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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have an office garage close to my neighbour who has planted

Customer Question

I have an office cum garage close to my neighbour who has planted a tree within 2 feet of my garage wall. In addition to this he erected a trellis fence within1 foot of my garage wall.
He has now nailed brushwood to the top of this fence which covers up the two windows that I have in this wall, subsequently vastly cutting down my light. What can I do?
Submitted: 2 years ago.
Category: Property Law
Expert:  Alice H replied 2 years ago.
Good morning
Please clarify: all the things he's done are on his property? Have you discussed this with your neighbour?
Customer: replied 2 years ago.

it is all on his property, but have not discussed it with him as police who I had to call in to him a couple of years ago advised not to talk to him.

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Has any damaged been caused to your property please?
Customer: replied 2 years ago.

No there has been no damage

Expert:  Ash replied 2 years ago.
Sadly there is very little you can do in terms of damage etc.
You can't really take them to Court for the damage, because there has not been any.
If you can establish you have had significant light for 20 years and this has now been dramatically reduced you may have a prescriptive right to that light. If they refuse to remove any offending articles you could take this to Court.
You need to write and set out your position and request a remedy within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not then you can issue proceedings in the County Court. You can do this by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
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.
If the matter is defended it will be set down for a trial. You will need representation at trial to set out your position.
Can I clarify anything for you about this today please?
Alex

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