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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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i have a comercial building,with a steel post fence,my neighbour

Customer Question

i have a comercial building,with a steel post fence,my neighbour who deals in waste recycling,piles up stones and waste against the fence,causing the fence to bend inwards towards my premises,also large stones fall through dropping 12 ft on to our car park,i own my premesis,they rent theres, i have asked 3 times very nicelly to remove the stones,each time they have said they will move them,but nothing has happened,were talking about 60 ft of stones 3-4 ft high here
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to the site. My name is Max and I will help you with your question.

Max Lowry :

Are you the owner of the fence, or obliged to maintain it please?

JACUSTOMER-e3btide8- :

it was there when i moved in, i repaired it ,its like new,then the tenants moved in and started pilling against it and pushing it inwards

Max Lowry :

And it pushes in towards your land and into your land?

JACUSTOMER-e3btide8- :

yes,and some of the bricks that are forced through the gaps,fall down on to were we walk,this up to a 15ft drop,and the stones are up to 20 kilos,

Max Lowry :

That sounds like it could be dangerous too?

JACUSTOMER-e3btide8- :

very! i am not exadgerating

Max Lowry :

In this case, I think you have various different types of claim you could bring to stop them doing what they're doing.

Max Lowry :

You can:

JACUSTOMER-e3btide8- :

i know its wrong what they are doing,but am unsure how to go about this

Max Lowry :

1. complain that they're trespassing into your land/airspace;

Max Lowry :

2. bringing about a dangerous situation with the risk of injury and are under a duty to abate that risk;

Max Lowry :

3. causing physical damage to your fence (I appreciate you're not sure whether it technically is your fence).

Max Lowry :

You should write to them, mention all three (without the qualification on (3)!), and tell them that they must make good, otherwise you would consider issuing court proceedings for an injunction to force them to take these steps and make it safe, and prevent further trespass and/or nuisance to you.

JACUSTOMER-e3btide8- :

solicitors letter?

JACUSTOMER-e3btide8- :

how would i stand calling in the hse

Max Lowry :

You could do a solicitor's letter, yes, they are often taken notice of more readily.

Max Lowry :

You can call in the HSE too, and the local council if they're council tenants perhaps, or their own landlord if private tenants.

JACUSTOMER-e3btide8- :

ok thankyou

JACUSTOMER-e3btide8- :

max

Max Lowry :

Do you want me to help with anything else?

JACUSTOMER-e3btide8- :

thats all for now thankyou for your time,i will look in to some of your suggestions max,

Max Lowry :

Thank you. Would you rate the answer as highly as you can for me please.