How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

We have a neighbour who every cuts our hedge which overhangs

Customer Question

We have a neighbour who every cuts our hedge which overhangs his property which is fine but he cuts it over the boundary on our side by about two foot. We have asked him to stop but doesn't . Also have asked him to remove the ivy on fence which is damaging panels. He has in the past thrown lighted cigarettes over the fence at least 200. He has fixed his gate onto our fence panel. We have sent him solictors letters etc but to no avail What can we do to stop him. We do not speak and now feel that it is harassment and he also plays very oud music in the garden. He has lived there for thirteen years and just does what he feels is OK. All i want him to do is remove the ivy and stop cutting too much hedge as he has now ruined it.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Did he respond to the Solicitor letter?
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
No
Expert:  Ash replied 2 years ago.
Ok. Then you need to get a court order to stop him doing this. You need to issue a claim using form n1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And n16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The court will issue the claim and list the matter for a hearing. The court will then decide whether to make an order. If the court makes an order and the neighbour breaks it this is contempt of court and the neighbour could be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
Do you have a number we can chat on?
Customer: replied 2 years ago.
I would rather do this on line. If we take him to court will we have to pay costs if we do not win case.
Customer: replied 2 years ago.
Will we have to pay costs if we lose case.
Expert:  Ash replied 2 years ago.
Yes if you bring a case and lose you are liable for the costs of the other side. But if you win, they are liable for your costs.
Does that help?
Alex