UK Law questions - Court application form N208 CPR part 8The above form was obtained from a County Court. I am in a boundary dispute, as my neighbour accuses me of encroachment. I have RICS court approved surveyor, he says the neighbour is totally wrong. It has been like this for 2 years, he does not want to take it to court, but I do. I cannot sell my house. Is the form above the correct one, and can I take him to court on this dispute, for the court to make a decision on ownership. Do I fill in the form as a claimant ?. If not is there another form for a boundary dispute ?RegardsJC
Country relating to Question: United Kingdom
Negotiation-Failed ; Surveyors meet up on non prejudicial basis failed ; Requested meeting with solicitor and our surveyor but got no answer ; letters written to solicitor are never answered.
What is in dispute?
It is a boundary dispute regarding space under the eavesdrop of a double garage that is on my land. The garage is owned by neighbour, but the space under the eavesdrop is mine, like it is for all other properties on this estate. Our surveyor investigated and he states that the neighbour claim is not valid. The neighbour has distributed letters to several estate agents infroming them not to put my property up for sale as he is in dispute and is litigating. He is not as we checked with the courts and his solicitor. He does not wish to take this to court, but I do. So is the form the correct one, N208 CPR part 8, and more importantly, can I take him to court to solve the problem, that is, get a judge to make a decision as to who owns the air space under the eavesdrop, and put an end to this fiasco.
Clearly, the neighbour has an issue with you, but you shooting himself in the foot by advertising the dispute because he's making sure that somebody that he doesn't get on with continues to live next door with him.
If the eaves of a building go over the boundary line, if there is no easement, then it is trespass.
You can do several things, you can send him a letter telling him to cease and desist from taking his current action or you will seek an injunction to stop him telling people that there is a dispute and he is litigating unless he issues proceedings. You can threaten applying to the court for costs.
And/or you can make a part eight application for a determination, by the judge, as to ownership of the area in question. Remember that it could go in your favour or against your favour.
You must warn the neighbour that you are doing this. If it goes to court and he loses, he will not only have to pay his own costs but also your costs. If you don't warn him and you simply issue proceedings, there is a chance that even if you win, you will not get your legal costs back.
You may even be told to pay his.
I think you are claiming that the garage wall is the boundary and that the eaves/gutter extend into your space.
You mention that you want to find out who owns the space under the eaves. With respect, that is a nonsense. Whoever owns the land owns all the space above it up to the sky. It is a common legal concept. If the eaves extend into that (your) space that is a trespass. If he owns the airspace under the eaves then he owns the airspace over the eaves and he owns the land under the airspace.
In order to make the application to court you are going to need a lot of expert evidence I would be prepared to risk probably £10,000 in court and legal costs. The neighbour risks the same. I would check your house insurance policies to see if you have legal expenses cover to pay for the legal costs.
If you do this yourself but he has solicitors, you cannot claim your own costs (only expenses) but if he wins he can get his legal costs back from you. Can I help further?
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The thread remains open.
PS it is more likely to be trespass than encroachment
Thank you for the reply - it is extensive, and very informative, but to be sure, the boundary line goes up to the garage wall. Now in the Transfer of Part, for my property there is a clause that states the following :
"Rights of overhang and eavesdrop in respect of gutters and downpipes
over or on adjoining land included in (name of road of construction)"
His Transfer of part is EXACTLY THE SAME as mine as all houses on this estate have the same transfer of part, except for the name of the owner of the property on that transfer of part documentation.
So I read it as in his documentation His gutter has a right of trespass over my property. He also has right of access on my property (which I have no problem with) for maintenance purposes, of his garage roof, guttering, downpipes and garage wall if need be.
Does this fit in with your idea/description of an easement. Am I correct in what I understand.
based on the facts you have given me and what you have written above you are absolutely correct. Clearly, the next-door neighbour is a complete and utter idiot with not a jot of common sense or even the remotest understanding of land law
You're going to court to determine something which a first-year law student would be able to ascertain.
Clearly, the man is being an unreasonable nob head. However, you do not need me to tell you that. Hopefully, he will see his solicitor and his solicitor will tell him that he is risking thousands of pounds of costs if he does not stop his current course of action and agree that you own the land and he simply has the right to his eaves to poke over your land.
This is the kind of client is a solicitor gets fed up with! As I said, you have two options and you can use one or the other or both. You need him to shut up and withdraw his allegations and/or go to court and get the court to tell him that he is wrong.
Of all the questions I have had on here (and I am the longest standing UK law expert) never, has an answer, been more clear cut. Of course I can only answer based upon the fact that you give me an very mind that I not seen his title or your title.
The thread remains open. Thanks
PGD Law. 20 years legal profession, 6 as partner in High Street practice
Thank you for your excellent service, it has put mind at rest.
No worries. From the facts you give, it is quite clear. He really does need to go and see a solicitor who will explain to him what I explained to you.
Of course, I can only answer on the fact is you give but, from those facts the answer is clear.
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