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nuisance, asbestos, can I move home and still claim

7 replies

crowgift · 04/07/2023 22:51

So for two years my neighbours have stored broken asbestos on their land. Finally they have agreed to remove it. I am exhausted and stressed by it all (my dreams of a Devon retirement went very wrong) and not sure I can trust they will remove it all.
Can I sue in nuisance for this? What would the expected damages amount be? Are there no win no fee solicitors for nuisance claims? Could I sue after moving away (my mental health is messed up with this and I would be concerned by their aggression if I were to take an action while living here)

OP posts:
MrsWolni · 04/07/2023 22:56

How has it dragged on for two years? I thought the council forced removal in situations like this.

crowgift · 04/07/2023 22:59

It was mixed in with building waste and wasn't entirely clear what it was from my vantage point. Nightmare.

OP posts:
CarrotCakeMuffins · 05/07/2023 16:50

Is it their building waste, ie generated from work done on site or do they store waste brought in from elsewhere. if the second, contact to the Environment Agency as they would need to have a waste licence, or permit which they likely don't have.
If it has come from building work on site, maybe contact the HSE as only licensed people are allowed to touch asbestos and there are strict controls about its removal.
Either way they could be in trouble & potentially get fined.
No money for you but maybe some satisfaction.

crowgift · 05/07/2023 16:53

I believe it's their own building waste but I may be wrong. At this point I'll just leave.

OP posts:
crowgift · 05/07/2023 16:59

I will also report so the next poor person doesn't have to deal with the same!

OP posts:
MrsWolni · 05/07/2023 17:13

only licensed people are allowed to touch asbestos and there are strict controls about its removal
It really depends in what form it’s in. The council inspector drove past our house and didn’t even bother stopping. He just phoned and said it’s fine to remove, double bag it and take it to the refuse centre for safe disposal.

OP if you didn’t know it was asbestos, how has it caused 2 years of stress, or is that just the length the general rubbish being in the garden and you’ve only now understood it to be asbestos?

crowgift · 06/07/2023 14:01

The general level of rubbish which now turns out to be even more toxic than I realised.

OP posts:
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