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
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:
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
Yes technically that is criminal damage and you can report this to the Police. They can investigate and prosecute.
Does that clarify? Alex
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