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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Hello I have a neighbour who has painted my fence her side

Resolved Question:

Hello I have a neighbour who has painted my fence her side states that, she has not damaged the fence in anyway and legally speaking, and that I have not suffered any loss or damage to her side of the boundary fence! I have the title deeds to my home where it clearly shows a T to this fence, I have sent 2 letters to her, she has only just replied to this one as I mentioned that I would progress to small claims court, and in this letter to me she says that I run the risk of loosing this case and face significant costs? I have sent 2 letters stating she cannot paint etc my fence, the thing is she has been a problem neighbour for some time parking in front of our drive blocking it deliberately, took bricks from under our back fence was made to return them by police, taking videos and photos of us and we agreed to sign a good neighbour agreement with her but now she has painted out fence! Really at the end of my tether with this Lady!

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** 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 cost of your loss or repair please?

£88.50 = 3 fence panels + delivery, and we would do the work ourselves!

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?

Hi so would you clarify please, she states in her letter " I have not damaged the fence in anyway and legally speaking you have suffered no loss or damage as a result of me painting my side of he boundary fence" is she legally liable for painting our fence and is it damaged? Thanks

Alex Watts : If the fence has been painted, it is damaged.
Alex Watts : Can I clarify anything else?

No thank you very much for your answers!

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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