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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My next door neighbour demolished my front garden wall. It

Resolved Question:

My next door neighbour demolished my front garden wall. It had been built at my expense with the agreement of the previous neighbour. My new neighbour demolished it and took the bricks and iron railings. He then established the new boundary with a cheap fence. The new boundary in placed half way along the double brick foundation showing that he took my possessions (bricks and iron railings) Our previous neighbour wrote a letter confirming that she agreed the building of the wall and that it was at my expense. The police refused to act when the demolishion took place as the neighbour said it was a boundary dispute. Photographic evidence is available. This has made me ill. I now have fibromyalgia. This has all happened over the last four years. Can I claim in the small claims court for the loss of the wall, the cost of rebuilding and for the stress it has caused me? Can I also go to the police with all the evidence and have him changed with theft?
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 :

Yes you can go to the Police as this is criminal damage

Alex Watts :

Yes you can also pursue this as a small claim

Alex Watts :

You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.


Alex Watts :

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf


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

Alex Watts :

If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex,

Alex Watts :

Hi

Customer:

Hi Alex, Thank you so much for your help. Just to clarify can I do both, take the matter to the police and also claim in the small claims court at the same time? I really want this matter finalised as its been going on since 2010. He keeps threatening me with court action as I refuse to let him have access on my land to do maintencance on his property. I keep saying when he acts reasonably and replaces my wall I will give him reasonable access. He refuses to do this and demands his rights of access. I am not denying access I am merely saying he can have it when he does the right thing. If he gets an injunction to gain access when I am the injured party it would seem very unfair. Sara

Alex Watts :

You first pursue this as a criminal matter

Alex Watts :

Second you then take him to Court if the Police do not resolve this.

Alex Watts :

Does that clarify?

Customer:

Yes thank you very much.

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