Neighbours "Property Trespassing on my Property" Court Action ?

[MouseF1]

Question ? In which Court ? (Crown ; Small Claims or ?) do I file and for what under which Act/Law - I cannot afford the Legal Costs for Solicitors and Barristers to do this.

[MouseF1]

TAKEN out our downpipe she has Criminally Damaged/ cut into

[des8]

Have you sent a letter to your neighbour requesting they stop the trespass and claiming damages.?

I would suggest at least an initial consultation with a solicitor to check on the ways forward, and to see how any action could be funded (CFA possibly)

[MouseF1]

ok khvbo77b beating over the moon and really

[des8]

CFA = conditional Fee Arrangement, commonly known as No win no fee agreement

[MouseF1]

ok khvbo77b beating over the moon and really

[des8]

Re finding a solicitor.... arrange appointment with local firms and ask or search our sister site: https://justbeagle.com/

Might not need to do any more tho' if planning enforcement do their job properly.
In view of the risk to your and your partner's health a call to Environmental Health dept might put added pressure on your neighbours.

(And 1944 was a good year to be born in)

[MouseF1]

ok khvbo77b beating over the moon and really
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[MouseF1]

ok khvbo77b beating over the moon and really

[des8]

Dealing with trespass through the courts is very stressful, and can have huge costs implications.
As you haven't been able to arrange a CFA deal, I wonder if your house insurance has a legal expenses section which you can call on.
You will need to complete an Injunction Application (Form N16A) and a Statement of Claim (this is a written statement of exactly what you are complaining about with specific details of what has happened and who was responsible).
And in case you qualify form EX160 is the one you need for Fee Remission

[meellis]

I have to say that being a gassafe engineer myself this case highlights some of the concerns I have had dealing with jobs. On this job the gas pipe has been extended so the meter and some of the pipe were already in existence in this situation. I would imagine the patch of render that has repaired a square hole beneath the new boiler was probably the flue from the original boiler, hence there was a boiler already there.

The older boiler would have emitted far more bad substances than the new boiler but because of the temperature would have been much less noticeable. I say this not to go against the verdict of gassafe but to highlight some issues. As engineers we can install boilers as per building regs and all relevant codes but if environmental health show concerns they can still make the installation be altered to alleviate these concerns.

Before anyone reads my post and thinks I am going against the OP please fully read and understand my post. The rules state that a flue terminal must be at least 30cm from a boundary, at least 1metre from a facing wall and to cause no nuisance. The extra bit of flue that has been added to take the flue up to the roof is to alleviate the nuisance but the manufacturer would state that it is not to overcome the rules and regulations in place hence the installation is contrary to relevant regulations.

But I have also been in customers houses to price jobs like this and told them of the rules but they will always come back with "there is already a boiler there" and you can't argue with them because the boiler might have been there far the past 30 years. I usually walk away but I know somebody will still do it and 9 times out of ten nobody complains.

As for the addition of a bathroom again if you are in the know and inform a prospective client that they require planning permission they think you are making the most of the job and because somebody will come along and do it without permission you look like the person who is taking the customer for a mug.

I do feel sorry for the plumber/engineer on this job but he should have known better and in a competitive world probably needed the work to feed his family. If it gets to court he would probably be the one who takes the brunt of the action because he is the qualified person who should have known better, the neighbour (his client), only has to plead ignorance and the engineer would have to rectify things at his cost.

[MouseF1]

ok khvbo77b beating over the moon and really

[MouseF1]

Dealing with trespass through the courts is very stressful, and can have huge costs implications.
As you haven't been able to arrange a CFA deal, I wonder if your house insurance has a legal expenses section which you can call on.
You will need to complete an Injunction Application (Form N16A) and a Statement of Claim (this is a written statement of exactly what you are complaining about with specific details of what has happened and who was responsible).
And in case you qualify form EX160 is the one you need for Fee Remission

des8 Huge Thanks we do indeed have Legal Expenses Insurance with Direct Line who "declined our claim as they believe it occurred before our Insurance started" so we are in the deep and smelly stuff up to our Credit Card limit of very little as aged old folks and very little savings having shelled out for solicitors advice so far

des where can I find past cases ? - there must have been thousands for Gas Flue etc Trespass ... this is not an argument of 6 inches of garden land there is a clean cut Boundary on the Deeds they own no land outside their wall and we do own land outside our walls clearly marked on Title Plan

I feel so very stressed - this has been going on since Feb 2017 when I complained to Council Environmental and they did NOT even check for a Gas Safe Certificate (which was not filed until May 2018 AFTER my Complaints again and getting Gas Safe to Inspect and Report Non Compliant

knowing that 1) the Courts do not want petty actions BUT ours is not it is Trespass and neighbours never asked us "just took advantage of our side of this boundary wall"

The Building Control (Building Regulations Enforcement should take Enforcement Action for removal - I am pushing for this but they said "we are talking to neighbour to get it modified" I said NO MODIFIED it fails to Comply section J on a number of sub sections and no matter it is Trespassing I want it removed.

We shall have to go to Court for the Ensuite drainage pipes but just hope not gas as well

[des8]

Here's a case for you:
Laiqat v Majid
[2005] EWHC 1305

The trial judge held that an overhanging extractor fan was not causing a trespass because it did not cause a substantial interference with the claimants land. On appeal this was held to be wrong.

• ".. if a defendant interferes with a claimants airspace, this amounts to trespass except that this conduct would not constitute trespass if the interference were at such great height - such as by high flying aircraft - that it does not interfere with the claimants airspace. As Scott J explained if somebody erects on his own land a structure, part of which invades the air space above the land of another, the invasion is trespass." (para 34).

(The argument in the citation is a bit circular: An interference is not an interference if it does not interfere because it is too high! But we know what the court means).

The real question for the trial judge to determine was whether or not an injunction should be granted or damages awarded in lieu. The case was referred back to the judge to carry out that exercise.

[meellis]

As far as I am aware even if the flue complies with Doc j environmental health can still have it moved so even if the boiler was correctly installed it could still be made to be moved ( correctly as in per regulations). As for the powers that the relevant authorities have then I think they only become official experts in a trial brought by others. The only powers gassafe have is to present a case to a body like the HSE for legal action or, as you have stated, limiting the activities of the registered engineer involved. I am even unsure if it is actually illegal to work on your own gas pipe unless it can be proven that what you have done has caused a danger to life or other properties, I know your insurance would take a dim view of it all. I might be wrong but I think building regulations come under civil law hence there are always cost considerations whenever action is taken by anyone so these would have to be considered by anyone before proceeding be it yourselves or the relevant authorities. This is probably why they try to frighten people into action firstly or try to find a compromise before considering action.
By the way, am I imaging it or did you say on post 15 that you had installed electric points into your walkway so you could carry out woodcarving and wood burning (forgot the technical name you called it) and then edit it back out? I am getting a bit confused because the pictures show your walkway with tables and chairs in and all your stuff (as you would expect being yours) yet it is now a walkway for neighbours access , for deliveries and for access for the disabled. Is this another walkway or the same one?