Joseph seeks your advice in relation to a claim which he wis…
Joseph seeks your advice in relation to a claim which he wishes to bring against Ben, who lives in the adjoining property. Ben recently demolished the fence which divides their rear gardens. Yesterday, Ben started to replace it with a taller one which encroaches onto Joseph’s garden. Joseph has asked both Ben and the builders to stop, however, they have ignored his request. The builders tell him that the work is progressing, and they will complete the fence in the next three days. If Ben continues to erect the fence in the same position, several of Joseph’s fruit trees will have to be removed and his plants will be deprived of light. It is clear that Ben will not stop unless a court order is obtained. The exact position of the boundary is difficult to ascertain from the filed plans. Ben is relying on a document from 1921 which suggests that the boundary is in line with the fence he is currently erecting. However, this document is inconsistent with more recent ones, which show the boundary to be in the position of the demolished fence. Joseph wishes to make an application for an interim injunction to stop Ben continuing to erect the fence. Should Joseph give Ben notice of the application and does he need to serve the supporting evidence?