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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I have a neighbour dispute that have been trying to resolve

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Hi, I have a neighbour dispute that have been trying to resolve since last year with no sucess.. If I send written notice to my neighbour to fix damage caused to my property and resolve boundary encroachment issuesin 2 weeks, or I will get surveyor to confirm they are in violation and fix items myself. Retrospectively taking them to court for costs... Will this stand up in court?
JA: What steps has your neighbor taken so far? Have they prepared or filed any paperwork?
Customer: they have not done anything to resolve the issue.. although verbally admitted damage was caused by their builder to have now refused to admit in writing
JA: Have they talked to a lawyer about this?
Customer: my neighbours? I dont think so
JA: Anything else you want the Lawyer to know before I connect you?
Customer: am I able to claim costs of correction prior to fixing the damage or does it have to be after damage has been fixed

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

It sounds like you have a neighbour encroachment issue, which I am sorry to hear about.

What you need to do is ask your neighbour to rectify the problem or threaten a surveyor.

You will need to get an RICS surveyor to come out and investigate.

They can prepare a report. Once the report is prepared you can issue proceedings for the trespass.

You will need to complete form N1:

https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

You would be asking the court for an order that the boundary is removed to the correct line.

But yes, you can take the above steps, but make sure you get an RICS survey.

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

If not might I invite you to leave me a positive rating before you go, this ensures the site credits me for the time spent answering your question.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 4 days ago.
thank you

Can I assist with anything else today?

Customer: replied 4 days ago.
Hi, my question above wasnt answered

What else is it you want to know? I have outlined the process of going to Court.

You can claim the costs of correction and have 3 years to bring a claim for that.

Does that assist?

Customer: replied 4 days ago.
i think there is an issue with the system as I didnt receive your message where you outlined the proces of going to court.

Ah ok, can you see my substantive response now?

Customer: replied 4 days ago.
no unfortunately not. this is what I can see;
Customer: replied 4 days ago.
are you able to email me the response?

I will repeat it here for you:

It sounds like you have a neighbour encroachment issue, which I am sorry to hear about.

What you need to do is ask your neighbour to rectify the problem or threaten a surveyor.

You will need to get an RICS surveyor to come out and investigate.

They can prepare a report. Once the report is prepared you can issue proceedings for the trespass.

You will need to complete form N1:

https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

You would be asking the court for an order that the boundary is removed to the correct line.

But yes, you can take the above steps, but make sure you get an RICS survey.

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

If not might I invite you to leave me a positive rating before you go, this ensures the site credits me for the time spent answering your question.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 4 days ago.
thank you, ***** ***** has now come through..Am I able to claim for for the costs of the repair in advance based on quotations to help fund it?

You are, yes

Does that help?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 4 days ago.
thank you for your help.

Pleasure. Can I assist with anything else today?