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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9199
Experience:  I have been practising for 30 years.
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Rao. I have a question on approved planning. My neighbours

Customer Question

My name is***** I have a question on approved planning. My neighbours have broken down my house's boundry fence and built a wall/fence to raise their garden level, which has made over looking and overbearing into our house and thus us loosing our privacy. Can you please help me as to where I stand if I break this wall/fence ?
Submitted: 11 days ago.
Category: Law
Expert:  F E Smith replied 11 days ago.

Thank you for your question - were you forwarned about this by anyone?

Customer: replied 11 days ago.
No. They were supposed to write a letter to me before starting work as to how high they were going to go with this wall/fence. The work was started before hand
Customer: replied 11 days ago.
Before we go any further please tell me how much is it going to cost me
Customer: replied 11 days ago.
Hello I have decided to cancel every thing . I am not in a position to pay you more than the £38 you have already charged me for not even answering my question.
Expert:  F E Smith replied 11 days ago.

I don’t deal with money, I only deal with answering questions. You asked for a telephone call and there is an extra cost for a telephone call. I will just deal with this within the original fee and you will need to email admin about refund of the cost of the telephone call.

You ask where you stand if you break the wall/fence. The neighbour can refer the matter to the police with a view to having you prosecuted for criminal damage. It is as simple as that.

If you want them to remove whatever it is they have put then you can only apply to court for an injunction if it causes a nuisance or they have been negligent. You cannot take them to court for breaching planning consent, that is a matter for the Local Planning department.

With regard to them having broken your fence, assuming the fence is yours and not jointly owned, that is also criminal damage and is a matter for the police.

Can I clarify anything else for you?

Customer: replied 11 days ago.
To administration department. Please take this email as to cancel my telephone request and refund me my money. Also £38 I paid you for the answer, which I expected would be all I pay for my Question , please refund me this as well. Thanks

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