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Original poster

What are my rights - neighbour / conservatory? Please help!

13 replies

vidapur · 25/01/2023 10:13

Neighbour erected a conservatory in 2020. The verge and gutter is definitely in my garden and dripping onto my extension side. Surveyor has confirmed it. Insurance took legal action against them but they will not remove it. Insurance is running out. Can I remove it when they are out because it is damaging my extension?

OP posts:
Original poster
vidapur · 25/01/2023 10:16

If too risky then what specific request can I make at the hearing to allow self-help?

OP posts:
Collaborate · 25/01/2023 10:18

So the legal action was taken by you, funded by insurance, and has yet to end?

You need to ask for an order that the gutter be removed and an injunction that they must not drain over the boundary.

And damages for trespass.

Original poster
vidapur · 25/01/2023 10:24

You need to ask for an order that the gutter be removed and an injunction that they must not drain over the boundary.

It was granted and ignored. Is it too late to ask for damages?

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Original poster
vidapur · 25/01/2023 10:26

The neighbour has a load of excuses ready. He won't comply. He isn't scared. He doesn't care.

OP posts:
Original poster
vidapur · 25/01/2023 10:28

He has clearly stated he won't remove it, the Court is aware, would I be penalized for self-helping?

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prh47bridge · 25/01/2023 11:10

If the injunction has a penal notice, you need to start committal proceedings for contempt of court.

Original poster
vidapur · 25/01/2023 11:33

Thanks. @prh47bridge
It does. However, what's the point of going down that route. I can't afford multiple hearings. He's not scared of anything.

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Collaborate · 26/01/2023 11:36

Your posts have been quite vague.

Insurance took legal action against them but they will not remove it. - doesn't say if the proceedings have ended.

what specific request can I make at the hearing to allow self-help? - so there is a hearing coming up, which makes me think that the proceedings haven't ended.

It (the order) was granted and ignored. Is it too late to ask for damages? - so the proceedings funded by your insurance company have conclueded with the court making an order that they remove the trespassing part of the build and sort out drainage away from your side of the boundary.

what's the point of going down that route. I can't afford multiple hearings. He's not scared of anything. - so having got the order you want it, and ensured (presumably) that the order with penal notice either was personally served, or he was present in court when it was made, you are coming up with excuses why you don't want to enforce it? Why bother asking on here - why bother taking neighbour to court in the first place?

Original poster
vidapur · 26/01/2023 12:37

@collaborate I have kept it vague so it is not outing. If he had complied, it was meant to be over. He never complied so it all started up again after a year of waiting.

I want to enforce it but I don't understand how it will make him comply if he is hell bent on refusing. He has also ignored cost orders as well (another thread).

He is an abusive arse. For him, it is not about respecting boundaries and trying to resolve but building up grudges and oppressing us because he has not got his own way.

Can I ask the court to let me do the works because it is damaging my extension? Or if I did it anyway, would they really take a dim view because of his behaviour over years?

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prh47bridge · 26/01/2023 14:33

The court has a range of penalties it can apply if you take enforcement action - fines, sequestering assets, prison, etc. It can also order that the required work is carried out at his expense. If he has ignored costs orders, you should be taking action to enforce those as well. The courts will not stand by and allow people to ignore their orders.

Original poster
vidapur · 26/01/2023 15:00

prh47bridge · 26/01/2023 14:33

The court has a range of penalties it can apply if you take enforcement action - fines, sequestering assets, prison, etc. It can also order that the required work is carried out at his expense. If he has ignored costs orders, you should be taking action to enforce those as well. The courts will not stand by and allow people to ignore their orders.

Thank you. If it takes many hearings then I wont have the budget left for it. Is there legal help available once it gets to a certain stage? Is it best to enforce the one, small cost order I have or wait until I have a few?

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Collaborate · 26/01/2023 15:41

Look at para 70.2 A of this www.justice.gov.uk/courts/procedure-rules/civil/rules/part70 but in any event read the whole of it as it may all apply.

Original poster
vidapur · 26/01/2023 16:24

Collaborate · 26/01/2023 15:41

Look at para 70.2 A of this www.justice.gov.uk/courts/procedure-rules/civil/rules/part70 but in any event read the whole of it as it may all apply.

That is really useful and definitely provides hope!

However, if the agreement was for him to remove and reconstruct a part of his own property, is it realistic to ask the court for permission to remove only his materials from my property without me having to do the rest of the work for his benefit? I am 100% sure that he would suddenly have the labour and the money available to save his own structure.

I am not happy to dismantle any of my kitchen for his benefit when I know it is much easier to do the work from his own property. I realise it would be varying what was agreed.

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