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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a problem with my neighbour. Some years ago I won a

Resolved Question:

I have a problem with my neighbour. Some years ago I won a court case against them for breaking a party wall agreement. Ever since they have orchestrated a hate campaign against me. Theyve made complaints to the local council and the pension service although I can't prove this. The current problem I have with them is that they've allowed their garden to become an overgrown mess. Shrubs along the boundary blocking all sunlight from my garden and windows. Nothing now grows in my garden. The shrubs are 15feet plus tall and I cannot reach to cut them back. I am a disabled pensioner. These shrubs cause damage my fence which is within the boundary of my property. This has ruined my enjoyment of my property and causes me great nuisance. It may also affect the value of my property or deter would be buyers. Local council will not help and I am at my wit's end.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?
Alex

Customer: replied 1 year ago.
I've lived here for 35 years and for 30 had unbroken sunlight across their garden. I just want that back and to be able to enjoy my home.
Expert:  Ash replied 1 year ago.

Yes of course. Have you complained to the Council?

Customer: replied 1 year ago.
Did you read my first message? I said the council won't get involved..
Expert:  Ash replied 1 year ago.

Ok, sadly the only thing you can do is go back to Court. You can sue for the damage, get them to remove the damage to the boundary and seek a Court order they remove the blockage of light.

You would need an injunction and potentially you could argue this was also harassment. That means they are indirectly harassing you for doing this.

You would need to complete form N1:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The Court would list the matter for hearing and decide whether to make the order making him take this down and stop harassing you.
If the Court makes the order and he breaches it, this is contempt of Court and he would be warned, fined or sent to prison.

However I am surprised the Council are not doing anything, this could be anti social behaviour - therefore they could look at this.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
I thought the anti social laws or right of light and prescription act may help. Council say they only act where shrubs or trees are evergreen.
Customer: replied 1 year ago.
Would I need get forms from local small claims court?
Expert:  Ash replied 1 year ago.

Thats what I suggested the Anti Social Behaviour Act may help. High Hedges / Trees Act does apply to evergreens. If the Council refuse to help then you should complain to the Chief Officer of the Council. That department is independent of the main part and can consider your complaint.

If they do not uphold it then you can complain to the Local Government Ombudsman. They are a separate body from the Council and can consider your complaint. Their website is: www.lgo.org.uk

Its not a small claim - an injunction is not small claim, its multi track and you would need representation.

Does that clarify?
Alex

Customer: replied 1 year ago.
That would be county court? I don't wish to claim damages just get my rights enforced.
Expert:  Ash replied 1 year ago.

Yes County Court. It would be correct, you dont have to claim damages but it would still be County Court.
Does that clarify? Alex

Customer: replied 1 year ago.
many thanks Alex. One question and were finished. Do I have any chance of winning?
Expert:  Ash replied 1 year ago.

Yes based on what you have said.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks again. Tony.
Expert:  Ash replied 1 year ago.

Good luck Tony. All the best. Alex