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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My mothers property has been ruined by her neighbours property.

Resolved Question:

My mother's property has been ruined by her neighbours property. He was an old man and could not maintain his property. He has since died and the property is empty. His garden has invaded my mother's garden as his fences collapsed causing significant damage to her decking and attracting rats,mice and foxes where it is so overgrown. He also has a broken rear window upstairs and blocked gutters, my mother is now getting very bad leaks from her ceiling and the electrics have blown! What should we do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help with this.

Alex Watts :

Do you know who has control of his estate please?

Customer:

No idea. As far as we are aware he didnt have any family.

Alex Watts :

I would speak with the Council

Alex Watts :

They can see if anything can be done

Alex Watts :

But sadly in short if the person is dead you are kind of stuck

Alex Watts :

This is because any claim for negligence can only be made against someone or their estate

Alex Watts :

If they have died then it would be their estate

Alex Watts :

They will either have family or the property will go the Crown (you may have been Heir Hunters on TV?)

Alex Watts :

But contact the Council as they could get a property management order to get the property back into shape.

Alex Watts :

The downside is they could rent it to Council tenants

Alex Watts :

But at least it gets fixed

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

As far as we know the man owned the house. Would the council be obliged 2 step in. The house really is in a terrible state...

Alex Watts :

Obliged no.

Alex Watts :

It is a matter of discretion

Alex Watts :

You see its someone else's house - the Council can't be expected or have a duty to step into someone's house to tidy it up

Alex Watts :

But they can get a property management order and get it rented out to Council tenants. They have power to do that.

Alex Watts :

Does that clarify?

Customer:

If the council didn't want to get involved is there somewhere else we can turn to?

Alex Watts :

Sadly no.

Alex Watts :

You would need to contact who would now own the property.

Alex Watts :

That is the only other choice

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything else for you?

Customer:

Looks like we have a battle on our hands!! Thank you for your advice though.

Ash and other Law Specialists are ready to help you