How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Property Law Question Here...
Stuart J is online now

we put a hedge up 30 years ago inside out boundary line, on

Customer Question

we put a hedge up 30 years ago inside out boundary line, on our right hand side as we bought the propery from the council and it was open gardens then. we maintained the other side of the hedge because there was an elderly widow living there. in recent years a young couple have moved in. we own ours but they are a housing association house. we have had problems from them with loud noises. they have 2 dogs and 6 cats. we have cut the hedge once and have told them we expect them to trim their side now. we keep our side done regularly. Their dogs are now getting through onto our land. the cats are always fouling our garden. have asked them to keep their dogs on their property, but they say it is us that has to put a fence up, cause the hedge is nowing starting to get gaps in it.
Submitted: 3 years ago.
Category: Property Law
Expert:  Stuart J replied 3 years ago.


Is your question about noises,,

dogs or cats,



or them trimming the hedge?



What have the gaps in the hedge got to do with this apart from
allowing the dog through?

Customer: replied 3 years ago.

mostly about the dogs getting through and fouling our lawn. neighbour says we should look after hedge their side cause it is our responibility.

Customer: replied 3 years ago.

Haven't had a answer from you yet

Customer: replied 3 years ago.

Am I going to have an answer for my money

Expert:  Stuart J replied 3 years ago.




I am sorry, but this is not an instant service because we
are all solicitors in practice. We do not sit online 24/7. We all have clients
and court and other users on this site and travelling and weekends and evenings
etc. We are often on and offline all day every day. Sometimes therefore you
will get an answer in minutes and sometimes it is hours. The site does give the
impression that experts will answer in nanoseconds will unfortunately, the site
is hosted in San Francisco and we are all based in the UK and we have no
control over site content.

--------------------------------------------------------------------

They may like their side of the hedge looking a mess and you
cannot compel them to cut it nor can they compel you

You also cannot do anything about a cat because a cat is classed
as a free spirit and therefore it can come and go. Indeed, the cat can legally
wreck your house and garden and you have no claim against the neighbour.



If you harm the cat, you will be prosecuted for cruelty.



If you harm the dog you would also be prosecuted for cruelty
however the owner of a dog is responsible for the actions of the dog and the
dog fouling and generally making a mess and digging burying bones etc is
common-law nuisance.



This would be relatively easy to resolve by simply putting some
chicken wire along the hedge assuming of course that the dog will not jump over
the top or find another route in.



If you don't want to have the expense of putting offence or wire
up, you're remedy is to apply to court for an injunction to compel them to keep
their dog under control. A solicitors letter warning them that if they do not
do so, you will apply to court for an injunction to compel them to keep the dog
under control and you were last the court to award costs against them.



There is always a risk with litigation and it is probably going to
be more risk-free and cheaper to put the fence of yourself and it is to go to
court although, if you do go to court, you will probably indeed get the costs
awarded against the neighbour. You can also threaten an action against the
landlord for allowing this to happen.



Does that answer the question? Can I assist further or answer any
specific queries?



If you have not done already, please don't forget to positively
rate my answer service even if it was not what you wanted to hear. You should
now see a series of buttons which enable you to rate my answer service
formally.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.

The thread does remain open for me to answer follow-up questions after rating
my answer service.

Rating doesn't close the enquiry at
all even though the site may give that impression. It remains open for you to
read and ask for further clarification.


Regards.



PS Experts on here are online and off-line all day each day and
weekends so please bear with me if I do not get back to you immediately.



PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
hear me correctly and you will get an incoherent word. I do try to but
sometimes they slip through. I apologise therefore if anything doesn't make
sense. It is me losing it, not you. Just ask if anything is not clear please.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions