AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
AlexWatts2013 : Is it on their side of the fence please?
is there anything i can do? i bought and payed for the fence
AlexWatts2013 : Have you complained to the head office?
hi on 3 or 4 occasions
AlexWatts2013 : In writing or on the phone please?
AlexWatts2013 : How are they making it personal please?
because today they have cut the grass!!!!! but have made a point of pilling it up the fence panell. where as before it was in a pile at the back of fence.
AlexWatts2013 : It's bad news I am afraid and will not be the answer you want and certainly not the one I want to give you but I have a duty to be honest. They are entitled to cut the grass and pile it up as it is on their land. However the Council can take action under the Control of Pests Act and make them remove the pile if it is causing vermin. If they refuse the Council can go in, remove it and charge them for the pleasure. But if the Council refuses there is not a lot you can do because it is private land and they have not done anything illegal. Potentially there would be a claim in nuisance but I do not think the case or loss is strong enough. That is why you should encourage the Council to take action under the above act. But speak to environmental health.
AlexWatts2013 : Can I clarify anything for you?
AlexWatts2013 : You have rated bad service, what else can I do for you? Please remember you are not rating whether or not it is the answer you want but the service I have given you.
AlexWatts2013 : I can not change the legal answer to suit what you want to hear as this would be incorrect advice and negligent of me.
AlexWatts2013 : There is only one other course of action you could take. You could potentially seek an injunction to get them to remove the rubbish and/or secure the fence to stop anyone climbing on or over it. However for this you would need a solicitor to draft particulars of claim for you and represent you in Court. The matter could be listed at court and a judge would hear the claim. The test is whether or not it is reasonable to grant an injunction in all the circumstances. If the answer is yes then you have one and if they do not comply then they could be in contempt of court no be fined or sent to prison or both.
AlexWatts2013 : However you would not get legal aid for such matters and the rules changed recently to qualify. But if you have home insurance or car insurance and you paid for legal protection it is possible they would cover you. But you certainly would need a solicitor as I am sure this matter would be contested.
AlexWatts2013 : Does that help you further? If so I would be pleased if you would consider changing your rating as it does affect my standing on the site, Alex