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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 pulled down a wall that was the boundary of our

Resolved Question:

My neighbour pulled down a wall that was the boundary of our gardens. My garden is about 3 foot higher then theres so without the wall, there is now nothing holding it up.
They have build a shed the fill the space but about a foot into there land. i am left with no boundary fence and my garden slowly slipping away. I have had a quote to put a fence in as after 4 months they have done nothing despite my emails asking. They say it is not their problem but will pay 25% of the bill saying it is too expensive, but wont get any other quotes to show it is expensive.
If i put the fence in, would i have a case at the small claims court to get the money back?
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 :

If it is joint then you both own it. The neighbour needs your permission before he can pull it down.

Alex Watts :

You need to write and set out your losses and request a payment to resinstate 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 refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

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.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

While i just had the wall on my side, i believe it was a 3 foot deep on their side, making it more of a shed. Does that change anything?

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