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Right of Way - How to apply for a court order?

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  • Right of Way - How to apply for a court order?

    Hello!
    Our next door but one neighbour are restricting access to the rear of our property by placing two wood sheds and logs either side of the shared access road.
    I've asked them on several occasions to remove one of the wood sheds so we can access with a van. They refused on the grounds that they have been there for over 5 years and you can fit a small car through the gap. I've downloaded the title plans for their and our property and it states:

    10. The Purchaser shall not hinder or obstruct in any way the passage
    of persons or vehicles over the passageways at the side and/or in the
    rear of the land hereby transferred.

    I've written them a letter detailing the obstruction, the clause in their title document and asking them to remove by 8th March before our building works commence. They haven't responded so I'm keen to understand how I apply for a county court injunction? What form do I need to complete? Do I need to instruct a solicitor?
    Thanks
    Tags: None

  • #2
    Here's the original thread: Shared access route obstruction - LegalBeagles Forum

    you will need to complete form N16A ( https://www.gov.uk/government/public...n-general-form)
    and attach a witness statement detailing all material facts of which the Court should be made aware,

    Comment


    • #3
      Thanks des8, appreciate the advice. Can I complete these forms myself or should I use a solicitor?

      Comment


      • #4
        DIY, but you will need a notary public to witness an affidavit (your written and sworn statement of facts).

        So when you visit the solicitor for that, ask him to check your application if you are unsure about it

        Comment

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