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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have a property in England. my neighbour has formally lodged

Resolved Question:

i have a property in England. my neighbour has formally lodged a dispute against me for accused damage to trees when i have trimmed the branches at my side. i dealt with this professionally and had a tree surgeon assess any (unintended) damage and the report has proven no. this has been submitted in my defence. I am conscious that i will have to disclose that a neighbour dispute has occurred if i sell my property and i expect this will affect the value. given that i did nothing wrong can i counterclaim for estimated reduction in value of my property. thank you
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What is the value of loss please?
Customer: i dont know what the value would be as i have not got my house for sale as yet. i am thinking to address this whilst the topic is 'hot' with my neighbour. i need to determine if this is a claimable item and then i assume contact a estate agent for a valuation. do you have experience of a firm that would put a value on this loss
Alex Watts : Has he taken you to court?
Customer: he submitted to small claim court for cost of damage to trees but it has not been given a court date as i responded by saying that i would get an expert assessmet(now done and has proved no damage). i am therefore considering submitting a counter claim for reducing the value of my property. he did not come to talk to me to chat this over etc he simply went straight to small claim court
Alex Watts : Do you know what the reduction is though?
Customer: no - as mentioned above - i am trying to find out if this is something i can claim against before i start to engage valuations
Alex Watts : In reality - no,
Alex Watts : The person is free to make a complaint. You have no contract with the neighbour, so you can't sue.
Alex Watts : There is no negligence either.
Alex Watts : I don't think you would be able to make a claim whatsoever against the neighbour for a reduction,
Alex Watts : I am really sorry as this 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.
Alex Watts : Can I clarify anything for you about this today please?
Customer: ok- thank you - it is disappointing to hear - my neighbour is quite crazy and has dreamt up a complaint which i may have to financially pay for grrrr....
Alex Watts : Sorry it's not better news,
Alex Watts : Please do remember to leave feedback before you go today please.
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