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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my neighbour recently removed our party garden wall, he is

Resolved Question:

my neighbour recently removed our party garden wall, he is now removing the footings. we had previously built a garden fence inside our boundary, he seems to think that he can now claim the gap that was previously between the fence and wall as his own. can I force him to rebuild the wall?
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 : The Party Wall Act requires the neighbour to give notice for proposed works where if you object a joint surveyor must be appointed
Alex Watts : You can seek a court order to make him reinstate the wall and damages.
Alex Watts : I would suggest seeing a solicitor to draft a letter and ask him to reinstate or say you will go to court.
Alex Watts : If he refuses you then carry on to the next step.
Alex Watts : You need to write and set out your position and request the reinstatement within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not then you can issue proceedings in the County Court. You can do this completing form N208 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf and take it to your local County Court.
Alex Watts : The court will then list the matter for hearing and decide whether he has breached the Act and indeed an order to reinstate.
Alex Watts : If he breaches the court order then he will be guilty of contempt of court and you can ask the judge to warn, fine or send him to prison,
Alex Watts : But these are the steps to take: 1) Soliciors letter, 2) Warning, 3) Court.
Alex Watts : Can I clarify anything for you about this today please?
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