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Claiming against a neighbour via small claims court

7 replies

Blackcats7 · 11/12/2023 14:22

My neighbour has caused damage to my home and is now denying the legal boundary between our properties. I had said I am willing to come to some agreement with them about the boundary many times but I get nowhere.
They are now insisting that I pay for a chartered surveyor to determine the boundary and refuse to contribute at all.
The cost will be around £1200.
Is this something I could try to claim half of back via the small claims court?
We have tried mediation over this and the damage issue and my neighbour grudgingly attended but would not compromise on anything at all despite the mediators repeated urging.
My neighbour is a strange character with a history of difficult behaviour with other neighbours and I think there is no point in further attempts to negotiate.
I have tried googling and tried to speak to a human being from the courts for advice but am not suceeding.

OP posts:
Bromptotoo · 11/12/2023 14:27

If the man is a problem in and of himself I wouldn't assume that court action is going to change him.

SOBplus · 11/12/2023 14:27

I believe you can go to small claims for the damage and repairs to the damage but not for the cost of the surveyor. The boundary line appears to be in dispute and either or each can pay to have the dispute solved but I don't believe you can force them to pay for any of the cost and so they may just wait for you to hire and then they get the benefit as well so you have to decide if its worth it to you to have the proof you may need to then go after the damages done and repairs necessary.

Blackcats7 · 11/12/2023 16:24

I wouldn’t expect my neighbour to pay the full cost of the surveyor even though it is them saying there is an issue but I think 50/50 would be fair.
As regards the damage my insurer will cover the bulk but I will be making a claim at the small courts for the excess from my neighbour and the policy increase.

OP posts:
SOBplus · 11/12/2023 16:47

It might be fair but I don't think they will agree. If its in dispute then whoever wants it resolved will have to pay, unless they are willing to pay half or a portion but they will likely say they know they are right and so they shouldn't have to pay.
I wouldn't claim on the insurance as your rates may go up, I would see if you can't recover all of the costs - damage and repairs first and insurance second unless its urgent in which case, use the insurance, get it fixed and go to court for the costs including increased premium charges.
My neighbor was adamant he knew where the property line was and was going to take drastic action if the line was crossed. I had to pay for a surveyor to mark it out (neighbor was wrong) but I needed to ensure the line wasn't crossed and that we both knew exactly where it was to prevent the threatened irreversible actions being taken. Good luck with it.

Choconuttolata · 11/12/2023 16:50

What is the damage? How does it relate to the boundary? What do your deeds say about the boundary?

Is your insurer not interested in recovering costs from the neighbour or their insurer?

https://www.moneysupermarket.com/home-insurance/damage-by-neighbour/#:~:text=Your%20neighbour's%20home%20insurance%20would,rejected%20by%20their%20insurance%20company.

It may be worth footing the bill for the surveyors report in order to have the evidence that the neighbour is responsible for the damage and where the boundary lies so that the court can decide. They won't look very favourably on any claim if you do not have evidence.

prh47bridge · 11/12/2023 18:00

If you want a boundary survey, you have to pay I'm afraid. If you end up going to court to settle the boundary, you may be able to reclaim some of this from your neighbour if you win. However, if the boundary is where your neighbour thinks it is, or they settle without going to court, you won't be able to reclaim your costs from them.

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