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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My husband and I are pensioners. We bought a country cottage

Customer Question

My husband and I are pensioners. We bought a country cottage in 2001 next door to a little woodyard. All was well until April last year when the woodyard into a large Industrial site. We now have constant noise, forklifts, hammering, machines etc. Plus our lane is only 9 foot wide but the daily traffic includes HGV's ,trucks ,vans etc. Our hedges have been smashed and our cottage ,only 15 foot from the lane, is suffering with cracks in walls, bathroom floor collapsed, verandah floor collapsed due to slates on the roof moving and letting in rain. Plus the woodyard concreted all their land and as we live on the lower side of the hill we are getting all their run off so our walls are continuously damp inside and out. Our local council is not interested, we actually think that someone there has got a monetary interest in the industry, and we are now at our wits end. An estate agent has looked at the property and said we will not be able to sell it. We cannot continue living here as it is sheer hell but how do we get our money back to buy elsewhere. As I write this, doors and windows closed I hear the constant drone of forklifts and my health is now suffering. Regards, ***** *****

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

No problem. We can wait as this problem has been on going since April 2014 and we need legal advice as we are just getting pushed into a corner by Dover District Council.

Many thanks,

Penny.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What is it you want to achieve please?
Customer: replied 2 years ago.
Who is responsible for all the damage to our house and property, council or industrial site as the council allowed the industrial site to expand out of all proportion. We cannot continue living in our house as we are now worried that it may collapse . We cannot sell it due to the industrial site. How are we going to get our money back to buy another house? We are pensioners and so only have a pension to live on. We expected to live the rest of our lives here but that is now totally impossible. Hope this helps.
Expert:  Ash replied 2 years ago.
If your property is being damaged then you need to get a professional survey done to show what the damage is and what has caused it. You can then send a copy of the report to to industrial site owners. You can ask them to rectify the damage and stop the continual problems.
If they refuse then you can go to court. You would need to ssme proceedings using form N1 which is available online at
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
You also need to complete form N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
You are seeking an order for damages to the property as well as an order making them reduce the nuisance and the continual damage.
The documents will be sent to the other side and they will have a limited time to defend the claim. The matter will then be listed for a hearing and a judge will decide whether they have caused the damage but you can use the professional report you have had done to show they have.
You can also ask the court to limit their activities to prevent further nuisance and damage. Whilst you won't stop it all together the nuisance will be limited.
Can I clairfy anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex,

Thank you for the information I shall download the forms. What we would really like is either Dover Council or the industrial site, known as Dover Roof Truss, to pay us out for this property as damage is going to remain ongoing.We have got written and photographic evidence of blatant lies that have been told to us by Dover Council. Unfortunately we have not got a lot of spare cash and cannot afford to spend a lot of money. Also my husband has got cancer and this is not helping in his recovery at all.

Look forward to your reply,

Regards,

Penny

Expert:  Ash replied 2 years ago.
The council won't no, only the owner of the site or those causing the nuisance.
Alex
Customer: replied 2 years ago.

Hi Alex,

Sorry I did reply and did a rating. We are taking your advice and fingers crossed all goes well. Once again very many thanks,

Penny

Expert:  Ash replied 2 years ago.
Happy to help.
Alex