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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4043
Experience:  Solicitor
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MY NEIGHBOUR HAS WITHOUT PERMISSION ERECTED A 6-FT HIGH

Customer Question

HELLO,
mY NEIGHBOUR HAS WITHOUT PERMISSION ERECTED A 6-FT HIGH WOODEN FENCE AROUBND 10 INCHES FROM MY KITCHEN WALL, WHICH IS MAKING MY HOUSE DAMP - AND AGGRAVTED BY FACT THAT NEIGHBOUR'S OVERGROWN JUNGLE IF TREES KEEPS FILLING MY GUTTTERS - AND CAUSSING FLOODING IN MY KITCHEN AND ADJOINING ROOMS.
pROBLEM AGGRAVEATED BY FACT THAT NEIGHBOUR HAS PUT UP A STEEL GATE WITH A LOCK, AND SHE REFUSES TO GIVE US THE PASSWORD ***** ENTER.
nOW i EAR SHW IS SELLING THE PROPERTY. i BELIEVE IT IS A FACT THAT THE VENDOR HAS TO ALEERT POSSIBLE PURCHASERS WITH ANY DISPUTE AFFECTING THE PROPERTY. bUT WHAT IF SHE DOES NOT DO THAT. hAVE I RECOURSE IN LAW? tHANKS IN ADVANCE
***** *****
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

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

Have you had a survey done to confirm the damp is coming from your neighbours property please?

Customer: replied 10 months ago.
Jamie, in response - No official surveyors report, but I omitted to mention that our neighbour's fence bars us from access to our drains and more importantly our gutters as their overgrown trees overhang our kitchen wall and continually shed leaves into our gutter which clogs it and the overspill water runs down our internal walls in the kitchen. And it is a major prob to get the the walls to dry out - as the leaves problem is continual from now till spring. Hope this is clear. ***** *****
Expert:  Jamie-Law replied 10 months ago.

You should get a report - this will show if there is damp, the cause and how it is to be treated.

If this is because of your neighbour then you can disclose the report to him and ask to carry out the required works at his cost.

If he refuses then you can issue proceedings to make them carry out the required works. You would need to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

And N16a:

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

The Court will list the matter and decide whether to make the neighbour do the work. As you have already had a survey then you can use that.

If the property is going to be sold you can contact the agents and let them know there is a current dispute which needs to be disclosed to potential buyers.

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 10 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

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