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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbor has had a new fence panels to their taste to

Resolved Question:

My neighbor has had a new fence panels to their taste to replace our party fencing without any verbal or written notification to ourselves. What can we do?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Do you jointly own it please?

Customer: replied 1 year ago.
The original fence and posts yes
Expert:  Ash replied 1 year ago.

Ok - why have they done this?

Customer: replied 1 year ago.
for their own esthetic reasons
Customer: replied 1 year ago.
we came home to find men working and the original fence broken up and disposed of so we couldn't tell them to stop
Expert:  Ash replied 1 year ago.

OK - what is it you want to achieve?

Customer: replied 1 year ago.
do we have recourse to have the fence removed and a jointly acceptable type of colour and design fitted.
Customer: replied 1 year ago.
Do we have any recourse, my original question was "what can we do"
Customer: replied 1 year ago.
The deed indicate we should have been involved in writing but they appear toothless
Customer: replied 1 year ago.
should have read property deeds
Customer: replied 1 year ago.
are you still there?
Expert:  Ash replied 1 year ago.

Yes I am just typing my response.

Expert:  Ash replied 1 year ago.

OK - I can say it is a criminal offence, criminal damage. This is because the neighbour has destroyed property belonging to you (and them) but it is criminal damage.

As for what else you can do, you can take your neighbour to Court, get another fence installed if you dont like it or just claim loss and compensation.

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks, ***** ***** or less assumed that would be the case but good to have a qualified opinion and worth the money
Expert:  Ash replied 1 year ago.

Thanks. Happy to help