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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have lived in my bungalow years and there has never

Customer Question

I have lived in my bungalow for 37 years and there has never been a fence between my neighbour and myself. She is now moving house and has put a fence up which comes over at lease 14inches over my drive. I am now unable to put my car down the side of my bungalow. There are 3 bungalows in a row all built the same time and the fences go from the pavement to the start of the building and at the back it comes down thew garden and end at the back of the buildings, none have ever had a fence. My neighbour put the fence up 2/3 months ago, I told her then it was in thewrong place and needed to come down.
I have tried to speak to her without success I even sent a recorded letter asking if we could get together to discuss but again she has ignored me. The estate agen ts have started showing buyers this weekend and the photographs of the back of the house are wrong. Am I legally allowed to take down the fence tnhat is trespassiing on my land and return the fence to her. The reason there has never been any fences before is that the drain goes down the side of the bungalows.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

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.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

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?

Expert:  Aston Lawyer replied 2 years ago.

Hi Pat,

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!

Good luck.

If i have assisted, I would be grateful if you could rate my answer.

Kind Regards

Al

Customer: replied 2 years ago.

Hi Al

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.?

Expert:  Aston Lawyer replied 2 years ago.

Hi Pat,

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.

Kind Regards

Al