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Ask Thomas Judge Your Own Question
Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 33037
Experience:  award winning lawyer with over 15 years experience
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I am taking out an injunction to stop my neighbour threat of

Customer Question

I am taking out an injunction to stop my neighbour threat of removing what they call a wall when it is a moulding of 30mm wide that follows the front of the house moulding to round the side of the house.When the house was built in1825 the side makes up the entrance to a carriageway the land of which belongs to a developer company that own the 41 fats to rear entrance down the private road. My property conveyance dated 1936 states the frontage is 17ft in width. With the moulding the width of the property is exactly 17ft width. The respondent claim the carriageway to be 10ft and 1 inch from the original old flint wall to the edge of my property wall and with the introduction of my moulding I am trespassing onto their land. I do not know what is the date of their deeds if they precede mine but covenants given to some of the properties give a 10ft access .If I bring a surveyor and a solicitor to court can I claim for their costs if I win.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas Judge replied 2 years ago.
You would expect if you win to get a costs order against the other side. In reality you only ever recover about 60% of your costs back from the other side rather than the full amount - this is one of the consequences of litigation. Your solicitor's costs would be a reasonable expense - surveyors are normally appointed as joint experts to prepare reports rather than attend court unless they are ordered by the court to attend.