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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7694
Experience:  Solicitor
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I share a front lawn with my neighbour. He has a fence which

Customer Question

I share a front lawn with my neighbour. He has a fence which has been taken down and has lots of nails pointing upwards. The fence is right up to my boundary and lying o the floor. He has been asked by the freeholder to remove the fence as it causes a hazard. The Police have also told him to move it. I have a 3 year old who plays in the garden and we have grabbed her away from the fence several times. We are worried she could fall and land on the nails. The freeholder have no issues solicitors to instruct him to remove the fence but he will not. I want to pick it up and move it and place it up against his wall at the other side of his property so it is safe and is not going to injure anyone. I know it is his property but if an accident was to happen I would regret not moving it for what seems like a minor offence especially if I do not damage the fence. Thank you
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 2 months ago.

How is it I can help with this please?

Customer: replied 2 months ago.
I would like to know if I remove the danger
Customer: replied 2 months ago.
As the question says can I pick up the fence and move it without damaging it. This removing the danger from the edge of my lawn
Expert:  Jamie-Law replied 2 months ago.

You need to write and ask that he removes it or say you will go to court.

If he refuses I would get a local solicitor to write and ask him to remove the danger, or say you will go to court.

If he refuses then you can get an injunction to make him by completing forms n1

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf

And n16a

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n16a-eng.pdf

The court will set the matter down and decide whether to make an order requiring the damager is removed.

If the court does and he refuses this could be contempt of court which he may be warned, fined or sent to prison.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 2 months ago.
This course of action is already started. Are you saying I cannot move the fence myself? What happens if my daughter falls on the fence and is hurt in the meantime?
Expert:  Jamie-Law replied 2 months ago.

Yes you could, but then they could sue for criminal damage.

If you are happy with that risk then you can move it.

If your daughter is injured, there would be a claim for negligence.

Does that clairfy?

Customer: replied 2 months ago.
Thank you for your help. Surely his potential claim for criminal damage would be void if there was no damage and I recorded on video me moving it just relocating the fence in the same condition as it is now
Expert:  Jamie-Law replied 2 months ago.

Correct.

Does that assist?

Customer: replied 2 months ago.
thank you
Expert:  Jamie-Law replied 2 months ago.

Great. Can I help with anything else today? If not, then please take a moment to rate before you go. Thanks.

Expert:  Jamie-Law replied 2 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.