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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22620
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am having a running dispute with my uncle, who is my

Customer Question

I am having a running dispute with my uncle, who is my neighbour, since 2008 for encroachment of my land with a outhouse.I have spent money on solicitor and a surveyor. Who has proved that what my uncle forward as his land measurements is encroaching into
my land by 20cm. But My solicitor closed their practice in Nov 2009. I am not sure what they sent to my uncle the report of surveyor showed some calculation of land value based on encroachment. I know we sent a letter which we got drifted by a barrister which
offered my uncle a contribution towards taking the building down. and pointed out the facts and But in the mean time my uncle has put up a fence which is taking up more of land and he had been insisted the fence is mine and it my responsibility to put this
up I have written to him asking him to remove as he never give me a written notice either for building which I believe was in late 2007 and the fence was in Some times 2010. I was not there as my property was rented and with agent. My uncle wrote to my solicitor
in late 2009 saying his security was been compromised due to tents his was just excuse as my agent said no such things. The fence was noticed when I went to property as the tenants complained about agent not doing any thing I now want to go to court and get
this thing rolling, have I gone over time to take this to court. I wanted to know how and what forms to fill as the barrister letter says he trespassing by 20 cm as proved by my surveyor and that he is flanking the wall of my outhouse and/or relies on my foundation
which I want him to prove he is not as he as said in his letters to us. And I want compensation for what I have spend £3294.75 before I have invoice for 2 one email demand , this and extra for for what I have been through I have to represent my self in courts
as I can not afford the solicitor so please help me to get this sorted once and for all.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.

Good afternoon.

My name is ***** ***** it’s my pleasure to assist you with this today.

If a firm of solicitors has closed, the files are taken over always by another firm. Contact the Solicitors Regulation Authority and/or the Law Society and they will tell you who has taken over the files.

However as this is now six years ago, the files could have been destroyed because it is only necessary to keep the files for 6 years.

If the file has been destroyed and you don’t know who the surveyor was, I am afraid that you are faced with starting from scratch.

If your uncle’s shed occupied the land or the fence occupied your land without consent or objection and not in secret for 10 years or more, then he can apply to the land registry to have it registered as his own under the doctrine of adverse possession.

However as there has clearly been an ongoing dispute with that, the trespass continues. There is no 6 year time period if that is what you’re talking about.

However there is an equitable doctrine which is “equity will not suffer delay” so you cannot complain about this for 40 years without doing anything about it and then expect to go to court and let the court determine the matter. They are likely to say that by not doing anything about it by way of enforcement, you have actually acquiesced.

So, whilst there is no formal time limit BUT As this has been going on since 2009 you really do need to get things moving.

What you need is an injunction to compel him to remove anything which is on your land. Unless you have experience of drafting such proceedings you might want to get a solicitor to draft them for you even if you ultimately deal with the court hearing yourself. Remember that these kind of matters are decided on evidence and therefore, the more evidence you have the better.

As part of your claim you would put in an application for costs and if you are dealing with yourself do that at £18 per hour for your own time plus any solicitors or barristers costs that you incurred before.

Does that answer the question? Can I answer any specific points arising from this?

Please do not forget to rate my answer service positively so that I get credit from my time today.

The thread does not close, it remains open if you want to ask for any clarification of follow up any points.

Kind regards

Customer: replied 1 year ago.
In your answer you said that I need to get the surveyor copy of finds, which I have and I have few copies of letter send to my uncle and his reply via email attachments.
You saying that I should use a solicitor for writing the injection for me I was hoping for that help from here hence I came here so to keep my cost low. You fell I can get that his cost and the previous costs can be added to my claim. What of any other damages for him putting me through all this when the evidence was there produced.
i want him to prove he is not using my foundation how can we do this please.
Expert:  Stuart J replied 1 year ago.

We cannot write the letters for you or draft the papers as that would amount to acting for you which is beyond the scope of the site and the initial question. We can suggest changes to docs which you prepare yourself, and we can tell you which documents you need to prepare.

The reason that I suggested you got a solicitor to write threatening court application costs in the first place is quite simply that if you think you are really are serious about going to court and there is the threat of substantial court costs against him based upon the evidence you have and if he actually realises himself that he has tried to encroach upon your land, it may not actually need to go to court.

What I would do at this stage is check my house insurance to see if there was any legal expenses cover that would pay for the costs of going to court, if that was necessary. It may be that you are insured for this and those costs could potentially be paid for you. The insurance company will not take it on part way through, only from the outset.

If you want to ask me a series of specific questions I am happy to give a series of specific answers.

Customer: replied 1 year ago.
When I started this issue with building enrochement I had insurance with Zurich and I did not check their policy if they covered I then changed over to LV and when the fence issue came along they did not allow it as they say an ongoing old issue with encroachment.
SO do think you I can go back to either to to help me go grt cost back and get me to court,
Customer: replied 1 year ago.
the forms I need are which to feel you said you can help me in that direction. You did not clarify about my home insurance is there any way I can get insurance company previous or the following one to take up case and my cost
Expert:  Stuart J replied 1 year ago.

The situation with regard to the insurance is that it did indeed start when you were insured with Zürich although you are now insured with.

The situation that you are in is very common in particular with subsidence claims which go back, very often, over many years and that’s why with the subsequence claim, you may end up having to deal with several insurance companies.

If neither of them will agree to deal with it, make a complaint to the Financial Ombudsman service because they are simply trying to escape liability as the problem arose during the original insurance company holding cover.

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