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.
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