Rear Shed Wall

[asimsheikh]

Do I have to pay country court fee or both for CC and High court? Sorry all court business is new to me

[des8]

You are making an application for an injunction in the county court and it is that fee you pay

[asimsheikh]

Thanks for the clarity, as I have started to draft the statement and reading about injunction. Would this be considered a temporary injunction for a period of time or unless he put safeguard to protect the wall or permanent?

[des8]

you want him permanently forbidden to pile earth against your wall

[asimsheikh]

I, xxxxxxxx, make this statement in support of my application for a permeant injunction order against my neighbour, the respondent, xxxxxxxxxxx.

1. I live at the above address. This property is jointly owned by my wife, xxxxxx and I, since Jan 2007. The respondent is living at the address for about since Sep 2006.
2. Shed at the rear garden of the property was built by the previous owner, before December 2002, when I first moved in the property. Shed walls are made from single block and is in good state of repair. At no point since 2002, any damp issue arises at shed wall.
3. Since respondent has purchased and moved in the property, I have never met them or had any discussion about any matter concerning the boundary wall or any other issue.
4. The respondent had rear extension done last year and started to work in his garden since April /May 2020. For the last 3 months, at no point respondent contact me about any work or about his plans to use my shed wall.

[asimsheikh]

1. He rendered and painted my shed rear wall facing his garden without seeking permission or notifying me in advance of his intentions.
2. Respondent has built a raised rectangle flower bed of approximately 100 cm high, where my shed wall has been used as one side, without any consultation and approval from me.
3. I contacted respondent on 19/09/2020 in person to share my concern about his recent construction of raised flower bed while using my shed rear wall as one of the sides. I have clearly stated that it is not acceptable for him to use my shed wall, as wet soil piled against my shed will result in damage to my shed. I suggested him to build his own wall to make the rectangle shaped bed to be self- contained to ensure there is no possible damage to my property.

[asimsheikh]

1. In my very brief follow up phone call conversation on 20/09/2020, respondent told me not to contact him again about this matter directly and he will not do anything to protect my property.
2. I sent a letter before action on 22/09/2020, a copy attached and inform him in writing not to go ahead with building of structure and piling soil against my shed wall, that may cause damage to shed wall and foundation. I explicitly told him in writing that any such action will be considered as trespass and I will seek court injunction with cost order to stop him doing, if I don’t hear from him in writing by 7/10/2020.
3. No written assurance about building of own boundary wall was received, so I respectfully requesting the court to issue permeant injunction against the respondent, stopping him continue with the built and pile of soil against my shed wall that will damage to wall and foundation.

[asimsheikh]

1. would also request to the court to allow the claim of the expenses against the respondent, as of his actions and failures, I had to bring the injunction case before the court.
2. There has been continuous rain in East London since 1/10/2020, that started to cause the damage as of soil against the wall, this will get worse, when the whole of the floor bed is filled with soil (100 cm) against my shed wall.
3. I have attached a range of photos, showing the new built against the shed wall, the soil so far and overall layout of the property and boundary wall.
4. Based on the respondent lack of regard of my property, trespassing his junk on the side of shed in my garden, building of the structure by using my wall as one side, without consultation, information and permission, I believe without court injunction, he will continue with his action and will cause damage to my property.

[asimsheikh]

Please see above my statement, 13 points in total, please let me have your professional opinion,.please make any necessary changes or corrections. Thanks

[des8]

Well I'm not a professional! far from that exalted state and you must not take what I say as being legal advice.
It is solely how I would approach the problem if I was facing it.

I'll tidy your statement for you tomorrow as I'm tied up with other matters at the moment

[asimsheikh]

Thanks for your continued support.

[asimsheikh]

My neighbour has responded to my letter, just in time to meet deadline, I will send abstract, and appreciate if you could confirm what would you do in this situation? I am assuming at this point this thread ot live, and it's a pm, don't want to broadcast my next course of action.

[asimsheikh]

I am assuming that I may have to reply with another letter, giving an another deadline, statement may have to be adopted and you want to hold your input and consider response to his reply to the letter?

[des8]

Will await your PM