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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My neighbour has removed the boundary fence(he owns

Resolved Question:

My neighbour has removed the boundary fence(he owns boundary) & made a new fence against my fence having taken out my old rotten posts his posts are inline with my old posts & i recon hes moved back about 6-8". I want to renew the fence but his is screwed to mine & he has a log shed against it. I've offered to move all the logs, replace the fence, put up a new log shed & refill it. He is being an awkward git saying i have to work around his crap. what can i do?
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you.

To be clear, he screwed his fence to your fence and now you cant renew your fence? Have I understood?
Alex

Customer: replied 5 months ago.
38; hes taken out the original boundary(his) fence & moved back to mine
Customer: replied 5 months ago.
He recons it is not screwed but it clearly is he's just being awkward
Expert:  Ash replied 5 months ago.

OK - you need to get a survey done and this will produce a report showing where it is.

You can then provide this to your neighbour and ask him to remove it and put it back. If he refuses then you can get a Solicitor to write and ask him to do this or say you will go to Court.

If he refuses then you can seek a Court order getting him to move it back. You would need to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

You can use the survey that you obtained to show the Court his boundary is in the wrong place.

Can I clarify anything for you about this today please?
Alex

Customer: replied 5 months ago.
is it true that the fact he fixed to my fence is criminal damage?
Expert:  Ash replied 5 months ago.

Yes technically that is criminal damage and you can report this to the Police. They can investigate and prosecute.

Does that clarify? Alex

Customer: replied 5 months ago.
but you have not really gone into high detail as I paid for.
Expert:  Ash replied 5 months ago.

It is all going to depend on the survey. That is when a surveyor comes in, its down to that report and that is expert evidence a Court will require.

Criminal Damage is straight forward. Under Section 1 of the Criminal Damage Act 1971 states:

(1)A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

(2)A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

(a)intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and

(b)intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.

(3)An offence committed under this section by destroying or damaging property by fire shall be charged as arson.

If the Police prosecute, your neighbour could face a range of sentences from a conditional discharge to prison.
Does that clarify? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 5 months ago.
great, thanks

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