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    • Tom Woods
    • By Tom Woods 29th Aug 17, 9:23 PM
    • 21Posts
    • 10Thanks
    Tom Woods
    Boundary Dispute County Court Legal advice , Represent myself?
    • #1
    • 29th Aug 17, 9:23 PM
    Boundary Dispute County Court Legal advice , Represent myself? 29th Aug 17 at 9:23 PM
    Hi all,

    This is a bit long winded i started a thread a few months back asking for advice about a dispute with a neighbour over a boundary dispute ive been having (See my other post wont allow me to share the link)

    Since making the post i have been to see a solicitor who advised the term of vehicular access is too vague so i dropped this. However both the original gate from the first picture and the new railing which was erected was still suspected to be trespassing (If removed i could fit my car down without crossing their land)

    So my solicitor advised I sent a letter advising they had 28 days to remove both said gates which are supposed trespassing otherwise "legal proceedings" would be issued They ignored the letter until the 26th day writing back missing the point completely with lots of irrelevant information into why they were not going to move the structures (The consulation and letter with soliicitor cost £360)

    The next step was to get a surveyor out to measure the boundary who has confirmed with a cad drawing and marking on the floor that both gates are majorly trespassing. The surveyor advised that if this went to court i would pass with flying colours (I understand he is not a legal advisor before anybody points this out)

    Ive had a word with my solicitor and he has advised that the next step would be to issue legal proceedings and take the case to court (I would be looking at 6-8k for the solicitor to do this for me) He has advised also there is a chance i wouldnt recover all the costs from the other side (If any)

    Now ive been having a bit of a think and thought if the evidence is so clear how can I lose ? I can take the fact that i may not get my initial fees back but the thought of 6-8k scares me a little...

    My questions would be :
    Am i crazy even considering this ?
    Is it difficult to start the process on my own (Costs etc) ?
    If anybody can suggest another way in which I can remove the trespassing items off my land im all ears as it appears the only way would be to get a court injunction?

    This has been an on-going situation which has caused misery and upset for the last 18 months and its way passed going and speaking with the neighbour as they're not ones to reason with.

    Really appriciate any input at all. Thanks again!
Page 4
    • Tom Woods
    • By Tom Woods 2nd Sep 17, 4:17 PM
    • 21 Posts
    • 10 Thanks
    Tom Woods
    Hi - Nothing to apologise for, the legal process is fairly complicated and it is difficult for a litigant in person to know what the correct form is.

    N244 is not the form to start of legal proceedings. N244 forms are typically used in the middle of legal proceedings to ask for a court order which needs to be made before the trial. It is most commonly used where there is a procedural problem which needs to be dealt with before trial: for example if you need to apply to change the hearing date, or you need an order that the Defendant discloses a particular piece of evidence they are refusing to hand over.

    N244 forms also be used to apply for what is called an 'interim order' (e.g. an application for summary judgment without trial, or an application for an urgent temporary injunction) - but none of these are appropriate in your case.

    You will need to complete a claim form and serve that on the defendant. This is how you actually start the litigation. You will also need to complete a particulars of claim and serve that on the defendant. The particulars of claim must concisely outline what your claim is and what you are asking the court to do. It usually makes sense to deal with the claim form and the particulars of claim at the same time.

    I would suggest that you seek your solicitor's advice/help to complete your particulars of claim.

    If you want to keep costs down, a good option might be to go directly to a barrister under the 'direct access'. This will usually be much cheaper than going through a solicitor.

    A barrister will not take general conduct of the litigation in the way that a solicitor would. For example a barrister will not usually deal with general letters, arguing about hearing dates, managing the exchange of evidence process and so on.

    However the barrister will be able to deal with discrete tasks. The key tasks which the barrister can do but you will struggle with as a litigant in person will be writing your particulars of claim, writing your witness statement (n.b. witness statements come later in the court process - not now) and representing you at the court hearing.

    As advised in my earlier post, as this is not a simple money claim for less than £10k, you will probably find that it does not get allocated to the small claims track. The significance of not being in the small claims track is that (1) you will be ordered to pay the defendant's legal costs if you lose the case, which could easily be several thousand pounds and (2) you will be given less lee-way by the judge to make procedural errors.

