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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On my boundary, there is a chain-link fence, which belongs

Resolved Question:

On my boundary, there is a chain-link fence, which belongs to me - there is no dispute about this, For many years (even before my neighbour bought the house) ivy has grown up and intertwined with this fence. Nobody can say for sure where this ivy originates from. It could come from either side of the boundary or a bit of each. For present purposes, I'm happy to assume that it originates from my side of the boundary and thus belongs to me.
Recently and without informing me beforehand, my neighbour has removed most of the ivy - cutting it on both sides of the fence. In short, my neighbour has removed the ivy from both his side and my side of the fence. In so doing, he has cut my fence, mechanically, away from its stanchions causing it to collapse and leave all the debris on my side of the fence. This would not have happened if the fence had not been damaged. My neighbour has also sprayed the remaining ivy causing it to die.
My fence is, of course, now ruined and will need to be replaced.
Is my neighbour responsible for the costs of clearing up the ivy, which has fallen on my side of the fence and for replacing my fence? I assume - and am not concerned - that I cannot make any claim against my neighbour in respect of the destruction of - what he says is - my ivy.
You should know that there is a lot of ivy concerned. The clear up costs are not insignificant.
Many thanks for your advice
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Could the neighbour have removed ivy from just his side?
Alex

Customer: replied 1 year ago.
Alex
Yes. You'll appreciate that it is obvious when plants are growing through a chain link fence. Equally, for my neighbour to remove only that which was on his side of the boundary would have required patience and more time. Far easier just to destroy everything in sight - including the fence.
Myles
Expert:  Ash replied 1 year ago.

Ok, what is it you want to achieve?

Customer: replied 1 year ago.
Alex
I would like to recover the cost of replacing my fence. If possible, I would also like to recover the clean-up costs. I understand that the clean-up costs might be difficult, because one may not be able to differentiate between the ivy that was on his side of the fence and the ivy that was on mine. He has cut both and, because of the destruction of the fence, all has fallen on my side.
Myles
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request payment 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.

If they do not pay 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.

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.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
AlexYes. Please tell me if - on the basis of what I have told you, of course - my claim is good. Should I forget the clean-up costs? Also, is there any legal authority that I can look at?
Myles
Expert:  Ash replied 1 year ago.

Yes I think you have a valid claim. The law says (theft) that he can remove things on his side but must offer it back. If there is any damage cause, this is criminal damage to which you are entitled to the cost of repair/replacement.

Does that clarify? Alex

Customer: replied 1 year ago.
Alex
Thanks. I'm not sure that you've covered the clean-up costs yet. Also, is there legal authority for me to look at?
Myles
Expert:  Ash replied 1 year ago.

Yes clean up costs. 99% of cases are not reported and this would be a small claim under £10,000 and they are not reported sadly.

Does that clarify? Alex

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