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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20069
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am a British citizen who lives abroad and who owns a house

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I am a British citizen who lives abroad and who owns a house in the UK. I stay in my house when I visit the UK approximately every 4/5 months. A couple of years ago, a neighbour parked a car on my property (off road parking in front of my kitchen) without receiving my prior permission and only removed the car after repeated requests from me. The same neighbour recently parked his son's car in the same place, again without my permission, and I asked him to move it. After several unpleasant conversations, the car was moved but the situation has resulted in the neighbour's now refusing to have any communication with me. The same neighbour has now parked a boat on a trailer in the same place on my property outside my kitchen. I should be grateful for your advice as to whether I have the right to arrange for the boat on the trailer to be removed and how I should do so? Thank you.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

How long has the boat been parked there?
Customer: replied 1 year ago.
Dear Law Denning, I am not sure how long the boat has been parked on my property. I would guess at one week so far.
Expert:  Stuart J replied 1 year ago.
The cheek of some people!
Can you move it to his property?
Expert:  Stuart J replied 1 year ago.

 

There is a new bit of legislation which will help you. Lots of other people are annoyed about it but it will help you. It is called the Protection of Freedoms Act which was enacted on 1 October last year.

This is the act that says that private land charges are now enforceable against the registered keeper of the vehicle. Basically if you over stay in the supermarket car park, they can charge you for parking and enforce it in the cart court.

I would write to the neighbour and tell him to remove the boat within the next 24 hours failing which you reserve the right to either take him to court for an injunction to compel him to remove the trespass and ask the court to award costs against him, or to pursue him for a charge for leaving anything there, in the Small Claims Court.

 

Put a big heading on the letter which says “Parking charge Agreement, Immediate Attention Required”

Tell him that if he leaves the boat there or parks any car there once 24 hours have elapsed from when he gets the letter, he is agreeing to pay you a parking charge of £100 per day, payable within seven days from the date of parking or leaving anything there.

Tell him that if he does not pay within seven days from the date of parking or leaving anything there, he agrees to pay a further charge of £40 per day in addition to the £100, and that by leaving whatever it is there, he has agreed to that.

Tell him that this is enforceable under the Protection from Freedoms Act and you will have no hesitation whatsoever in taking him to the Small Claims Court.

Tell him that notwithstanding that this will be a small claims matter, tell him that by continuing to park or leave anything there, he agrees to pay your costs of enforcing the terms of this notice.

The final paragraph means that even though it is small claims court, you can still claim legal costs!

Finish by saying that if he does not understand the significance of this notice, he should take independent legal advice.

If he doesn’t move it, send him an invoice for £100 per day and Sue him in the Small Claims Court.

Alternatively, if you don’t want to have the “fun” of all the foregoing simply apply to the County Court now for an injunction to compel him to remove the obstruction. Use court form N 16a

 

Does that answer the question? Can I help any further? Can I answer any specific points?

 

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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20069
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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