Neighbours moved fence into my garden - costs claim

Re: Neighbours moved fence into my garden - costs claim

Postby SarahSue » Wed May 11, 2016 8:45 am

Just to say sympathies to you. It seems because of someone else's actions, stress and expense has been brought to your door. You had no choice but to go the legal route and stand up for your rights. My issue was nothing like as bad as yours - i just had some twat being an annoying nuisance - but the amount of upset and stress these people cause should never be under-estimated. Oh how i would love to win the Lottery and be able to afford the luxury of never again living so close to and being almost at the mercy of what could turn out to be a neighbour from hell. It sounds like your solicitor is giving you good advice so be guided by him but i found the advice of people on this board invaluable too.
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Re: Neighbours moved fence into my garden - costs claim

Postby arborlad » Wed May 11, 2016 11:13 am

COOCHIE3 wrote:Hi yes - you think along the same lines - tried to call a fencer today but its the weekend - Monday will have to do :-) ..... am just in 2 minds about the criminal damage bit.... the surveyor said to call the police once I get the letter as he will write its criminal damage (so the police won't will have evidence it is my land)- won't do much for neighbour relations but to be honest I doubt I will ever speak to them again. That way I can ask for compensation at that point to repair damage and possibly remove fence. If they do not remove it in 10 days as letter states I can apply for an injunction - at this point they can also award costs to remove/replace fence and land. If they remove fence I will have to go to small claims court to claim back the money it has cost me so far. Confused as to the best way to go about it - also trepass is another civil matter. Just after the quickest way possible to get it removed and my costs back. Will keep you posted :-) thanks again

Most will advise against the court process if at all possible, but if it does get that far, the courts will expect you to have done everything you can to avoid the process, the first of which would be talking to the neighbour, who must be given a reasonable amount of time to make good himself, followed by letters and mediation if there is still inaction. Once you have an estimate to remove fence and make good it will be easier to quantify your costs and likely next move.
arborlad confuses people
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Re: Neighbours moved fence into my garden - costs claim

Postby COGGY » Wed May 11, 2016 12:18 pm

Do you know of any valid reason for the neighbours action? I do not of course mean that they are in the right, they are not, but why did they move the fence? Are they considering an extension to their property? Search the local Planning site regularly. Have you requested help from your local Councillor? They can be very helpful. The more help and support you can obtain the better.
Best wishes Coggy
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