How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Hello , I have had neighbours who have trespassed twice onto

Customer Question

Hello , I have had neighbours who have trespassed twice onto my property, once 2011 with their wheelie bins refusing to remove them behind my back fence on my back path when re designing their terraced garden they leaned large wooden pallets with long nails which broke my back wooden fence. I had to sadly get a solicitor involved as they wouldn't remove them. I had to inure solicitors fees to do this, can I get them back or is it too late?
I noticed last year that also they had attached their gate hinges to my back fence post, and attached a small panel at the end of their new fence which also was attached to my fence post, I have had to get my solicitor to write to them 3 times with dead lines to remove their gate. all ignored, I had to instruct a fencer to remove their gate and renew my broken fence at my cost. My solicitor has written to them a 4th time saying, Our clients have stressed that they do not want this neighbour dispute to continue and wish to bring it to an end. We are therefore instructed to write to you confirming that our clients will accept the sum of £1,240.00 in respect of their legal costs and £150.00 for the building works , (removing their gate off our fence post) .
Our neighbours are selling due to a marital break up. we have informed the estate agent there is still a dispute on going with them owing us the above amounts. This letter was sent on the 21st Jan 2014 I have had no response from our neighbours as regards payment! In the 3rd letter from my solicitor 6th Jan 2014 she told them they have been put on notice that if the offending gate or any other article which causes a trespass is not removed forthwith then we will issue our application to the court without further recourse to you, our clients will claim costs and fees together with reimbursement of builders costs.
As this is still an on going dispute regards XXXXX XXXXX the above costs can you please tell me if my neighbours have to pay me these costs before they move or are they allowed to not pay me? will I have to take them to court to get costs ? what is the next step. will it cost me a fortune to pursue this and what are the chances of getting all further legal court costs from them if I do pursue this. police have been kept informed of all on going matters, to them its a civil matter! they also had a loft conversion about 4/5 yrs.' ago they never got me to sign a party wall agreement! I don't know if steels were used but it is classed as a 3rd bedroom.
There is also a 3FT brick wall dividing our properties without any "T" MARKS last year they have erected a new wooden fence and their posts are drilled into the wall on their side, on my side we have a wooden fence but it is unattached to the wall, where do we stand with this before they move as regards XXXXX XXXXX and their fence they will not pay for a surveyor but obviously where do we stand when they sell to ne buyers ?
since 2011 they have caused me so much stress they are very intimidating people, nightmare both people have prominent positions of care in the NHS.
Can you please help and advise me on these issues.
Kind regards CLAIRE
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you ever get a Court order or was it just pre action letters to the neighbours?

Alex Watts :

Do you know when they are moving or if there has been an offer please?

JACUSTOMER-9zl3apqs- :

Hi Alex thank you for helping me .

Alex Watts :

It is my pleasure

JACUSTOMER-9zl3apqs- :

1. just pre action letters to the neighbours

Alex Watts :

Are they moving or is it just for sale?

JACUSTOMER-9zl3apqs- :

2. apparently they are with an agent it will go on the market probably couple of weeks or so.

Alex Watts :

Ok Claire, the sum you want to claim is £1240 plus £150?

JACUSTOMER-9zl3apqs- :

yes.

Alex Watts :

Ok - let me just type my answer.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy. Now it is a matter for you whether you do this as your Solicitor has already sent a pre action letter. If you are satisfied they have received the letter then you may wish to skip this step.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. As the claim is for £10,000 or less it will be a small claim and you will not need representation, so you do not need a Solicitor and you can do this yourself.

Can I clarify anything for you about this today please?

JACUSTOMER-9zl3apqs- :

I feel very venerable with them my solicitor did not write payment within 14 days or mention court

Alex Watts :

Ok - then perhaps it is worth sending.

JACUSTOMER-9zl3apqs- :

my solicitors last letter did not say within 14 days or mention court fro payment

Alex Watts :

Yes. But in that case you could send a pre action letter and give 14 days for payment otherwise you will issue proceedings

JACUSTOMER-9zl3apqs- :

my solicitor said this would probably be costly to do if I go to court , can we add the cost of my solicitors new letter?

Alex Watts :

Yes you can. In terms of costs small claims costs are limited

Alex Watts :

Please see: http://www.justice.gov.uk/courts/fees

Alex Watts :

Does that help?

JACUSTOMER-9zl3apqs- :

if I go to small claims is there a good chance that I will get my money back from them

Alex Watts :

Yes based on what you have described on your question

JACUSTOMER-9zl3apqs- :

if I go through my solicitor will I get my costs covered

Alex Watts :

Not for a small claims Court no.

Alex Watts :

It is designed not to be for lawyers.

Alex Watts :

If you do any costs recovery for legal fees is very limited indeed

JACUSTOMER-9zl3apqs- :

I don't know what to do

Alex Watts :

You can only claim £260 in legal fees if you go to a small claim

Alex Watts :

You can represent yourself, the process is straight forward and designed for litigants in person

JACUSTOMER-9zl3apqs- :

I don't think I will be up to that

Alex Watts :

You can have a friend represent you if you turn up at Court too

Alex Watts :

But it probably wont even get that far

Alex Watts :

If no defence is filed you get Judgment in default

Alex Watts :

Does that help?

JACUSTOMER-9zl3apqs- :

sadly my neighbours are very clever people they will probably fight it . the ex husband has already said his wife felf venerable with removal of their gate as she has been on her own , I replied she has not been on her own her new partner has been staying ,she has had a 3 yr affair with this chap!

