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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have had a 5ft fence built inside a shared boundary fence,

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Hi, I have had a 5ft fence built inside a shared boundary fence, my neighbour wouldn't agree to me replacing the original at my expense because it meant he wouldn't be able to see in my garden or windows. He has twice tried to push it over and I've had it put up again, he is now putting rubbish in between the 2 fences. I cannot reach it to clear it out, is there anything I can do to stop him doing this.
Lorna Tracey
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have you complained to the Council at all? If so, what did they say please?
Customer: replied 1 year ago.
Hi Alex, yes I have asked Daventry District council if they can help and they replied as it was a boundary dispute it was something they couldn't deal with. It is not a boundary dispute the fence which is owned by both of us is still in place and the higher fence is on my property. I put it up because the neighbour kept staring into my house and watching me in the garden, I have since been told he did the same to the previous owner's girlfriend and she left. Surely he cannot dump his rubbish on my property and get away with it? I cannot send him any correspondence because he has sealed his letterbox and the postie has to knock his door therefore he can refuse any post he does not want.
Regards
Lorna
Expert:  Ash replied 1 year ago.
You should get a Solicitor to write and ask the neighbour to stop or say you will go to Court. If the neighbour refuses then you can issue proceedings to stop him.
You would need to complete forms N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court would list the matter for hearing and the Court would decide whether to make an order stopping them putting rubbish there and removing existing.
If the Court does and they refuse then this would be contempt of Court which they could be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi Alex, thank you, ***** ***** what I thought you might say, if I got a fencer to re-sight the fence as close to the original as possible thus closing the gap and just putting the neighbour's rubbish back in his garden, would I be liable to proceedings? This is a nasty man I'm talking about and he has already jabbed his fingers in my face and shouted obscenities at me because I wanted to erect the fence in the first place. He is very big and intimidating.Regards
Lorna
Expert:  Ash replied 1 year ago.
No. Its his rubbish on your land!
Does that help?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Alex, yes it does help, At least I have two options.Best RegardsLorna

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