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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have carried out a survey to determine my boundary with my

Resolved Question:

I have carried out a survey to determine my boundary with my neighbour to put up a fence. He agreed to the survey but has since then putting wooden pegs and plants on my side of the property. What can I do to stop him . I have involved the police who have confirmed he has no right to walk or trespass over my land
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether it was a surveyor that did the survey for you? Did you send a copy to the other side?
Customer:

yes ye

Customer:

they agreed to the survey and did not dispute it but have now come up with a sob story after talking to a friend who is a legal executive claiming boundary should traditionally be somewhere else and has been(there is nothing to mark the boundary

Customer:

except pegs from my surveyor who used gps technology to show boundary within 6mm of where it should be

Alex Watts : Ok. How much is in dispute please?
Customer:

its not about money but a long strip of land running 1m form where it should between the 2 properties . neighbour hasn't carried out a survey(doesn't want to spend a penny and knows my survey is correct). He claims the boundary should be 1 m from where the survey shows it is

Customer:

about 150mX1m

Alex Watts :

Ok, you need to decide whether it is worth going to Court over that strip. There will be legal costs of around £10,000 to take it to Court, if you lose then you would be liable for yours and the other sides costs.

Alex Watts :

If you want to then you need to issue a claim in Court. You would need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

The Court will list the matter for hearing and you can use the surveyors report

Alex Watts :

The court will then decide who is right and where the boundary is.

Alex Watts :

Then you and the neighbour have to comply with the Court order

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

can i do this myself and use solicitor or barrister in the end when it proceeds to the court as I am used to cc claims as a claimant , this will reduce my costs

Customer:

and can I put up a fence anyway as I have a survey and they dont

Customer:

what if they come and try to obstruct the land workers from carrying this out once i have paid them for this, the length of the fence would be attest 100m as it is a long area

Customer:

atleast....

Customer:

can i use MCOL to issue this claim and should it be local court or northampton ccbc

Customer:

thank you

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