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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am in dispute with my neighbours over their fence. They have

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I am in dispute with my neighbours over their fence. They have a large tree in their garden which has pushed the fence over and also pushed large concrete slabs through the fence into our yard.
The next door property is split into 2 flats with the garden being shared. One owner claims its nothing to do with him to my face but then claims part ownership. The other owner lives in the Phillippines and has it managed by an estate agent. So far I have tried to work with the estate agent but in 2 months the only answer I have is that his tree has a preservation order. I didn't ask to remove the tree only repair the fence which has become dangerous.
The other neighbour continues to avoid us and has made it clear he is not interested.
How can I progress matters?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear its his tree that caused the problem?
Customer: replied 1 year ago.
Yes it is his large tree which has pushed the fence over so it is at around a 70 degree angle and large concrete stones from his side pushed through our fence. I have 3 photos as attached.
Expert:  Ash replied 1 year ago.
Ok. Then its the neighbours responsibility. If all you want doing is reinstating it then the neighbour needs to do that. I would of course check with the Council to see whether or not there is a TPO just so you know.
But the neighbour is responsible as the issue is coming from his land. You can either insist he does the work or get the work done and seek the £ back from him. If he doesnt pay you can issue a claim in the county Court and secure any debt on the property.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi,
How would there being a TPO in place effect matters? If there is not one can I push to get the tree removed, its a massive nuisance and blocks all our natural light. We've approached them before and asked them to trim it and they refused and ignored us.
If I get the work done how do I make the county court claim and do you know how long we can expect such proceedings to take normally?
Thanks
Expert:  Ash replied 1 year ago.
If there is no TPO it only means you can ask that it is removed. Proceedings if not defended can be concluded within a month.
Alex
Customer: replied 1 year ago.
ok, is there any difference with there being 2 joint owners of the garden? Would I have to make 2 claims or can I name them both?
Expert:  Ash replied 1 year ago.
They would be joint and severally liable.
Does that help?
Alex
Customer: replied 1 year ago.
Can you explain in laymans terms please.
Expert:  Ash replied 1 year ago.
They are both liable equally for the damage.
Alex
Customer: replied 1 year ago.
Understood they are jointly liable, but I can still make one claim and name them both?
Expert:  Ash replied 1 year ago.
One or both yes. Your choice.
Does that clarify?
Alex
Customer: replied 1 year ago.
I guess. I would have thought if they are joint owners I have to pursue them both? My worry is one of them lives abroad and will be very difficult to get hold of, most probably he'll use that to ignore it all he can. How would I approach taking him to court in that case?
Expert:  Ash replied 1 year ago.
You dont have to sue both, its up to you.
if you cant get hold of him then if you get a costs order you can secure it against the property.
Alex
Customer: replied 1 year ago.
Apologies for the continuing questions but I don't feel clear.
The property being a Georgian Maisonette is split into 2 properties lower and upper who happen to share the garden by law. But it's two properties with different house numbers and one garden.
Legally can I pursue one of the owners for the total amount or do I have to name them both on one claim for 50/50thanks
Expert:  Ash replied 1 year ago.
Yes you can sue either of them for the total amount.
Does that clarify?
Alex
Customer: replied 1 year ago.
Yes it does, I can therefore pursue the guy who lives here permanently as the guy who lives in the Philippines will obviously be harder to get hold of, then its their problem to deal with between the pair of them.
Expert:  Ash replied 1 year ago.
Yes indeed and that would be the better as you can recover costs better.
Does that help?
Alex
Customer: replied 1 year ago.
It does indeed. I think we're getting there. last one - if I do start proceedings I can just do it online right? Do I just name the guy who lives here on the application?
Expert:  Ash replied 1 year ago.
No, it would need to be completing form N1 at the county court. Its not an order just for money you want. You want them to remove it. The court fee for that is £280.
You just name the one person you are suing.
Alex
Customer: replied 1 year ago.
So youre advising I reclaim the money and get them to remove the tree? to do which I physically have to go to a court and raise an N1 claim?
Expert:  Ash replied 1 year ago.
Yes.
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks.

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