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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in a semi-detached cottage and we are responsible for

Resolved Question:

I live in a semi-detached cottage and we are responsible for the fencing between the properties. Our neighbours have a 60ft tree that leans completely over our property from the top of a 5ft fence onwards. It is precarious and in danger of falling. contributed towards the emptying of the tank and it is now due again. I have passed bills onto them One branch from the tree has fallen down and smashed the fence panels down. It is so big it has taken two people to lift it up. (I have photographs) despite several requests for the tree to be cut down and the fencing to be replaced the neighbour has become abusive. We have put it in writing and this has also been ignored.
Our property has the septic tank that serves both properties our deeds and legal papers state that we are jointly responsible for the maintenance and emptying of the tank. In 7 years the neighbour has not paid towards the costs. I have posted bills but these have been unpaid and court action threatened as they are in my name I have had to pay. What action can I take. Is there an issue as if the tank is not emptied it becomes a public health hazard. I am aware that they do owe money they have been trying to sell their property - it hasn't sold but it looks like they may be moving out soon so I need to take action quickly, can this be done quickly and if so what can I claim for. we can't speak to her she is verbally abuse in public.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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 :

What you should do is get a Solicitor to write and set out the position in terms of unpaid bills and the tree.

Alex Watts :

You ideally need to get a tree expert out and produce a report on the condition and potential danger of the tree. That report should have recommendations about what to do - ie remedial work or chopping parts or all of it down

Alex Watts :

Once you have this your Solicitor can write and ask for payment in terms of the shared bills and set out your position in terms of the tree

Alex Watts :

In terms of the bills this is easy and you can probably do this yourself.

Alex Watts :

You need to write and set out your losses and request a refund 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.


 


If they do not refund 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. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

In terms of the tree this is harder.

Alex Watts :

You would be giving the Court a document show tree surgeon report and asking the Court for an Order that the neighbour carry out work.

Alex Watts :

In effect this is an injunction and for this you would ideally need representation

Alex Watts :

Your Solicitor can then present papers and represent you in Court.

Alex Watts :

The Court can Order that they carry out certain works.

Alex Watts :

If they refuse this is a breach of a Court Order and could be considered contempt.

Alex Watts :

A Judge can warn, fine or send the person to prison

Alex Watts :

This is why you need a Solicitor

Alex Watts :

But these are the steps you should consider following

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Is the septic tank a public hazard if it isn't emptied there any legal obligations there. Are both matters dealt with through the county court system ie tree and septic tank

Alex Watts :

Yes it would be the County Court for both matters

Customer:

And the damage to the fence?

Alex Watts :

It could be a public hazard but I would get it emptied and just sue for the costs if they refuse to pay

Alex Watts :

Yes, fence is County Court as well

Customer:

should I tell the court that they are likely to be moving they already have debts as people are visiting and chasing them

Alex Watts :

Well if they move then then debt follows them.

Customer:

ok thanks for your help Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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