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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14109
Experience:  I have been practising for 30 years.
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Have asked owner of adjoin property yo cut back all trees

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Have asked owner of adjoin property yo cut back all trees and bushes abd ivy which is encroaching 4 to 5 feet into mygarden and flower beds.he takes no notice
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Yes have given written notice on two occasions requesting action
JA: Where is the property located?
Customer: Hadleigh Road Ipswich,De Winters lodge IP2Obt
JA: Anything else you want the Lawyer to know before I connect you?
Customer: County council recentely issued an order to clear his trees overhanging public footpath.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

and has he complied with council order?

does he just ignore your written requests?

is he known for being arkward or doesnt want to spend money?

Customer: replied 14 days ago.
Yes has responded to council order within 7 days of the order,\\\\\\\\\\\\\\\\\\\yes ignores my requests.is known for awkerdness and assumes he is above the law.

You have to do the same as the Council.

You can either cut these pieces of yourself and throw them over the fence because they don’t belong to you or you can get someone in to cut them and throw them over the fence because they don’t belong to you or you can asking whether he wants the pieces back and you will dispose of them for him.

But that he is responsible for all of these costs which are going to be £XX or alternatively, he can cut the growth and overhang off and you will give him reasonable access to do so.

 

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

The cost of getting someone in to do this and taking him to the Small Claims Court is not going to be prohibitive

 

If you do that and you are successful, and I can see no reason why you shouldn’t be, then he’s going to think twice the next time.

Clearly, he didn’t want to do battle with the local authority.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

It's important that you use the rating service because that gives me credit.

 

It doesn't just give me a pat on the head! It's what gets me paid!!

 

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

Customer: replied 14 days ago.
I thank you dfor your advice and find it ost helpfulIshall proceed to small claims court in Ipswich,Many Thanks,H>N>Mitchell.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Thank you.

Best wishes

 

 

 

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