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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My troublesome neighbour keeps leaning her washing line props

Resolved Question:

My troublesome neighbour keeps leaning her washing line props against my fence despite being told not to do so. Please advise
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if the action is causing any damage to your fence please?How long has this been going on for?
Customer: replied 2 years ago.

I have trailing/climbing plants which she has damaged already; they are a most difficult family and have upset their entire street. This current situation has gone on for some weeks; I sent them details about 'Your Neighbour's Fence' last year and, till now, it has worked ok.

Expert:  Joshua replied 2 years ago.
Thank you. In the assumption that your neighbour has no legal right in her title for suport from your fence which is a very safe assumption then her leaning objects against your fence is an act of trepass and if she is causing damage then she is liable to you for the damage caused.In terms of how you can proceed you would need to be able to prove that the fence belongs to you in order to take action - this would require proof that you paid for it to be erected or that a previous owner of your property paid for it to be put up. If you can show this, if less formal approaches have failed to work, you can consider serving a formal notice on your neighbour requiring her to cease and desist in the particular activity you describe morning that failure to comply with your request will result in your considering issuing a claim for damage and injunctive relief requiring her to cease and desist in the future.Court action should not be underta***** *****ghtly as there are costs associated with the same and formal disputes between neighbours can have an impact on your property values but bearing these points in mind if you decide to take action, you will need to be able to prove ownership of the fence as above and provide evidence of the actions of your maybe you complain of. This could be in the form of a statement by you together with a log of events with times and dates and ideall pictures where possible or video records of her actions showing a regular trespass on her part despite your request that she does not do so. You can apply for an inuunction injunction using from N16A. The application fee is £245 though you can seek to recover costs if successful. COnsider that if the neighbour defends the application and appoints solicitors costs can escalate raising the stakes.http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402 If the court grants an injunction then the neighbour must obey the order or she will be in contempt of court and can be arrested and commited to custody ultimately. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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