence. No mention from neighbour that fence is in the wrong place.

New neighbour in October comes along and says fence is in wrong place, we have 7 inches width of land he says is his according to land registry plans.

We say the law says our land is defined by the boundary feature and that land registry plans cannot be relied upon to define boundaries.

On Saturday we got a solicitors letter saying he is going to take down the fence and dig foundations in our garden( the 7 inch strip) for an extension he is building, and saying he will remove our property from the strip (plants and trees). He gave us 7 days notice from the date the letter was written. So he intends to do this on Friday.

We are sorting out using our legal cover as part of our house insurance, but this takes time. We have been using the helpline, but have no had to apply to use a solicitor.

My understanding is that he can't just claim this land like this, and I am clear on the law about it etc. From what I have been told and have read the law is on our side.

The legal helpline of our insurance company say "he can't do that".

But how do we stop him?

I am willing to pay for an injunction. But he would say he isn't trespassing as it's his land. So would an injunction work?

He is intending to rip out beautiful roses which have been there for 16 years. I just want to stop him doing this. It's just not fair, I love my garden so much. The stress has been awful. Our garden is tiny, so this amount of land makes a big difference.

Thanks for any help.

OP posts:
gingeroots · 22/04/2016 12:47

Replying in haste to say OM G ,you poor thing .

There's a lot in your post I don't understand /will have to google and think about

He did not get a line of junction notice as he realised there is nothing that can be done if he disn't do the party wall act

the compensation is only £205 - what compensation ?

so I don't feel I can be very helpful .

I haven't found the gardeninglaw site very helpful ,but a kind MNetter has recently intorduced me to Motely Fool boards.fool.co.uk/legal-issues-practical-51110.aspx which I found helpful over will/probate queries and I'm now recommending to everyone .

I'm not sure how they are on the dreaded boundary disputes ( I have one myself ) but I'm sure they'd help over small claims procedure etc .

It does sound so awful ,I do sympathise Flowers and hugs for you .

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