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leanne-jones
leanne-jones, Barrister
Category: Property Law
Satisfied Customers: 183
Experience:  Barrister
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My neighbours refuse to fix their broken fence. I live in

Customer Question

My neighbours refuse to fix their broken fence. I live in a terraced property. I have been asking politely for the last 2 years with no effect. It is causing me a great deal of upset and it appears that there is nothing I can do.

Please don't tell me to do the repairs then send them the bill because they won't pay me back!!
Submitted: 3 years ago.
Category: Property Law
Expert:  leanne-jones replied 3 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

You should contact the Council. They can come out and see what state the property is in.

As such they can ask the neighbour to improve the property and ask them to fix the fence.

If they refuse to fix the fence then you could issue proceedings against your neighbour. You have a right to have your property and fence secure as I am sure there is a covenant on their property saying they are responsible for it.

You could do this in the small claims Court and ask the Judge to order that the fence is fixed, if it is causing you problems. You could issue a claim online at: www.moneyclaim.gov.uk

I hope this answers your question but if I can be of any further assistance please let me know.

Customer: replied 3 years ago.

I had already spoken with the Council who said that they did not deal with fence issues.

Customer: replied 3 years ago.

I contacted the Council but because we are owner
occupiers and not living in council owned properties, they said that they
did not deal with our kind of issue and that it was a 'neighbour dispute'.

Expert:  leanne-jones replied 3 years ago.
Sadly then you would need to issue proceedings and ask the Court for an order for specific performance - that is to make the neighbour do something.

You could issue a small claim though.

I hope this assists you.

Customer: replied 3 years ago.

How do I issue proceedings and ask the court for an order please?

Expert:  leanne-jones replied 3 years ago.
You need to complete form N1 and hand it to your local County Court with an issue fee, unless you are entitled to fee remission.

The form is found here:

http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

I hope this answers your question and if I can be of any further help please do not hesitate to contact me.

Expert:  leanne-jones replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?


Leanne
Customer: replied 3 years ago.
Hello
Thank you for your reply. I have printed the Claim Form N1 from the internet but I am not sure when to use it. It is kind of sparse. Do I pay for the repair of the fence then use this form to claim back the money in case my neighbour refuses to pay or do I use it to ask the Court to make an Order for my neighbour to repair the fence? The form looks like it is for claiming money I have spent and as I told you, I do not believe that they will pay me and, in any case, the value might be too small to go to Court for.

Thank you for your assistance.

Expert:  leanne-jones replied 3 years ago.
Its a matter for you. Clearly you dont want to outlay so I would get an order requiring the neighbour to carry out the work.

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