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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi. My neighbour has just cut down a wood on the edge of my

Resolved Question:

Hi. My neighbour has just cut down a wood on the edge of my land about one acre and taken the timber away but has left a lot of trash i.e small branches and wood chippings and debris. I am on a flood plain and know from experience that when the land floods in the winter up to 3 feet high that this trash will float onto my land because the wind is predominantly westerly towards my property. I have about one acre of mown grass and know that this will take a lot of clearing of any debris in the spring. Can you tell me who will be responsible for the clear up. I have written to the owners expressing my concerns but have not heard anything to date. Regards Mike
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Mike my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know who owns the land that he has cut down?
Customer:

Hi. I live at Castle Hedingham Essex and the owner of the Castle owns all the woodland around my property Mr J Lindsey. He has an agent who is dealing with the removal of the timber. I have written to the agent about my concerns.

Alex Watts : Ok. So did the person who cut down the wood have permission?
Customer:

Yes

Alex Watts :

Ok - they are responsible for the cost of clearing the rubbish up.

Alex Watts :

You should get a number of quotes for getting this done -this forms your loss

Alex Watts :

You need to write and set out your losses and request a payment or the work cleared 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 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?

Customer:

Ok Thank you. You have confirmed that they will be responsible for a clean up should it be needed which has answered my enquiry.

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