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Yes, if the deeds state he has responsibility then yes he would be liable.
If he is responsible for the wall then it is reasonable to assume he is responsible for the fence too
You need to get a number of quotes for getting the work put right - you then have a loss
You need to write and set out your losses and request a payment or they do the work within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not 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://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-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 matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Yes. The deeds state that is the case.
Does that help?
If your roots caused the damage then you would be responsible.
But he would need a surveyor report to confirm this.
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