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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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We have a house in Wales. The neighbour has smashed down the

Customer Question

We have a house in Wales. The neighbour has smashed down the slate wall boundary ( the deeds show it is his responsibility) and our brick wall 5 feet inside that as well as demolish the hedge on the adjacent boundary. The old tool shed was between the slate wall and the brick one. Its about 30 feet plus another 30 feet at right angles.

When i asked the neighbour what he was doing, he said he thought nobody was there.

What compensation might i have as he has not replaced the boundary fence or offered to.
He smashed it all down in January 2013.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What loss have you suffered please?
Customer: replied 2 years ago.

The old tool shed has been levelled to the ground and the brick wall has been demolished almost in entirety. There is about 30 pct left which is unsafe. Because the house is rented out to holiday makers, we have had to pay a fencer to put up a fence across the lawn the make the garden child and dog safe. But we have now lost the use of the lower lawn, which is part rubble and part slate. We had hope the neighbour would re-instate the boundary wall, with a wall or fence. This happened over a year ago, and we need to put up a fence on the boundary, to mark it and to make it safe. Can we expect him to pay?

Expert:  Jo C. replied 2 years ago.
Thanks.

He is allowed to remove any walls which are his responsibility and are on the boundary however he must give you a notice under the Party Wall Act that he intends to do so.

Unfortunately, the Party Wall Act as no penalty for non-compliance.

With regard to anything that he has taken down on your land, whether it is a hedge or a wall this is criminal damage and should be referred to the police. The police may say that it is a civil matter but it is indeed a criminal matter although sometimes, getting them to prosecute issues like this is not at all easy.

You are entitled to have your own walls and your hedge and whatever else it is that belongs exclusive to you got back in the condition that it was before he started.

If he will not do that, you are faced with doing it yourself and suing him for the costs.

In that respect, check your house insurance to see if you have legal expenses cover that would pay for the legal costs.

If the wall just fell down because he removed the Ivy is not only responsible for the Ivy but also the wall.

But he will not agree to reinstate whatever he has damaged they might be worthwhile seeing a solicitor and then getting the solicitor to write to him threatening court proceedings if he does not either pay for the damage or reinstate it.

Because the amount of damage is probably going to cost less than £10,000 to fix, it will be Small Claims Court and it is unlikely it would be worth the solicitor taking it to court for you because you will not recover the solicitors costs, even if you win

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Hi Jo,


Thanks.


Sort of what i thought.


But thanks anyway.


Bridget

Expert:  Jo C. replied 2 years ago.


No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/


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