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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : So the new fence is not encroaching on your land at all please?
JACUSTOMER-5kec9vo9- : No
Alex Watts : What do the deeds say?
JACUSTOMER-5kec9vo9- : It's his boundary and obviously he is responsible for maintaining it. But it looks worse for me now than before
Alex Watts : ok. Well you can't do anything about the new fence.
Alex Watts : Is the old fence on the boundary or his side?
JACUSTOMER-5kec9vo9- : On the boundary exactly but it is falling over more now because of the new fence
Alex Watts : Ok, if it is his and he has responsibility then you can ask him to remove it.
Alex Watts : If not then you should get a quote for having it removed, this forms your loss.
Alex Watts : You need to write and set out your losses and request a payment or he removes it within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you or remove 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.
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?
Alex Watts :
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