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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6298
Experience:  BA (Hons), PgDip, Practising Solicitor
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My neighbour phoned the council and arranged the destruction

Customer Question

My neighbour phoned the council and arranged the destruction and removal of a pool table that is situated in communal area for all residents to use. Can he do this ? do I have any recourse to replace the item ?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

What communcal area are you referring to?

Is this in a block of flats or an estate of houses?

Tom
Customer: replied 1 year ago.
Its a gated alleyway - all residents hold a key to the gates, it has garden furniture and plants all around. The table has been present for 6-7 years - this neighbour has lived there for two years and never complained, in fact he uses the gardens.
Expert:  Thomas replied 1 year ago.
Hi,

Who is the owner of the gated alleyway?

Tom
Customer: replied 1 year ago.
The council
Expert:  Thomas replied 1 year ago.
Okay.

Are you aware of anyone actually owning the pool table?

Are you a council tenant or do you own your own property?

Tom
Customer: replied 1 year ago.
I own the property, the neighbour is renting from private landlord. The pool table was bought by three residents collectively.
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If the ownership of the table is known then it would be for the owners of the table to take action against the resident that asked for it to be removed.

If you do not own the pool table OR do not have a specific right evidence on your legal title for your property then you don’t have a cause of action against the removal of it since you were simply allowed to use it rather than having a specific right to use it.

My advice would be to speak to the residents that owned the table and attempt to encourage them to take action (perhaps with your help) against the person that had it removed.

Sorry it could not be better news, but it is the owners decision to take


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6298
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

The pool table belongs to me and my son & wife (whos company we got it
from) so I have a claim as you say, but is that claim against my neighbour,
the council or both ?

Expert:  Thomas replied 1 year ago.
Hi


I will answer at 9.

Did the neghboiur know you owned it?

Tom
Customer: replied 1 year ago.

Sorry for the delay.


 


Yes he knew

Expert:  Thomas replied 1 year ago.
Hi,

Your claim would be against him. The COuncil have nothing to do with it really.

Tom

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