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GabrielP428
GabrielP428, Solicitor
Category: Law
Satisfied Customers: 391
Experience:  Expert
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I have an issue with my neighbour's fence... It's his fence,

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Hi, I have an issue with my neighbour's fence...
JA: Where are you? It matters because laws vary by location.
Customer: It's his fence, there's a lot of ivy which wasn't always trimmed on time and because it was heavy the fence is leaning towards his garden which created a gap between my fence and his and this is unsafe for my 2 yrs old son.
JA: What steps have you taken so far?
Customer: Corby, Northamptonshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I've spoken with the neighbour, explained that is unsafe formy son as he wants to climb everywhere and it's not ok to feel he is unsafe
Customer: replied 15 days ago.
Thanks

Hi, my name is***** am a solicitor in England and Wales with 9 years of experience and have worked in the legal sector since 2008.

This service is not instant, so please note that I cannot always reply immediately due to other work commitments. I look forward to helping you with your legal problem.

If you would like a call to discuss this further, please let me know

A call is a premium service that includes an extra charge.

Hi, I am sorry to hear about this. Has the neighbour agreed to cooperate?

Customer: replied 15 days ago.
He said they are old and can't afford to pay to fix it so, I told him I'll have to inform the council as I don't know what else to do.

Generally, in such matters, it is best to negotiate directly with neighbours rather than be confrontational. I understand this is only possible if the personalities involved are willing to reach an amicable solution.

You may wish to consider collecting evidance such as photos. I also suggest you send him a letter before making a complaint (see template below).

If that is not possible, your next option would be to make a court application to force him to move rectify the situation subject to having sufficient evidence. This application is called injunction.

To apply for an injunction, you need to complete form N208 claim form to start court proceedings and the application for an injunction N16a form and send them to your county court with a fee of £322 payable to HMCTS. (both forms are attached)

You will need to write a supporting statement detailing the history of the issues with the neighbour and provide evidence.

You can use this template:


Dear [name]

As you know, we have had a dispute over [brief summary - eg use of the shared driveway]. Whilst we disagree over this matter, we are neighbours and so do need to try to resolve this issue. I think that [a more formal meeting to clear the air / professional help from a mediator] may be the best way forward.

I/We don’t wish to prevent you from enjoying your home but you may not realise the effect it is having on us and I/we have reached a point where I/we felt it was necessary to mention it, in the hope of resolving the matter informally.

I am /We are happy to talk with you so that we can come to an amicable arrangement.

Please can you confirm that you are willing to [meet up / attend mediation]

Please note if we cannot agree on an amicable solution i will have no choice by to ally for an injunction.

Thank you for your time.

Yours sincerely

Customer: replied 15 days ago.
Thank you

Thank you so much for using Just Answer. If you have further questions, please do feel free to ask them in this thread.

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Thank you so much for your positive rating. It is greatly appreciated.