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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Dear The attached property to mine is uninhibited and has

Resolved Question:

Dear

The attached property to mine is uninhibited and has been neglected, empty for many years.
Vegetation has invaded the interior and water ingress is causing damp in my property.

I cannot find the owner, local authority quotes the Data Protection Act to protect the owner.
Could I use the Freedom of Information Act to overcome this problem?

Regards

Hilary
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello Hilary,

You may carry out a search at the Land Registry, the title register will give you details of the owner of the property, see here

http://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/

Hope this helps
Customer: replied 3 years ago.
Thank you, ***** ***** 'said' owner is domicliled in Switzerland and the enquiries are not answered.
Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

Normally, the environmental health section of your local authority should take enforcement action against the owner of the property as it is an environmental health issue and the damp is affecting your property, the other thing you could do is get your property damp proofed and try and chase the owner in Switzerland to pay for this by possibly taking legal proceedings against them here and enforcing the judgement in Switzerland.

I really do not see how this is a Data Protection Act or Freedom of Information Act issue.

Hope this clarifies
UKSolicitorJA and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
I would like to begin legal proceedings against my neighbour to force them to take responsibility for their property would you advise this and how would I go about putting a case together.
Expert:  UKSolicitorJA replied 3 years ago.
I am afraid you really cannot force your neighbour to "clean up their house" so to speak but you may obviously take court action for any damage caused by their act or omission to your property.

The situation is made more complicated as the owner is not in the UK but Switzerland.

You may claim damages for damp proofing your property. I would suggest that you appoint solicitors if you decide to take court action.

All the best, please remember to leave feedback