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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Neighbours ivy has badly damaged and pulled down dividing garden

Customer Question

Neighbours ivy has badly damaged and pulled down dividing garden wall. It is very dangerous and will be completely demolished. Thank you.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Who owns the wall please?

JACUSTOMER-79crxu1u- :

Not really sure as the wall is verymold and it does not show who owns it on the deedsThank you

Alex Watts :

But it was because of the neighbours fault?

JACUSTOMER-79crxu1u- :

Yes. Their ivy has invaded everywhere knocking down a fence and even invading our garage.

Alex Watts :

Ok -wont they repair or rectify it?

JACUSTOMER-79crxu1u- :

No. They have simply ignored gthe whole terrible situation as the house is up for sale.They have lived there for 13 years and nothing has been done to the garden which they own since they purchased the property. Thank you.

Alex Watts :

You need to get a number of quotes to get the work done and repaired. You pick the cheapest and this forms your loss

Alex Watts :

You need to write and set out your losses and request a payment or work done 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.

Alex Watts :

If they do not 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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-79crxu1u- :

No, thank you very much. You have helped me a great deal and I have a lot to go on. Best Wishes and take care.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to leave feedback before you go today

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