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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Someone erecting a fence on my land trespass

Customer Question

someone erecting a fence on my land trespass
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Could you please explain your situation a little more?Alex
Customer: replied 1 year ago.
no thanks id prefer a written response for clarification
Customer: replied 1 year ago.
hi My name is***** . I have a problem with a boundary dispute and a neighbour . They have just erected a fence on my land . Driven down my driveway with a tractor and knocked posts in and barb wire without my permission
Customer: replied 1 year ago.
I have owned the land since 1991 and there was never a fence there . But myself and the previous neighbour never had and disputes as to here the boundary was - he actually still lives over the road and is prepared to help me with any court cases
Customer: replied 1 year ago.
My question is this new fence is now disrupting my lawful access to my land It has made a driveway too narrow to gain access and where does the law stand on me removing this fence straight away?
Customer: replied 1 year ago.
and assuming the fence is now in the wrong place or isn't but I have had possession of that said land for over 20 yrs what rights do I have now ?
Expert:  Ash replied 1 year ago.
Ok. Then you need to get a surveyors report as to where the boundary is and send this to your neighbour. If he disputes this then sadly you would need a declaration from the Court as to the boundaryYou would need to complete form N208:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdfThe court would list the mater for hearing and decide where the boundary is. You can use the surveyors report you had earlier.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
what about the fact that now I cannot get proper access to my field due to the fact this fence was put up in my absence and trespass was undertaken with tractor and post knocker on my land . The other side is a hedge so It was definitely put up by using my land as access
Expert:  Ash replied 1 year ago.
You need to seek an injunction and then damages, this can all be done using the above.Any damage to property can be sued in damages.Does that clarify?Alex
Customer: replied 1 year ago.
so if its proven that they have taken my land and trespassed whilst doing it will they have to pay all my costs including the above mentioned surveyer
Expert:  Ash replied 1 year ago.
Correct.Does that clarify?Alex
Expert:  Ash replied 1 year ago.
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