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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hello my neighbour had a fire which affected my house but the

Resolved Question:

hello my neighbour had a fire which affected my house but the insurance couldn't claim off her even though she was insured so my premium went up then she had a flood caused by the fire having burnt off the insulation on her pipes. Again my insurance made me claim not off her insurance. we have been unable to contact her as she refuses any letters from her insurance and ours and from me. We have lost a considerable amount of money caused by these issues and her house is now derelict and she won't reply to any form of letter trying to sort this amicably. Her house has now been abandoned since June 22, 2012 which has detracted value from my home. Am I able to claim for this or take the property as the value via adverse possession we are a semi dethatched adjoined to her.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Just to confirm she has not been in possession since June 2012 and not before?

Customer:

She still owns the house but has not had any residence their since June 2012 when the fire took place before this she lived there for 20+ years.

Customer:

The house now in inhabitable and all the burnt contents rubbish etc. are still in there. She was in the news papers as a hoarder and we think this is why she will not come back and sort the issues out. Please see http://www.westbriton.co.uk/Hoarder-warning-Camborne-house/story-16434394-detail/story.html since this was published and it was on the news she refuses any contact to do with the house and as far as we are aware still does even her loss adjuster has been here trying to contact her.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

You can't claim adverse possession. You need 10 years of exclusive access to the property to claim that.

Alex Watts :

However you can do several things:

Alex Watts :

1) Complain to the Council

Alex Watts :

They can get a property management order

Alex Watts :

This is where they decorate the house and let it to a Council tenant.

Alex Watts :

2) Take her to Court

Alex Watts :

What you can do is sue her at that address for the shortfall

Alex Watts :

Obviously she wont respond if she has moved out

Alex Watts :

But the court are just concerned that she was served at her last known address

Alex Watts :

Once you get a CCJ for the damage and costs then you can get a charge on the property, this makes the debt secure

Alex Watts :

Once you have a charge on the property then you can apply to the Court for an order for sale

Alex Watts :

This then sells the house, which you will have an opportunity to buy and pays the debt to you

Alex Watts :

So those are the two options: Council for a property management order, or Court

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

would we get the first option to buy ? if an order of sale was inforced ?

Customer:

and would the monies owed go against the cost ?

Alex Watts :

No you wouldn't get the first option necessarily but you can express an interest.

Alex Watts :

And yes, monies would go against the cost

Alex Watts :

But if there is a mortgage, they would have first charge so paid out first, then if you are second charge because of the CCJ you would be next etc

Customer:

Fantastic There is no mortgage on the property. Thank you for the clarification.

Alex Watts :

Can I help with anything else today?

Customer:

no that's great than you and I will start the wheels in motion to Take her to Court.

Alex Watts :

If I could ask you to try and rate again - I have unclicked the box - thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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