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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I own a garage which is accessed via a single road , on one

Resolved Question:

I own a garage which is accessed via a single road , on one side there is a wall
Belonging to another business, I own this road and have had a sign painted on the wall for about 20 years recently after a dispute with the guy who has the lease for the building who has been there since 1997, not as long as the signs been there paid some people to paint over the sign on a Sunday when I was closed , I then reinstated the sign now he is taking me to the small claims court for the money he spent painting over my sign
Thank you Tony
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How long has the sign been there please?
Customer: replied 1 year ago.
The sign has been there in excess of 20 years
Expert:  Ash replied 1 year ago.
How much is being claimed?
Customer: replied 1 year ago.
The sum he is claiming is £285 for painting over the sign of course I have since repainted the sign and I am going to dispute and counterclaim for reinstating the sign and for costs of £300 what I need to clarify really is,
Is this man who leases his property which has had a sign painted on the wall which has been there longer than he has, has the right to come onto what is my land Without any notice or request on a weekend and paint over the sign .
Also on his county court claim form under particulars of claim
He states the defendant has without consent painted a sign on the claimants property promoting its business
Expert:  Ash replied 1 year ago.
Ok. Well the fact it has been there for 20 years gives you a right, he can't just paint over it. Therefore you can defend it on the basis you gave a Prescriptive as per the Prescriptive Rights Act.
It will be a small claim anyway, indeed you could counter claim.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Thank you for your help hopefully this will be sufficient
Tony Miles
Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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

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