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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently purchased a property. I have arranged a survey to

Resolved Question:

I recently purchased a property. I have arranged a survey to determine the boundaries of the property. It was found that on one side neighbours pond has moved towards my property by more than 2 meters so we own half of the pond. On the other side the neighbour was very cross and threw away the wooden pegs to mark our boundary. She has a temporary fence for horses part of which we have now found belongs to us. I wish to put up a fence to mark my boundaries clearly as per the survey. 1)How do I deal with the disruptive neighbour who has fenced up part on my land and kept her horses. She keeps pulling the pegs out following the survey to mark my boundary correctly using GPS. I do not know her address to send letter from solicitors.The surveyor mentioned the to me. 2)How do I deal with the pond. Can I ask the neighbour to make good the damage caused by their and fill up the area /lost pond where their pond has extended over last 40 years.

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know why she refuses to accept it is your land?
Customer:

the lady who owned the house I purchased with land was very elderly and had open boundaries with no fencing . Following a detailed survey arranged by ordinance survey maps and GPS technology it has come to my attention that she has put up her fence incorrectly on my land . She claimed that she has used it for a long time for her horses and has buried her horse on that patch so this now belongs to her.

Alex Watts :

Ok - that makes no difference.

Alex Watts :

You need to get a Solicitor to write and ask that she allow the boundary markers and acknowledge the boundary or you will go to Court.

Alex Watts :

Unless the land has been registered in her name then it makes no difference how long she has used the land - you have a survey

Alex Watts :

If she refuses then you need to issue proceedings for a declaration that the land is yours.

Alex Watts :

The matter will be listed for a hearing and a Judge will decide.

Alex Watts :

Once you have a declaration from the Court then you can establish the boundary

Alex Watts :

if the neighbour disobeys the Court order she can be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Only problem is she has pulled out some of the pegs to mark the land -though I can rearrange a survey. I am having difficulty establishing who si the owner of the field next door or who to send the letter to as it appears to be unregistered on the land registry website. I will contact a solicitor and ask them to do the needful. Thank you

Alex Watts :

Yes but you need a declaration from the Court.

Alex Watts :

Then you can find a way forward

Alex Watts :

Does that help?

Customer:

excellent Thank you

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