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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have a rental property. My neighbour there has recently

Resolved Question:

I have a rental property. My neighbour there has recently built an extension; in the course of building it he knocked down our boundary garden wall, which is now lying in a heap of rubble. I have written him several letters but he is ignoring them. How do I proceed?
Susan Jenvey
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
Hello my name is ***** ***** I am happy to help. Have you obtained an estimate from a builder to have the wall repaired?
Customer: replied 1 year ago.
I haven't got an estimate yet, no.
Expert:  Alice H replied 1 year ago.
I recommend that you obtain two statements from reputable builders first of all. Then you need to determine whether the wall is your responsibility to maintain - your deeds will help you identify this or you may know already - if it is your responsibility you need to contact your neighbour and ask him/her to repair it. Send the estimates. If the neighbour refuses to cooperate you should sue in the County Court for the cost of repairing the wall and get the job done by the builder. If the wall is your neighbours responsibility you can obtain an injunction to get m to put the wall right and sue for damages for any nuisance that your have suffered. It's always best to avoid litigation if possible so if you can speak to your neighbour and resolve the matter amicably that would be better, otherwise you will have to resort to legal action unfortunately.
Customer: replied 1 year ago.
I'm trying to talk to him, but he is making himself unavailable. I don't even know whether he is living here permanently any more.
Customer: replied 1 year ago.
Sorry, another query. I have my deeds, but how can I tell from them whether it's my responsibility or his?
Expert:  Alice H replied 1 year ago.
OK. I have reviewed your question and seen that you live in a rental property. Structural repair is usually down to your landlord to resolve - have you discussed the matter with your landlord?
Customer: replied 1 year ago.
I am the landlady; that's why I have the deeds! Because I am not resident in the property, it is harder for me to find out if the neighbour is resident permanently there or not.
Expert:  Alice H replied 1 year ago.
I understand. If you're unable to contact the neighbour then send a letter by recorded delivery and keep a copy. Give him 14 days to resolve the problem or offer a solution. If after that time you here nothing, commence legal proceedings in his name. Once he receives the court papers he may respond to you - if he does not then judgment will be registered against him making it difficult to obtain finance etc at which point he will get in touch. Without looking at the deeds I can't tell you which side of the property is your responsibility unfortunately. The general rule is that you are responsible for the boundary to the right of your property.
Expert:  Alice H replied 1 year ago.
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