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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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My neighbour states that I must leave a 3 inch gap between

Resolved Question:

my neighbour states that I must leave a 3 inch gap between her (boundary ) fence and my low (raised bed )wall (now in the process of construction) so that she may paint the fence from my side of the fence ---is this correct / lawful ? or bluster.
further am I able to deny her access to my property without her having a county court order. She demonstrates a bullying attitude towards me and very intimidating--- many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
HI I will try and help
Customer: replied 2 years ago.

you need more info ? I am between google and e-mail outlook please ask on this format thanks

Expert:  Matt Jones replied 2 years ago.
The only reason there would be any lawful reason why you would have to leave a gap as she requests is if there is such a right for her to do so in your deeds. This is highly unlikely. It is worth checking if there is a "right reserved" for your neighbour in your deeds but other than that there is no reason why you would have to leave a gap (i am not even sure if a 3 inch gap is sufficient to allow access for paining!). You should be able to access copies of your deeds from the Land registry website. There is something called the Access to Neighbour Land Act but this usually only allows access to neighbouring land for emergencies or for serious repairs.
Expert:  Matt Jones replied 2 years ago.
other than that you can build where you want on your land, and put the wall straight up to the boundary wall if you wish
Expert:  Matt Jones replied 2 years ago.
I hope this helps. Do ask further questions if you need otherwise please leave me positive feedback. the matter wont close and you can ask further questions if you think of them later down the line.
Customer: replied 2 years ago.

this person has placed scrappy signs taped to my side of the fence stating that "under no circumstances must I lean anything against her fence (I loosely a wooden plank to prevent rot from soil contact ) and that I must leave a 3-inch gap as previously stated -- also that "CCTV is in operation

(they have 360 degree operating around their house,which I am unable to ascertain if they train the cameras upon my home/garden - the police have tried twice but both occasions the tapes were wiped -- the husband is a former police officer and plays to his forte .

Can I remove these unsightly , embarrassing scraps legally -- I will be filmed by the CCTV which she will use to claim some violation of her property ?

her fence was erected in haste and temper without planning permission , which was subsequently given retrospective consent ,as it projected towards the path in front of the house entrance

Expert:  Matt Jones replied 2 years ago.
Do you know where the exact "boundary line" runs? and if so do you know if they built their fence on their land, or was the fence built on the actual boundary line?
Matt Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.

item1 the boundary is defined by them by the fenceline and I would not contend it as to be petty for millemetres ,

item2 the fence can be taken to be built on their land, the fence panel facing my driveway would most probably be viewed by court as to be sited on their land vertically facing my land, and therefore if I physically removed these warnings I would be "0n camera " seen to be causing damage to their property -- would that be the case ?

Expert:  Matt Jones replied 2 years ago.
Ok if the boundary line and the fence line are one and the same (assuming an expert surveyor would not disagree) then the signs taped on your side would, arguably, overhang or encroach onto your land. Just as if, for example they placed a pot plant on top of the fence (assuming it would balance of course!). Half of the pot would encroach onto your land. I appreciate that the "sign" would not encroach as far as the hypothetical pot but the principle still stands. if you removed a "taped" sign them you would not be causing any, or any notable, damage and so the police would and courts would not be interested in pursuing any action. I would see no reason why you could not remove them and place them on their side of the fence. You have to be careful that you don't cause damage to the fence and so you may wish to write to them confirming that you have no intention of placing anything heavy against the fence for any period of time. You can also remind them that they don't have permission to come onto your property and so if further signs are placed on your side of the fence then they will be deemed to be trespassing.
Customer: replied 2 years ago.
thank you for your help best regards
Expert:  Matt Jones replied 2 years ago.
No problem. Grateful if you would click positive feedback so that I can be paid for me time. Many thanks and all the best.