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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, We own the 6 ft high wooden fence at the bottom of our

Resolved Question:

Hi,
We own the 6 ft high wooden fence at the bottom of our garden. The previous owners of the adjoining property attached some trellising to it without our permission. Do we have the right to ask the current owners to remove it and make good any damage?
Additionally, the adjoining neighbours are growing vegetation right up against this fence to way above the fence's height. This will not only shorten the life of the fence, it overgrows into our garden and blocks our view of the sea.
We have discussed this with them and they have not cut the vegetation down to fence height. They seem to want a dispute. They know full well it is making us unhappy.
Is there anything we can do to stop them from doing this?
Regards,
Justin
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this.
Alex Watts : Nothing can be attached to your fence without permission. This would be criminal damage so yes you can ask that it is removed.
Alex Watts : As for vegetation they can have it up to the fencing. Unless it is actually physically damaging the fence you have in right to ask that it is removed.
Alex Watts : Any parts of the vegetation that is overhanging you have a right to cut that back, to their boundary line. But you must offer those cuttings back as it belongs to them
Alex Watts : You can't stop them growing it above free height as no one sadly has a right to a view.
Alex Watts : But you can cut bad back any overhanging parts.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Hello

Customer:

Anyone there?

Customer:

hello?

Customer:

hello

Alex Watts : I am on the train so on and offline
Customer:

Well that doesn't give great service Alex!

Customer:

Are you getting these messages from me?

Customer:

I will give good f/b if I get a good answer

Alex Watts : Yes, it if I am in a tunnel or go into a poor signal at there may be a delay in the reply.
Alex Watts : I apologise for that in advance
Customer:

well what is your response?

Alex Watts : Can you not see my response above to your question?
Alex Watts : But I can not see any questions from you save for your initial question
Customer:

Yes I have seen it now

Alex Watts : ok
Customer:

so they can grow it any height they like?

Alex Watts : To a certain respect.
Customer:

what does certain respect mean?

Alex Watts : But as this is vegitation it won't come under requirement for planning
Alex Watts : But if it forms a nuisance this is a common law matter.
Customer:

well it is a nuisance to us

Alex Watts : There in that case you can sue for nuisance and seek an injunction that it is cut down or reduced.
Alex Watts : You would need to complete form n1
Customer:

hm - chances of winning?

Alex Watts : http://justclaim.co.uk/court-forms/N1-claim-form.html
Alex Watts : You also need to complete form n16a which is an application for injunction
Alex Watts : The court would then list the matter and if it is contested set it down for a final hearing and give directions.
Alex Watts : At that final hearing the judge would consider whether to make an injunction order
Customer:

any idea how much this would cost me?

Alex Watts : Can I clarify anything for you?
Alex Watts : depends if you are represented, a solicitor would cost around £150-£200 per hour.
Customer:

see above? how much would this cost me?

Customer:

do I need to be represented?

Alex Watts : The court fees to issue are fairly low, probably £250 to issue and £600 for final hearing,
Alex Watts : Its a matter for you. Clearly represented persons are able to provide legal argument
Customer:

so I don't need a solicitor?

Alex Watts : You can do this yourself and you may just want representation for the final hearing
Customer:

OK I understand.

Alex Watts : Can I clarify anything else?
Customer:

So basically nuisance is the only thing we can attempt to get action on, and even though the previous owners put the trellising up, we can still ask them to remove it?

Alex Watts : Yes.
Alex Watts : does that clarify the position?
Customer:

I think it does pretty much.

Customer:

The problem is I think in a court the neighbours will simply say they will cut back any overgroowth

Customer:

Alex?

Customer:

Won't that mean we lose?

Alex Watts : But the court can limit height
Alex Watts : Or indeed if they agree to cut to back they can give an undertaking to the court,
Alex Watts : If they breach an undertaking or injunction then this is a serious matter
Alex Watts : The fact they refused to cut it back meant you have to issue should mean you get costs
Customer:

would the court do that, though? I.e. limit height to fence height? realistically - based on your experience?

Alex Watts : The court can make whatever order it feels just and appropriate
Customer:

well obviously but that it not what I am asking

Customer:

I am asking for a value judgement based on your experience

Alex Watts : The court can limit the height
Customer:

well yes but I am asking what the likelihood is that they will do that?

Customer:

it is pretty simple really

Alex Watts : It really depends on a number of factors, including which judge you get.
Alex Watts : One judge may, one just won't.
Alex Watts : But I would anticipate on balance a judge wouldn't
Alex Watts : Typo - would
Customer:

hm... roulette, LOL

Alex Watts : Can I clarify anything elsea.
Alex Watts : else ?
Customer:

OK you won't commit to a likelihood obviously

Alex Watts : Based in what you have said on balance a judge would
Customer:

OK that is fantastic to know. Thank you for your time. How can I save all this discourse just copy and paste?

Alex Watts : Can I clarify anything else?
Customer:

see last Q

Alex Watts : Once you rate the format changes and you can copy and paste or come back to the question.
Alex Watts : If this does answer your question might I invite you to rate my answer.
Alex Watts : If the system won't let you or you need more help please click reply.
Customer:

OK I think that is enough. I will rate as good due to the train stuff. Can I say that somewhere?

Alex Watts : i don't think you can
Customer:

i.e. Alex was excellent but on the train LOL!

Alex Watts : The system only allows excellent, good or ok
Customer:

Hm... I'll give you an excellent then I am in a good mood!

Alex Watts : Sadly I can't help wifi - that's a BR problem
Alex Watts : thank you, ***** ***** best,
Customer:

Yeah they supposed to be upgrading train Wi-Fi.

Alex Watts : indeed. Good luck with this.
Customer:

OK bye Alex.

Alex Watts : Bye
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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