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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I live a semi detached property with a down pipe separating

Resolved Question:

I live a semi detached property with a down pipe separating the two property’s in the centre. Recently my neighbour waited until I went to work then had a 6 foot fence erected on my property. The fence has been bolted to my house fixed between the down pipe on my side and my bay window. The fence is her responsibility so therefore she should have had it fixed on her house, between her window and her side of the down pipe. The reason she has done this is because she wanted to extend her garden and encroach into mine. Also a year ago she decided to attach a water butt to our jointly owned drain pipe (also without asking my permission). She obviously wanted to keep the water butt on her side along with our drain pipe. My question is that as she had this erected and fitted on to my house and on my boundary, am I correct in saying that I am within the law to remove the fence and put it back in her garden without damaging it. It cannot be legal for someone to do this and think that they can get away with it?
Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
This is trespass. You are entitled to remove the trespass provided you do not damage it. If the fence has been fastened with some nails the chances are that you may break it and she can then allege criminal damage. If you can simply unbolt it, then it is not criminal damage because nothing has been damaged.If you are going to unbolt this and simply remove it and lay down in her garden, it would be worthwhile speaking to the police 1st to tell them what has happened and what you are going to do and to say that you don’t want to get them involved but just in case the neighbour complains, at least they are forewarned.The neighbour is also responsible for repairing the holes where the fence was bolted to the wall on your side.Can I clarify anything for you? Please don’t forget to rate the service positive. It’s an important part of the process so that experts get credit.Best wishesFES
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Customer: replied 1 year ago.
Thank you, that's great, I thought i must be within my rights to remove what was illegally erected in the first place!The fence panels just slide down grooves in the concrete posts so can be easily taken out, along with the gravel boards.
I have already spoken to the police to make them aware, as she is very vocal, had it been done to her the whole world would know. The police have noted it on their records.
Yes the fence has been bolted to my house, but no way will she make good the damage which is very annoying as I can't make her pay for this! She just ignores any letters I send her.
Yes just one thing please, the water butt she has put on the jointly owned drain pipe, I plan on taking the joining piece off the drain pipe that she put on so the water was channeled into her tubb, legally she should not have put this on either, should she, so cannot stop me from removing it and putting the correct piece back in so it doesn' keep blocking up.
Many thanks

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