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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24640
Experience:  Senior Partner at Berkson Wallace
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Next door neighbour repeatedly leans implements and tools,

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next door neighbour repeatedly leans implements and tools, like large wooden structures, poles etc against the fence so the item projects into my garden.When I ask him nicely to not do that he responds by swearing at me, and reluctantly moves it. But, the next day, he has placed another item against the fence, presumably to annoy me. What does the law say about his, please? Can I ask the county court to order him to stop?
JA: Where are you? It matters because laws vary by location.
Customer: Kesgrave, Ipswich
JA: What steps have you taken so far?
Customer: when he refused to move item the first time I said if he did not move it I would remove it and he then moved it, but swore. the next day he has placed yet another item against the fence so it projects into my garden and this is the third time.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There is along history with this neighbour. They blocked access to my drive and refused to move their car so I could get out and the police were involved.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Are you saying these neighbours do these things on purpose?

how long have you and them been neighbours?

Customer: replied 15 days ago.
they have been here about 2/3 years. I have been here 25 years. I think they ARE doing this on purpose. About 10 days ago they place a pallet of turf on the common access area, preventing me from accessing my garden shed. They did not ask me for this and when I went down to get to my shed they told me it would be moved "tomorrow" which it was. I subsequently wrote them a polite letter asking them not to block access in future and then the leaning things against the fence began.
Customer: replied 15 days ago.
I cannot pay £44 to talk.

The law says its trespass and he shouldn’t do it.  However if he does and he ignores any warnings, then your remedy is an application to court for an injunction to stop him doing it again.

The potential problem for you is that unless this actually causes any damage or is common-law nuisance or an ordinary English dictionary definition of the word “nuisance” and it’s just annoying, whilst the court could grant the application against you it may not necessarily award legal costs.

It would be different if whatever he is leaning against the fence damages it or pushes it over.

It’s also different if he’s doing it to annoy you because that’s harassment.

It is often the case  that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking.  Some do and some don't.

You have probably seen a pop-up offering you the chance of a telephone call at an extra cost.  It is up to you whether you have a telephone call or not but do bear in mind that a 15-30 minute telephone call covers an awful lot of ground and you can get an awful lot of information in that time.  So you can ignore it or go ahead or go ahead later.  It’s your choice.

Meanwhile, we can carry on on here.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

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