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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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I live in a row of four terraced houses. My next door neighbour

Resolved Question:

I live in a row of four terraced houses. My next door neighbour has dug up my garden to try to find the cause of a blocked soakaway. I contacted my insurance company to find the cause and they found it was silted up. They believe this is the cause of neighbours blocked soakaway. But I am now left with an open excavation in my front garden (Depth = 0.5m, Length 1.5m). Can I apply to Small Claims Court for compensation for this wilful damage action?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is***** should be able to help you with this.

tdlawyer :

Did you give your neighbour consent to dig up your garden to investigate the cause of the problem?

Customer:

No I did not give consent. My neighbour asked me to cut back my shrub in order for their builder (who was installing a new bath at the time) to look at the bottom of the rainwater drainpipe where it entered the ground. I did cut my shrub right back to ground level to assist them and have since used weedkiller on the remaining roots so that it will not grow back. However, the builder then proceeded to dig out to the bottom of the drainpipe while I was not at home. I have no idea what was encountered by the builder. I now have an excavation which has left my in-coming water and electric supply pipes exposed, together with a (presumably) unearthed earthenware 'elbow' bend and a pvc collar attachment. The builder has since left the next door premises leaving me an open excavation in an area where neighbouring children play. I purchased some soft sand to cover the exposed pipes but have placed the bags of sand over the pipes for the time being as the Drainage Engineer from Homeserve believed that my re-instatement of the excavation would make my neighbour believe I accepted responsibility.

tdlawyer :

Okay. If you did not give consent to your neighbour to dig up your property, then that will likely be considered to be trespass. As such, if you need to incur costs to put the damage right, you should be entitled to claim that from him.

tdlawyer :

So long as the sum is less than £10,000, it should be allocated to the small claims track.

tdlawyer :

This would mean that, even if you lost, you would not be ordered to pay lawyers fees.

tdlawyer :

It is also very quick and informal process.

tdlawyer :

You can issue proceedings online, for any costs that you need to recover, at the following address: www.moneyclaim.gov.uk

tdlawyer :

Does this answer your queston today? Would you like me to focus on anything specific for you?

Customer:

Thank you so much for your help and for the address I need to pursue recovery costs.

tdlawyer and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Dear TDLawyer,

Would you be able to formalise a letter i have completed and send it to my
neighbours?
What would the cost of this be, please?

Kind regards,
Margaret