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Combined Possession and Money Claim - Is it possible?

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  • Combined Possession and Money Claim - Is it possible?

    Hi all,

    Following this post: https://legalbeagles.info/forums/for...f-shared-space

    My neighbour (shared freehold property, 2 flats) is in adverse possession of the communal bins area, and treats it as a part of his garden. After attempt to resolve the situation have failed and he resorted to anti social behaviour (recorded by the police), I have regained access to the bins area by removing a fence panel that blocked access. This led to my neighbour installing a new fence and throwing my bins out, as well as putting me on notice through his not so impressive solicitor. We responded by putting him on notice to vacate the communal area, pay for restoring paving and fencing, and pay for the sole use of the area over the years.
    To get the area back, I understand that I need a possession claim (N5), for the money it is money claim (N1). Is there a way to do this with a single claim or do I need to file two separate claims? There's a line on N5 that says 'The claimant is also making a claim for money", but does it require a separate money claim?
    I'm filed 2 successful money claims in the past so I'm familiar with the process, but the repossession claim is new to me.

    Many thanks!
    Last edited by nitch; 15th August 2019, 11:13:AM.
    Tags: None

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