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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9348
Experience:  I have been practising for 30 years.
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My neighbour is going to lay a new patio and decking in his

Resolved Question:

My neighbour is going to lay a new patio and decking in his garden. Part of my my fence has sunk on to his land which will stop his patio being laid properly. He informs me when the work starts he is going to get the workmen to remove this piece of fence and I will be responsible to replace with new panel etc. Also he has cut a main root of a lovely Forsythia bush which he says was over his land. The shrub is now starting to die.
Can he remove the section of fence over his land without my permission?
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
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Expert:  F E Smith replied 11 months ago.

The fence is trespassing.

Provided he can simply remove the fence without damaging it, then he can do that. However if he cannot, and he cuts it, it is criminal damage which is a police matter.

However if you will not allow him to cut it, he can apply to court to get you to remove the trespass and he can ask the court to award costs against him.

If the route of your plants or trees goes over onto his land, he is entitled to remove that trespass. However, if he cuts the roots and the plant dies, whilst the police are probably not going to be interested from a criminal damage point of view, you are entitled to be compensated for the dying plants.

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Best wishes.

FES

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