successful in gaining injunction against neighbour

successful in gaining injunction against neighbour

Postby gazelle » Sat Jan 02, 2010 2:04 pm

Happy New Year everyone,

As I have gained a lot of information from this forum over the past year, I will share our success in gaining an injunction against a neighbour, who obstructed our ROW through a shared alley, which is the only access to our back garden.

After 2 years of trying ourselves via letters to make neighbours adhere to their title deeds, which clearly stated our ROW, we attempted mediation via the council, an offer our neighbour ignored completely.
I then rang the courts, explained my problem and they sent out the appropriate forms and guidelines. The forms can be found online and completed to print. (application for injunction, affadavits, claim form)
We completed the forms, booked a fixed fee interview with a litigation solicitor and brought all our ‘evidence’ to him. He was very helpful and helped us correct the forms where needed, explained the procedure etc. for £25.

added as I forgot in first post *before going to court I had to send a letter notifying neighbours of this, i.e. asking them one last time to remove their things and write a letter to me stating they in the future would leave our ROW clear. The solicitor advised to give them 7 days notice and after that time take the case to court. The letter was sent recorded delivery in order to be able to prove that delivery has taken place.

We then went to the courts and handed in the completed forms along with our evidence of photos, diary notes, title deeds, letter from mediation services. We got the stamps and paid the fee (£150 for injunction application and £30 for the claim form). We received the notice of the court hearing when the date was set by the county court and had to serve it personally to our neighbours along with copies of the 'evidence'. We also completed a form of service N215 in order to prove to the judge that the defendant is aware of the date. This form we delivered to the court to go with our filed case.

Our neighbours did not show in court, the judge granted an injunction order against them and also ordered them to pay our court fees. This court order was sent to us by the court and again had to be served personally to the neighbours.

This whole process from handing in papers to the court took little more than 2 month, and I am pleased to say I was positively surprised over the speediness it was dealt with. Now we can finally access our garden without having to clear an obstacle course.

I hope others will be encouraged to pursue matters with the courts if there is no other solution instead of accepting neighbours sometimes rather selfish and stubborn behaviour.
Last edited by gazelle on Mon Jan 04, 2010 3:37 pm, edited 1 time in total.
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Weel done, gazelle!

Postby Sudynim » Sat Jan 02, 2010 3:34 pm

Useful & positive advice for the New Year!
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Postby Klingon » Sat Jan 02, 2010 3:56 pm

That really is very useful information and a template for what we would like to see from everyone, really, either good or bad outcome. This site is all about learning through experience, and it's great to see the law - and common sense - has prevailed in your case.

Thanks very much, and HNY to you!

J.
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Postby andrew54 » Sun Jan 03, 2010 10:51 am

So did the neighbour remove the obstruction promptly?
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Postby gazelle » Sun Jan 03, 2010 2:20 pm

Yes the neighbour removed the obstructions, but we have not received payment yet........ will deal with that in 2 month time as there are remedies such as the bailiffs. The fee from such will be on top of the already court ordered payment, but of course only if the defendant has anything of value. And if it comes to that I need to make applications again, but will cross that bridge, when or if we get there
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Postby zaax » Sun Jan 03, 2010 9:29 pm

As they have have property (and that can be sold off) youmight be able to sell the debit to a bailiff for a good, if not the full price
I know nothing about the law.
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Postby RuthKBond » Wed Oct 27, 2010 8:28 am

Hi Gazelle

Would you be angel and supply the form No.s you used. I followed the info from another topic and managed to indicate I needed an intrim injunction by accident (ooops) by using the wrong form or claiming the wrong amount of money or something.

I got them so confused the judge did not know how to allocate the case!
He was very nice, but I had to pay the NFH's costs for being at a hearing that should not have happened and I have to start again.

I want the NFH to knock down a wall that obstructs my right of way across his forecourt onto mine.
Regards
Ruth
"All men are equal, but some are more equal than others"
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Re: successful in gaining injunction against neighbour

Postby gazelle » Sun Nov 07, 2010 10:29 pm

Ruth,

the forms we used were N16A application for injunction, N288 general form of affidavit, N208 claim form and N215 certificate of service. I shall point out that I did ring the county court and explained our situation and what we wanted to accomplish, then they sent the forms to us to complete. We then went to a litigation solicitor (fixed fee interview) with the forms completed to the best of our ability and he helped us getting them completed correctly.

Hope this is of help but don't forget you might need other forms if your situation is different and I am surprised they did not help you at the county court.

Good luck with it

gazelle
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Re: successful in gaining injunction against neighbour

Postby Lady1 » Fri Mar 17, 2017 11:08 am

gazelle wrote:Happy New Year everyone,

As I have gained a lot of information from this forum over the past year, I will share our success in gaining an injunction against a neighbour, who obstructed our ROW through a shared alley, which is the only access to our back garden.

After 2 years of trying ourselves via letters to make neighbours adhere to their title deeds, which clearly stated our ROW, we attempted mediation via the council, an offer our neighbour ignored completely.
I then rang the courts, explained my problem and they sent out the appropriate forms and guidelines. The forms can be found online and completed to print. (application for injunction, affadavits, claim form)
We completed the forms, booked a fixed fee interview with a litigation solicitor and brought all our ‘evidence’ to him. He was very helpful and helped us correct the forms where needed, explained the procedure etc. for £25.

added as I forgot in first post *before going to court I had to send a letter notifying neighbours of this, i.e. asking them one last time to remove their things and write a letter to me stating they in the future would leave our ROW clear. The solicitor advised to give them 7 days notice and after that time take the case to court. The letter was sent recorded delivery in order to be able to prove that delivery has taken place.

We then went to the courts and handed in the completed forms along with our evidence of photos, diary notes, title deeds, letter from mediation services. We got the stamps and paid the fee (£150 for injunction application and £30 for the claim form). We received the notice of the court hearing when the date was set by the county court and had to serve it personally to our neighbours along with copies of the 'evidence'. We also completed a form of service N215 in order to prove to the judge that the defendant is aware of the date. This form we delivered to the court to go with our filed case.

Our neighbours did not show in court, the judge granted an injunction order against them and also ordered them to pay our court fees. This court order was sent to us by the court and again had to be served personally to the neighbours.

This whole process from handing in papers to the court took little more than 2 month, and I am pleased to say I was positively surprised over the speediness it was dealt with. Now we can finally access

our garden without having to clear an obstacle course.

I hope others will be encouraged to pursue matters with the courts if there is no other solution instead of accepting neighbours sometimes rather selfish and stubborn behaviour.


Hi Gazelle

Are you still a member of this forum as would really like a chat regarding right of ways and applying to the court regarding our neighbour fencing off our right of way........
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Re: successful in gaining injunction against neighbour

Postby jonahinoz » Wed Mar 22, 2017 9:28 am

Hi,

Were the neighbours made aware that they would be liable for your costs, before you incurred them?

General question, academic ... if I do not turn up in court, should I assume that I will lose?

Are bailiffs always as well mannered as they appear to be on the TV program "The Sheriffs are coming" ?

John W
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Re: successful in gaining injunction against neighbour

Postby Dentho » Wed Apr 19, 2017 8:20 pm

Many thanks for this info....am in the same situation...so nice for someone to come back and say how things worked and progressed
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Re: successful in gaining injunction against neighbour

Postby beardsince1978 » Fri Sep 22, 2017 5:57 pm

How does one find a litigation solicitor who works for a fixed fee of £25? Or whatever it is these days given inflation, £50 it should I guess be given it was 8yrs this was posted.
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