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I am afraid you are not entitled to physically remove the fence as you could be guilty of criminal damage, however daft it sounds.
The best practical way to resolve the problem is as follows-
Once a Buyer has been found, your neighbour's Solicitor will send her a Property Information Form to complete. This Form answers various questions concerning the property, including a question as to whether or not there are any disputes over the property. If a Seller lies on this Form, their Buyer can sue them for misrepresentation.
Likewise, Estate Agents are under a duty to notify prospective Buyers of any issues they are aware of that may put off a Buyer from purchasing the property.
Therefore, if you have no joy from your neighbour or son in law, you should write another letter to your neighbour and also hand deliver a copy to her Estate Agents, so it puts them on Notice of the dispute.
The Agents will then have to disclose the issue to any prospective Buyer and will hopefully mean your neighbour will do all she can to resolve the problem as no Buyer will want to buy her bungalow while there is an ongoing dispute.
I hope this assists you and sets out the legal position.
Thanks for your info. I have done as you said and sent her a letter giving her 10 days to try and sort something out amicably otherwise I will have to go t court. I also sent a letter to the estate agent with my letter to the neighbour attached.
Before she put up the fence I paid for 2 panels and posts to be put back where they were originally her fencing man moved them and used them as part of her new fence. I don't suppose I could claim them back - just a thought.
If I have to take her to court can I go through the small claims court as I am 74 years of age and don't have a lot of money?
Thanks for your reply, and good luck.
You can certainly attempt to claim back the 2 fence panels- if they have been used on another boundary to the one which you used them for.
You can indeed use the small claims court, but hopefully it won't come to that!
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Thanks for yojur info.
I was telling a friend that I could go to a small claims court and they said they didn't think you could do anything but monery claims there. Should I put a claim in for the removal of the fence and not the fact that it is a boundary dispute or do they in fact deal with boundary disputes in a small claims court.?
I would wait to get a reply from your neighbour before wasting time and effort in issuing Court proceedings. Both claims can be made in the County Court under the small claims procedure.