ABSTRACT
BETWEEN JOHN STEVEN Plaintiff
and JAMES GROVER Defendant
PARTICULARS OF CLAIM
1. The Plaintiff is and was at all material times the owner of land known as Lime Cottage, Green Lanes, Oldbury, (‘the land’). The land is shown on the plan annexed hereto and coloured pink. 5
2. On a date unknown in 1987 the Defendant with the consent of the previous owner and occupier of the land entered and remained on part of the land (‘the disputed land’), shown on the said plan and coloured green. Further, the Defendant on a date unknown, erected a greenhouse on the land. 6
3. The land passed to the Plaintiff by grant of probate dated 23 November 1994. 7
4. On 25 February 1995 in writing through his solicitors and orally the Plaintiff revoked the consent of the previous owner as from lst March 1995 and requested the Defendant to remove the said greenhouse and leave the disputed land. 8
5. Thereafter the Defendant wrongfully continued to use the disputed land and wrongfully continues to use the same. Further the Defendant has failed to remove the said greenhouse. 9
6. By reason of the matters aforesaid the Plaintiff has been deprived of the use of the disputed land and has thereby suffered damage. A reasonable charge for the use of the disputed land would be £5 a week. 10
7. Further the Plaintiff claims interest pursuant to section 69 of the County Courts Act 1984 on the amount found to be due to the Plaintiff at such rate and for such period as the court thinks fit. 11
AND the Plaintiff claims: 12
(1) An injunction forbidding the Defendant whether by himself or by instructing or encouraging any other person from occupying the disputed land;
(2) A declaration that the Defendant is not allowed to occupy the disputed land;
(3) An order that the Defendant do forthwith pull down and remove the said greenhouse;
(4) Damages; (5) Interest pursuant to section 69 of the County Courts Act 1984.
