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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 2602
Experience:  Solicitor
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Our property/back garden shares a boundary with a local

Customer Question

Dear Sir/Madam,
Our property/back garden shares a boundary with a local farmer, the hedges, ditch and bank are overgrown and beginning to encroach on to our property.
We have lived in our bungalow for 7 years and throughout this time my husband has managed to maintain as much of the hedge he could reach. cleared the ditch so as to avoid winter flooding and kept the bank clear it. However, at age 86 he can no longer do this. The farmer has said to several people that he will do it, but has told others he has no plans for this year. I sought the advice of a gardener who in turn sought permission from the farmer to go on his land in order to remove the large amount of cuttings as there is no way it can be removed from our side. Permission was given, but the gardener decided that the job was too much for him
My question is why should I organise and pay for the clearance and can I send the farmer the bill. What action can be taken to encourage the farmer to maintain his property? We have acted as good neighbours and hoped he would now recognise our efforts over the seven years.
I look forward to your reply, sincere thanks
Mary J *******
Submitted: 6 months ago.
Category: Property Law
Expert:  Nicola-mod replied 6 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 6 months ago.
Hello Nicola,Thank you for your reply, at the moment I am happy to wait for an answer. I hope to have another Gardener to come and look at the hedge etc on Monday 19th and discuss matters with him. I am anticipating the matter may be taken up at a Parish council meeting shortly and hopefully I will have received a response from Just Answer in time for this so that I am prepared.
Kind regards
Mary,
Expert:  Nicola-mod replied 6 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 6 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 6 months ago.
Hello,
Please continue to search.
Mary
Expert:  Nicola-mod replied 6 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 6 months ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Expert:  Jamie-Law replied 6 months ago.

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

Do you know why the farmer does not clear the land?

Customer: replied 6 months ago.
Hello Jamie,
Thank you for your reply. I believe the farmer is just not socially minded and is not the tidiest of people.
I am afraid I cannot accept the telephone suggestion as I have already paid £33.00 for my monthly subscription and as a 76 year old pensioner I need to adhere to a tight budget.
May we continue in the written format please?Mary
Expert:  Jamie-Law replied 6 months ago.

You need to write and set out your losses and request a refund of the clearance costs 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 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Customer: replied 6 months ago.
Hello Jamie,
Thank you for your very clear reply. The quote I have had for doing the job is in the region of £250.00
Where would I stand if the farmer refuses access to his land; or indeed continues not to maintain his boundary?Mary
Expert:  Jamie-Law replied 6 months ago.

You can seek a Court order that he gives you access and maintains boundary

Does that clarify?

Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 2602
Experience: Solicitor
Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you so much, very helpful.
Mary
Expert:  Jamie-Law replied 6 months ago.

All the best Mary

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