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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My neighbours dog keeps getting through their fence and into

Customer Question

My neighbours dog keeps getting through their fence and into my house, destroying my cat flap and causing other damage. Whilst they repair the damage I didn't say much but they now refuse to maintain their fence or pay for any dmaage their dog does to my garden. They are also very abusive and threatening towards me when I complain. I have called the police 3 times in 5 months to them as I have felt very threatened but they say they cannot do anything. We have a shared drive and they do not maintain their side, they walk on mine very close as they can't walk on their side, it is covered in very high weeds. What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this.

Alex Watts :

Have they said why they refused to do anything? Have you spoken to the Council?

Alex Watts :

What did the Police say?

JACUSTOMER-7bxiechy- :

I have e mailed the animal wardens at the council twice and they have not replied. My neighbours said my son climbed on thefence when he was 5 and that is why it is broken. My son is now 23!! The fence is rotten. The first two sets of police officers that came said that it is unsocial behaviour and criminal damage if their dogs damage my property and said they would tell them that. The third police officers that came on Sunday said it wasn't criminal damage and they could not force the neighbours to do anything and they could not do anything to help me. My neighbours are now gloating and every time I see them they should we ahve not been arrested

Alex Watts :

In terms of their fence then sadly you can not make them repair it.

Alex Watts :

It is their fence they can choose what state for it to be in

Alex Watts :

However any damage caused as a result can be claimed from them.

Alex Watts :

Further you could, if you wish put a fence on your side of the boundary.

Alex Watts :

But you need to get estimate of costs to repair as this forms your loss

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 recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

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.

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.

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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