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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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Hi hope you can guide me. I have a neighbour who put conifer

Resolved Question:

Hi hope you can guide me. I have a neighbour who put conifer trees on her boundary line. She the put up a fence the other side and did not assume responsibility for the trees. So they were pulled up (my mistake). Neighborough then drew in paint a 5ft black line on my wall on the assumed boundary. After many letters to neighbour she has agreed to move fence - but has not as yet, I replaced the conifers in good faith and also apologised. Neighbour admitted painting line on wall as was angry and has since undertook a bad job removing the line from the wall.
I am looking at my options as looking to get rid of the property. I know I will have to declare any dispute and any outcomes / resolution therefore probably resulting in loss of property value. As far as I can tell I have not got many.
Firstly if I put up a new fence and ignore neighbour I would have to go to a huge expense of putting up a fence I do not want or need. If I did could I claim from neighbour for this expense? If I were to put up the fence would the intubation just be resolved?

Secondly, establish the exact boundary line to see if the damage is to neighbour side or mine. If my side damaged, would there be any any legal options for compensation, repairs and for damage to my property?

Thirdly, could I employ a contractor to make good the damage and bill the neighbour for the expense. It'd neighbour fails to pay where do I stand then?
Submitted: 2 years ago.
Category: Property Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

In answer to your questions, I do not see that you have a right to put up a new fence and claim the expense of that back. Not unless you both agreed that this is what you would do.

Customer: Ok
tdlawyer :

If your fence is damaged, then yes, there is an option open to you for seeking compensation.

tdlawyer :

This is on the basis that it's trespass to your property that causes damage, and you're entitled to claim for that.

Customer: If I just pay for the fence and not claim
Customer: there was no fence in the first place
Customer: And it is the wall to the house that was damaged
tdlawyer :

Sorry, wall, if any damage caused to it, then it's something that the person causing the damage has to pay for to put right absent any award/court order to the contrary (or agreement to the contrary).

tdlawyer :

If the wall actually divides the properties though, it will be a party wall most likely.

tdlawyer :

This means, if you have works that need to be done to it, you should engage the party wall act procedure.

tdlawyer :

This is where a surveyor is appointed in the event of dispute with your neighbour who will say what needs to be done and who should pay for it.

tdlawyer :

You can find guidance on the PWA procedure here: https://www.gov.uk/party-wall-etc-act-1996-guidance

Customer: So if I engage a surveyor they would establish the boundary line
tdlawyer :

Yes, it should do.

Customer: Do I need to get a land registry pack as we'll
tdlawyer :

The surveyor will most likely do this for you.

tdlawyer :

Most people aren't familiar with land registry workings etc., so they tend to do it all.

Customer: That a land surveyor I need then?
tdlawyer :

Yes, that's right, but to be honest, most surveyors of any description can deal with this type of thing!

Customer: Ok thanks.
Customer: Would my insurance legal team assist
tdlawyer :

They might do, yes, it depends on the scope of the policy you have, but it's worth asking them.

tdlawyer :

Are you happy with the service today please?

tdlawyer :

Does this answer your question please?

tdlawyer :

Are you happy with the service today?

tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
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