    Also, if you haven't served a formal 'letter before action' offering the defendant a final chance to settle, you should do that at least 14 days before issuing legal proceedings.
    Originally posted by steampowered
    Thank-you for your in-depth reply really appreciate it.

    My solicitor is going to send them a final letter with the results of the surveyor and a final chance to settle the matter.

    Ive also asked my solicitor for the costs of the initial issuing of the legal proceedings etc ive been having a read around online and im really struggling to find any information.

    When starting a claim i can only see the option for small claims court and as you have advised this would most likely will not be allocated on the small claims track . Should i persue this first and then it would be moved up as accordingly ?
    • Tom Woods
    • By Tom Woods 2nd Sep 17, 4:19 PM
    • 21 Posts
    • 10 Thanks
    Tom Woods
    Yes, I really want to let the OP know how awful and stressful it can be. I too am on antidepressants because of my neighbour. It is unbelievable what he put us through. In the end he told us he had done it to punish us for objecting to his extension plans.

    I am just desperate to get away now. This house was my haven, I loved it and my beautiful garden until he arrived. We were planning an extension ourselves, which would have had no impact on his house at all (the layout means he wouldn't even have been able to see it!) But he said he would do everything in his power to stop us having it. There is no point even trying to fight some people.

    If you go to the small claims this can escalate to a county court full blown boundary dispute. A small claims court won't be able to find in the position of a boundary.

    So if this escalates you could end up spending a lot more and to reiterate- EVEN IF YOU WIN THERE IS NO GUARANTEE YOU WILL BE AWARDED COSTS.
    Originally posted by loveka
    Boundary disputes are nasty and you're correct it does end up being a form of blackmail.

    I don't think the OP truly understands the stress it will cause.
    You and I have been through it and I know I didn't realise the impact it would have on my life.
    I ended up on anti-depressants and contemplated suicide - yes ridiculous I know that now but when you are living through it it takes it toll.

    We tried mediation, we tried everything but he just wanted more and more land.

    We moved a year ago and we have lovely neighbours now. It wasn't until we moved to the new place that I realised that, even years after the dispute, that the cloud still hung over me. The day after we had moved it was like a weight had been lifted.

    Don't mean to sound dramatic but OP you need to know what you are letting yourself in for.
    If there is ANY way you can resolve this amicably then grab it.
    Sadly from your posts, I fear you have the same type of unreasonable tw*nt of a neighbour that Loveka and I had.

    I wish you much luck and strength.
    Originally posted by Clutterfree
    We have been living with this the last 12-18 months its been a struggle and this is why we are pushing on to get the matter resolved as soon as possible. The amicable stage has passed before we were both physically assaulted by our neighbor.
    • steampowered
    • By steampowered 2nd Sep 17, 4:42 PM
    • 1,688 Posts
    • 1,614 Thanks
    steampowered
    Thank-you for your in-depth reply really appreciate it.

    My solicitor is going to send them a final letter with the results of the surveyor and a final chance to settle the matter.

    Ive also asked my solicitor for the costs of the initial issuing of the legal proceedings etc ive been having a read around online and im really struggling to find any information.

    When starting a claim i can only see the option for small claims court and as you have advised this would most likely will not be allocated on the small claims track . Should i persue this first and then it would be moved up as accordingly ?
    Originally posted by Tom Woods
    The online service (moneyclaimonline) can only be used if you are seeking a fixed sum of money. It can't be used to seek a declaration as to ownership of property or an injunction requiring him to move the fence.

    I suspect you will need to complete form N1 in paper. It is a good idea to get professional advice on completing this.
    • Tom Woods
    • By Tom Woods 6th Sep 17, 7:17 PM
    • 21 Posts
    • 10 Thanks
    Tom Woods
    Bit of an update my solicitor sent them a letter with the evidence giving them 14 days to move and advising any further reference will be ignored unless its in relation to a timescale of the trespassing items being removed (obviously worded a little better)

    Hes also offered me a Fixed fee for filling out the claim form (£300 +Vat) as he says this is very important and from that point forward i would be representing myself..
    Last edited by Tom Woods; 06-09-2017 at 7:24 PM.
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