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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I am trying to replace my boundary fence. My neighbour has

Resolved Question:

I am trying to replace my boundary fence. My neighbour has removed the old fence at my request in readiness for the new installation. However I have now received a solicitors letter denying access to his land to facilitate installation of the new one, and citing trespass and the calling of the police if I transgress. Access would overcome the difficulty of installation from my side due to the presence of mature trees and shrubbery. Installation from the neighbouring side would involve only 7 panels and would o ly take 5 minutes per panel. Should I go ahead regardless, since both properties are leasehold or apply for access under the acess to neighbouring property act 1992?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question.

tdlawyer :

My name isXXXXX can help you with this.

Customer: Pleasevdomso
Customer: Sorry for spelling please give me your best advice
tdlawyer :

OKay.

tdlawyer :

Technically, you do need the permission of a neighbour in order to enter their land.

tdlawyer :

If you do not obtain that permission, you will be trespassing.

Customer: This I am aware of
tdlawyer :

It is possible, when somebody trespasses, to issue court proceedings against them for compensation. Where that trespassed does not result in any real damage to the land, then the compensation will be very minimal.

tdlawyer :

Usually, it will be a nominal amount, such as £100.

tdlawyer :

The proper thing to do, however, is to make an application to the court under the 1992 act.

tdlawyer :

Once the court grants in order entitling you access to their land, it would not be trespassed, and no action could be taken against you.

tdlawyer :

The danger, is that if you take any real-time to do this, the neighbour could apply to the court for injunction, to prevent you from trespassing to start with.

tdlawyer :

The costs of the neighbour said doing that may be recoverable against you, and would be significantly higher than £100. I would expect the costs to be something more like £3,000 - £5000.

tdlawyer :

The decision that you need to consider, is whether to simply go ahead anyway, and potentially be sued later. Alternatively, you could apply to the court under the 1992 act, which would protect you once an order is granted.

Customer: I am aware of this too where can I obtain the required forms? Incidently the letter sent to me only refers to specifically myself not to any contractors or kindly neighbours who have offered their help Should I accept their offer?
tdlawyer :

Your question does not refer to an offer. What offer has the neighbour made?

Customer: Thank you for that incidently the letter only makes specific reference to me not to any contractors or friendly neighbours who because of my age and infirmity have kindly offered their services. Should I accept?
tdlawyer :

Hello? Are you there?

Customer: Immediate neighbour no offer non communicative, other neighbours / friends have offered to help.
Customer: Still here
Customer: Still questions unanswered,,,,!!!
Customer: Questions still unanswered why is that?
Customer: Can you answer my other points or not?
Customer: Can you answer my other relevant points or nosy?
Customer: Waiting
tdlawyer :

Hello.

tdlawyer :

I'm sorry, but for some reason the system showed you as being disconnected. It appears to have been a technical glitch.

tdlawyer :

At least I have you now, and can finish answering your question.

tdlawyer :

Are you asking me whether you should accept your friendly neighbours offer to reinstate the sense for you? In other words, it will be your friendly neighbours that trespass, but on your behalf-is that correct?

tdlawyer :

Hello. I can see from my system that you have gone offline again. If if you require me to assist you further, I'm more than happy to do that, please just let me know answers to the question that I raised at 6:24pm. I shall announce that as promptly as I can for you.

Customer: replied 3 years ago.
Sorry for leaving had to go shopping and make a meal quite urgently Perhaps it would be best not to involve other neighbours to help I would not like to place them in a difficult situation. Contractors to straighten the posts ares needed.So where do I obtain the necessary form(s) under the 1992 act and what are the fees? Having spent over £300 pounds I am determined the new fencing will be installed.
Expert:  tdlawyer replied 3 years ago.

It is always best to leave neighbours out of the equation if you can. As you rightly say, it can create extra problems when people are put into a difficult and contentious situation.

If you wish to make an application under the 1992 act, you would need to issue a claim form, under part 8 of the court rules, and put a witness statement together explaining the position for the court. The claim form is here: http://wbus.westlaw.co.uk/forms/pdf/cpf00151.pdf

Tony

Customer: replied 3 years ago.
Is this firm a DIY item or must I use a solicitor?
Expert:  tdlawyer replied 3 years ago.

You can do this yourself, if you wish to.

I always suggest people use solicitors when going to court though, especially for this type of claim as it's differen to the usual "claiming for money" type action. Also, unless you're familiar with the court system, it can be full or rules and procedures, which can confuse some people.

Tony

Customer: replied 3 years ago.
Thank you very much
I will have a try via the act and expect to be granted access if the judge is sympathetic ......... hope it does not cost too much.
Finishing now thank you again
Expert:  tdlawyer replied 3 years ago.

Thank you for this. I hope this has been useful/good service?



I noted earlier that the you rated poor service. I do hope that you have now changed your mind so that I'll be credited from my time answering your question. If not, if there is anything more like can answer for you, to help change your view, and I will certainly do that for you.

Tony

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