hello...how kind of you to offer me a chat session so sorry I wasn't expecting such a prompt reply and missed it !
Subject to a letter of intended action I propose to issue a summons for the removal of obstructions to land retained by the head freeholder where I am currently renting from a friend. I do not want his property to be blighted for the future and I want to bring the action as he is prone to depression and has been greatly affected by this dispute.
The circumstances are that in a row of five 2 bed houses, three of the proprietors have purchased the freehold reversions, but the drive to the garages and a triangular area behind the garages, has been retained by the head freeholder (Do you call them the root freeholder?).
The area behind the garages has been used by my neighbours as an extension to their garden but it is subject to easements per the former leases. I'm sorry for my neighbour but I really do not want my friend to suffer loss and detriment to the passage of time. It is now nearly 10 years and I feel an application must be made to stop time running towards a possible claim for adverse possession by the neighbour over this contentious area. They pretended to have bought the land in 2003 when upgrading the title of their undisputed land (of which they also do not have exclusive possession either, due to another easement - total three) since an admin error by the Land Registry showed a red line enclosing the area behind the garages as part of their freehold title.
I now have a Surveyors report stating that the neighbour is encroaching and that there is no evidence of any purchase of 'the triangle' - the area behind the garages since a separate triangle is not marked out to represent a purchase. Also that all obstructions to my access should be removed.
Furthermore the neighbour through both negligence and spite over the years has caused damage to this property and to my person so I would like to make a full and detailed claim to the County Court for relief.
I would be very grateful for some pointers and also if you would read through the draft before I send it. Would that be reasonable and possible please for you to assist me with?