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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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malicous damage

Customer Question

my next door neighbour has removed a section of my fence that juts out and cut my concrete path approx 500mm x 3 m with a stillsaw and repositioned the fence so that it is straight . I paid for the fence materials and its erection . I have reported him to the police and asked them to press charges for criminal damage and theft. The police are currently investigating this .He he has shown them the title deeds that show the boundary as a straight line. As we know boundary lines are general detail and title deeds are not intended to show defintive boundary lines . I have removed the fence panelling but left the posts for now. He is threatening to reinstate the fence panelling because the police have not pressed charges as yet. My insuranace company has agreed to pay for the reinstatement of the fence / make good the concrete path back to their original position and intend to sue him for malicous damage and full reimbursement but I am concerned that he will dismantle them again. I have now installed CCTV to record such events . Will I be breaking the law if I dismantle the new fence panels and posts?  I have told him that he needs to go to court to legally prove that the boundary is incorrect and receive authorisation to do anything like this. There have been no boundary disputes to date. I have lived there for 8 years and the presvious owner 7 years with no recorded disputes being flagged as part of the conveyancing process . He bought the property about 6 years ago as a rental invetsment and the boundary was not a problem until now because he wants to move back in or sell on. He is claiming that he has access problems which is nonsense.

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 :

Did you report the damage to the Police please?

JACUSTOMER-x49gqe2f- :

Yes – I have reported the incident to the police as criminal damage and theft

Alex Watts : Ok. What is it you want to achieve? The cost of the damage?
Expert:  Ash replied 2 years ago.
I am told you can not see our chat, is this better?
Customer: replied 2 years ago.
Yes - I want to ensure he is chared with criminal daage and theft and has to pay for reinstatement. I understand that the insurance company will pursue him for these costs. I also want to make sure that he does not even think about doing this again
Expert:  Ash replied 2 years ago.
What is the costs of repair?
Customer: replied 2 years ago.
Alex
I have not had an offical quote as yet so difficult to provide a cost
Expert:  Ash replied 2 years ago.
Roughly?
Customer: replied 2 years ago.
i would say about £600 - £700 as i want the new fence section to be much more difficult to remove and it will be much more resistant to malicous damage
Expert:  Ash replied 2 years ago.
You need to report it to the Police as criminal damage and also get a number of quotes for getting the work done -this forms your loss.
You need to write and set out your losses and request a payment 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.
If they do not rpay 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
Customer: replied 2 years ago.

can I do this as well as claiming on my insurance ?

How much does small claims process cost

Thanks

kevin0

Expert:  Ash replied 2 years ago.
The Court fees are listed here:
https://www.justice.gov.uk/courts/fees
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Customer: replied 2 years ago.
No - thank you
Expert:  Ash replied 2 years ago.
Great. If I could invite you to rate my answer before you go, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex

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