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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26846
Experience:  Senior Partner at Berkson Wallace
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My property backs onto a set of garages which is owned by

Customer Question

My property backs onto a set of garages which is owned by sanctuary housing. My 6ft fence between these garage has been damaged, by some sort of great vine. The steak weight of this has damaged 3 panels, 2 concrete posts and a concrete gravel board. How do we stand with the cost of this?
JA: The answer cost depends on the issue and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit. Where are you? It matters because laws vary by location.
Customer: We are in Rochford Essex. We feel this is down to the Sanctuary housing to pay as this is these vines which has damaged our fence.
JA: What steps have you taken so far?
Customer: We have contacted Sanctuary housing, they has sent out a guy how has taken a look and taken photos. His now on holiday, so not sure if he has past the info on.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We have had a quote for this work to be completed at a cost of £600. My husband is 81 and is not able to complete this work himself. Many years ago he would have been. Again we don’t feel it’s our responsibility to do it.
Submitted: 21 days ago.
Category: Law
Expert:  Stuart J replied 21 days ago.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

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.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Expert:  Stuart J replied 21 days ago.

Do you know what plant this is?

and you are still waiting for Sanctuary to get back to you?

Customer: replied 21 days ago.
No we done no the name of the plant. It an ivy plant but a lot thicker. It travels a long way.
We are awaiting sanctuary to get back to us. We are getting told that they are passing our messages on. We have connected them severely times to keep getting a different person to talk to. Plus their hard office is in Worcestershire. So they are having to pass info onto someone in our local area.
Customer: replied 21 days ago.
No my husband is hard of hearing. He knows more about this than me.
Expert:  Stuart J replied 21 days ago.

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.

You are allowed to cut off anything which overhangs the boundary but you cannot pieces because they do not belong to you so you should give them back to the landowner.

If you are unable or don’t want to do the work you would be entitled to get contractors and take the landowner to court for the costs if they don’t reimburse you those costs.

I agree with you it is down to sanctuary housing to pay for all the remedial work in addition.

You have a claim trespass and nuisance and negligence.

Trespass because their plants are on your land. Nuisance because this is, on an ordinary English dictionary definition of the word “nuisance” and negligence because they have been negligent in letting this grow.

It will help if I explain how claims in negligence arise.

There needs to be

1. a duty of care

2. the duty of care needs to be breached

3. as a result of the breach there needs to be loss or injury

4. the loss or injury resulting from the breach must be reasonably foreseeable.

In order for there to be a claim in negligence, all 4 heads have to be satisfied.

There is a potential partial defence from the neighbouring land masses that you have contributed to this yourself. You have done that by simply standing by and letting this happen without doing anything about it before now. That would only be a partial defence to any claim which you may bring against the neighbouring landowner. However it would be for them to raise, not you.

I don’t how you contacted sanctuary housing but you need to put your letter in writing so that communication doesn’t get lost.

Ultimately they don’t do anything about it, you are faced with getting the work done and taking them to court.

The new Moneyclaim beta system is easy to use: https://www.gov.uk/make-money-claim

the new system is much better than the old government Gateway system.

You can prepare the proceedings now, at your leisure, save them, and then just pay the fee and press the button when the deadline in your letter before action, expires.

It's then just a case of following the court process and responding to any emails that you receive.

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

Stuart

Customer: replied 21 days ago.
Hi, thank you for your response. We will send a letter to Sanctuary explaining everything, and we will see how that goes. If we need any more help we will come back to you. Thank You.
Expert:  Stuart J replied 21 days ago.

I am glad to help.

If you don’t have any further questions at the moment, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

Customer: replied 21 days ago.
No further question at the moment, many thanks
Expert:  Stuart J replied 21 days ago.

Thank you.

By the way, if you would like to ask me a new question in the future, (not just clarification on this thread, then please just type @ (the at sign) followed by my name and you’ll be able to select my username to tag me in the question.

If you like, you can also put “For Stuart J only” in the question thread and then the other experts will know that it’s for me.

You can also tag me as one of your favourite experts.

Thank you

Kind regards.

Stuart

PS: there is no need to reply as a matter of course otherwise your reply comes back to my inbox, thinks you’re waiting, and I have to reply again. Kind regards