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my next door neighbour has removed a section of my fence that juts out and cut my concrete path approx 500mm x 3 m with a stillsaw and repositioned the fence so that it is straight . I paid for the fence materials and its erection . I have reported him to the police and asked them to press charges for criminal damage and theft. The police are currently investigating this .He he has shown them the title deeds that show the boundary as a straight line. As we know boundary lines are general detail and title deeds are not intended to show defintive boundary lines . I have removed the fence panelling but left the posts for now. He is threatening to reinstate the fence panelling because the police have not pressed charges as yet. My insuranace company has agreed to pay for the reinstatement of the fence / make good the concrete path back to their original position and intend to sue him for malicous damage and full reimbursement but I am concerned that he will dismantle them again. I have now installed CCTV to record such events . Will I be breaking the law if I dismantle the new fence panels and posts? I have told him that he needs to go to court to legally prove that the boundary is incorrect and receive authorisation to do anything like this. There have been no boundary disputes to date. I have lived there for 8 years and the presvious owner 7 years with no recorded disputes being flagged as part of the conveyancing process . He bought the property about 6 years ago as a rental invetsment and the boundary was not a problem until now because he wants to move back in or sell on. He is claiming that he has access problems which is nonsense.
Hello my name is ***** ***** I will help you with this.
Did you report the damage to the Police please?
Yes – I have reported the incident to the police as criminal damage and theft
can I do this as well as claiming on my insurance ?
How much does small claims process cost