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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbour has built a wall on my drive. It is not level.

Resolved Question:

My neighbour has built a wall on my drive. It is not level. I asked him to remove it on many occasions and the last time was when the postman reversed his van and knocked some of it down, which was a few weeks ago. The property is rented and the owner,who had the wall built, does not live locally. I asked him what he was going to do about the wall after the postman knocked it down, he said that the wall was OK. I replied it was not, it was near where I park my car and if it toppled over it would damage my car. He said he would get someone to repair it. I asked him to get the person who was going to repair it to take it all down and build a level wall on his property not on mine, a wall which would pass building standards, as the wall was over 4inches on my drive. He did not reply. I went out for the day with a friend about 2weeks later and found when I came home that evening he had just repaired the wall, still on my drive. I hope you can help me get rid of this unsightly looking wall on my land.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Have you contacted the owner to explain the position at all please?
Customer: replied 2 years ago.

Yes I spoke to him after the postman had damaged the wall. He does not live locally, but his grandson goes to the school which is near me.

Expert:  Ash replied 2 years ago.
Ok. You need to get a Solicitor to write and ask that he, as Landlord take steps to remove the wall within 14 days otherwise you will go to court.
If he refuses then you can issue proceedings to get it removed.
You would need to complete form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The Court would issue the claim against the Landlord who can defend it. If it is defended then the Court will list the matter for hearing and decide whether to make him remove the wall. If the Court does and he refuses then this is contempt of Court and he would be warned, fined or sent to prison.
Any legal costs you incur you can seek to recover as well.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

I have been to see a Solicitor, he gave me 30mins no charge to listen to my case. To go ahead with any Solicitor it would cost me anything from £350 just to open a file. Being a pensioner I have not got that money to do it.

Expert:  Ash replied 2 years ago.
I see. You could do this yourself as you would be entitled to fee remission.
You could always seek assistance from the Citizens Advice as well.
I hope this helps.
Alex
Customer: replied 2 years ago.

I have been to citizens advice many weeks ago. They told me that if the deeds showed he had built the wall on my land I was in my rights to knock the wall down. I then went to see a Solicitor just to make sure this was correct. Citizens Advice gave me a telephone number for Solicitors who are a charity and act for you. They are called Law Works Charity. I have been trying to contact since Citizens Advice gave me their telephone number but there is a message on their line saying they are on Hiatus. This has been going on for weeks. I am going round in circles. I do not know how I am going to get this unsightly looking wall off my priperty

Expert:  Ash replied 2 years ago.
The only problem is he may call the police. He could argue its criminal damage.
But if you are happy to take the risk then you can knock it down. I would always say to be sure get a court order.
Does that help?
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex