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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How can I get adjoining property to clear rubbish and debris

Resolved Question:

How can I get adjoining property to clear rubbish and debris from my property I have written to owner twice and spoke to him twice but no action we require this put right so that we can renew fence which is now in disrepair
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have you complained to the Council yet please?

Customer:

I dont seem able to receive your reply nor get the message that I asked the council for advice and the answer was as this is a dispute between owners they were unable to help

Alex Watts :

You should speak with the Council. If there is rubbish etc this may be a breach of the Environmental Protection Act.

Alex Watts :

Also the Council have powers under the control of pests act 1949 to take action.

Alex Watts :

This is obviously free and gets you to get it done free of charge.

Alex Watts :

Otherwise you need to write and set out your position and request they do the work 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.

Alex Watts :

If they do not then you need to issue proceedings. You need to complete form N1 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And form N16a - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court will list the matter for hearing and decide whether to make an injunction which in effect makes the neighbour to clear the rubbish

Alex Watts :

If the neighbour does not then they would be in contempt of Court and could be warned, fined or sent to prison for this.

Alex Watts :

However you will need legal representation which you will have to pay for as it is unlikely you would get legal aid.

Alex Watts :

If you win then a Judge can award you costs.

Alex Watts :

Can I clarify anything for you about this today please?

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