Alex Watts :

Sadly all I can do is give you a legal answer. Whether you follow it is a matter for you.

JACUSTOMER-9zl3apqs- :

ok then in my situation what do you think best course for me to take

Alex Watts :

I think you should issue proceedings. The process and hearing is not complex

JACUSTOMER-9zl3apqs- :

do I do this through my solicitor sending another letter giving them 14 days then my solicitor will issue proceedings?

Alex Watts :

You can do this yourself.

Alex Watts :

You can take all the steps yourself.

Alex Watts :

Remember recovery of legal fees is limited to £260

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-9zl3apqs- :

Hi Alex if I don't go through small claims, and my solicitor goes to court if it gets this far will my neighbours have to pay all court costs solicitor legal fees and what I am owed?

Alex Watts :

No, because of the value is less than £10,000 it will be a small claim.

Alex Watts :

Only if a dispute is over £10,000 would it not be a small claim

Alex Watts :

Does this help?

JACUSTOMER-9zl3apqs- :

what will happen if solicitor writes another letter 14 days and if no payment paid then proceedings will take place, what do I do next , is my solicitor out of the frame if so I need to know how I proceed,sorry to go over this but im new to this

Alex Watts :

You can instruct the Solicitor to do all the work and represent you.

Alex Watts :

But you are only entitled to recover £260 and no more

Alex Watts :

So if it costs £1000 you can only recover £260

JACUSTOMER-9zl3apqs- :

ok so your advice if I don't have a solicitor and I don't feel I can go to court what is the best way to proceed and do you think I will get all monies back, also can they sell with this money dispute going on?

Alex Watts :

They can but they have to declare it to potential purchasers

JACUSTOMER-9zl3apqs- :

where does this leave me

Alex Watts :

Sadly if you dont want to take it to Court you are out of pocket

Alex Watts :

All you can do to stop it is take them to Court, but that is a matter for you

Alex Watts :

I realise this may not be the answer you want or the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you?

JACUSTOMER-9zl3apqs- :

if I do take them to court do I have to be present, how do I go forward

Alex Watts :

You can submit it on paper and don't attend. But of course it would be better if you did in case the Judge had questions

JACUSTOMER-9zl3apqs- :

ok so what is the course of action do you think I should take, and could my neighbours get costs from me?

Alex Watts :

I think you issue proceedings and then see how you fair before any Court hearing and make a decision then whether to attend.

JACUSTOMER-9zl3apqs- :

god sorry Alex how do I issue proceedings again? can I get past legal costs with them trespassing back in 2011?

Alex Watts :

www.moneyclaim.gov.uk

Alex Watts :

Or complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And take it to County Court.

Alex Watts :

Yes you can claim those historic costs back

JACUSTOMER-9zl3apqs- :

that's good my solicitor said I couldn't! do I include past legal trespass costs with the recent ones in one claim?

Alex Watts :

Yes if it is all related to the same claim

Alex Watts :

Can I clarify anything?

JACUSTOMER-9zl3apqs- :

no 2011 was trespass of wheelie bins on my property, this is about their gate on my fence post also they painted my post green their side but my fence was damaged by them leaning large wooden pallets husband acknowledged damage to my fence. but a recent solicitor letter said I was prepared to bear the new fence cost , can I go for criminal damage to painted post ,and broken fence which was broken in 2011

Alex Watts :

I see. If it is not related then you can not claim those historic costs

Alex Watts :

Can I clarify anything?

JACUSTOMER-9zl3apqs- :

my new fence cost to replace £400 , just to remove their post was £150 but what cost do you put on my fence post been painted by them is this criminal damage also the fence, but can I go back on what the solicitor wrote saying that I will bear the cost of the new fence.

Alex Watts :

No sadly not.

Alex Watts :

Can I clarify anything for you?

JACUSTOMER-9zl3apqs- :

would estate agents advise them to pay up!

Alex Watts :

I can't say - estate agents are not legally qualified.

JACUSTOMER-9zl3apqs- :

as for the dividing brick wall there are no "T" MARKS they have erected and bolted their fence to this wall how do we stand with this for new buyers or our present neighbours before they sell

Alex Watts :

They would need to disclose any dispute

Alex Watts :

Can I help further?

JACUSTOMER-9zl3apqs- :

ok if they sell can I still peruse them for costs

Alex Watts :

Yes of course.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-9zl3apqs- :

brill thank you do you think that I have a good case to peruse my costs and if I get them back will my neighbours have a legal record against them

Alex Watts : Yes I think you have a case.
Alex Watts : It would be a county court judgment not a criminal record.
JACUSTOMER-9zl3apqs- :

what does that mean exactly

Alex Watts : It's a civil matter, not criminal offence.
JACUSTOMER-9zl3apqs- :

ok thank you very much for your help is all this conversation saved on my email so I can go back and look at your information

Alex Watts : Once you rate my answer the format changes and you can come back to it at any time
Alex Watts : Please remember to leave feedback before you go today
JACUSTOMER-9zl3apqs- :

one last thing as for the dividing brick wall they have attached their fence with out permission shall I get my solicitor to mention this

JACUSTOMER-9zl3apqs- :

we do not know who owns this wall

Alex Watts : yes I would
JACUSTOMER-9zl3apqs- :

I think that is it thank you so very much Alex for your help.

Alex Watts : All the best Claire
JACUSTOMER-9zl3apqs- :

all the best and you are very patient thank you good bye.

Alex Watts : Have a good weekend and remember to click on a happy face!
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice