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Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2847
Experience:  Partner in national law firm with 20+ years legal experience
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my neighbour has attached a 9ft gate to my garage without permission-my

Customer Question

my neighbour has attached a 9ft gate to my garage without permission-my house is now link detached not detached- i require a legal letter sent to him asking him to remove thishow can you help please
Submitted: 2 years ago.
Category: Property Law
Expert:  Nicola-mod replied 2 years ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 2 years ago.

yes please keep trying to get me help with this

Expert:  Nicola-mod replied 2 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Expert:  Alice H replied 2 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

Are you able to describe in a little more detail or attach sketh plan showing what's happened?

Expert:  Alice H replied 2 years ago.
Good morning

Do you still need help?

Expert:  Alice H replied 2 years ago.
Thanks for the sketch plan which I received by e-mail.

I can see that your neighbour has fixed the gate to your building and presumably in doing so has caused some damage to your wall.

When this type of work is carried out, your neighbour is required to give notice under the Party Wall etc Act 1996. The Act obliges your neighbour to serve formal before works start, allowing you time to seek professional representation by appointing a surveyor and agree how the work should be done. As your neighbour has not done this, they are in breach of the Party Wall etc Act 1996. This is in addition to your rights under common law which state that your neighbour must not behave in a way that causes "nuisance" and must not trespass on your property.

You have the right to

1. Seek compensation for the damage caused to your wall and for repair;

2. Seek an injunction against your neighbour for the removal of the gate and to restore the property to its original state.

I recommend you right a letter to your neighbour in the terms mentioned above and ask them to put right the damage caused within 14-days. If they fail to do this, your next step is to start legal proceedings in the County Court: if you wish to take this next step then I can help point out the paperwork you need. Although you can instruct a solicitor to assist to write the letter and start proceedings, this could be quite costly and there's not guarantee of recovering the money from your neighbour. If you do want a solicitor to write a letter you can get a list of people in your area from the Law Society on 0207 242 1222.


Customer: replied 2 years ago.

yes please if you can help me with the paper work you suggest above

regards carol

Expert:  Alice H replied 2 years ago.
You can obtain a claim form from any county court or online at:

You'll need to complete this form and send it to the county court with the appropriate fee. Details of up-to-date fees can be found at:

Once you've done this, the county court will send it to the defendant, who'll have 14 days in which to enter a defence. If they send the county court an Acknowledgement of Service, this time is extended. If the defendant doesn't respond in the time given you may ask the county court to enter judgment in your favour.

If the defendant does respond, the county court will send you and the defendant an Allocation Questionnaire. This must be completed and returned to the county court by the date on the front. This document gives the court more details about the claim, whether there are any witnesses or experts, and availability of the parties so the court can arrange a trial.

he hearing – or trial – is public and anyone can attend. They're designed to be more informal than other types of hearing, but a degree of respect and courtesy should still be shown to the court and the judge.

Often a hearing takes place in a judge's chambers rather than a formal courtroom. Chambers is the judge's office, which has the judge's desk and a separate table for the people involved in the hearing. This is often set out like a boardroom to allow all parties to sit facing each other, with the judge at one end of the table.

The judge has the discretion to deal with the matter in any way they deem fair and reasonable. In most cases, however, the judge first asks the person bringing the claim the circumstances of the issue and what they hope to achieve by bringing the claim. The judge may ask further questions following your reply.

The judge would then usually ask questions of the defendant. You may then be asked further questions once the defendant has spoken.

It's important that you don't interrupt the defendant, or indeed the judge, no matter how strongly you may disagree with what's being said.
At the end, the judge will give judgment and reasons for the decision. Once given, the judgement is the final say in the matter and the judge should not be interrupted or their judgement challenged by either party. The county court will send a copy of the judgment to you and the defendant after the hearing.

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