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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4674
Experience:  Solicitor
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Three months ago my neighbour erected a 4' high x 4' fence

Resolved Question:

Three months ago my neighbour erected a 4' high x 4' long fence immediately close to my front door. One end of the fence has been screwed into my front wall. He refused to consult his deeds and said the fence would not be removed without an official letter. An RICS surveyor investigated and reported that the fence is 6" on my side of the boundary and the neighbour is breaking a deed covenant prohibiting the erection of structures or planting shrubs etc. at the front of the houses. The neighbour has been given a copy of the report with instructions to remove the fence. He is abusive and is returning correspondence torn up into small pieces! I want to remove the fence and hand all materials back to him. Can I do so? I am 84 years of age and can't afford solicitor's fees.
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

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

What is it you want to achieve please?

Customer: replied 11 months ago.
A written response will be fine, thanks.
Expert:  Jamie-Law replied 11 months ago.

What is it you want to achieve please?

Customer: replied 11 months ago.
I want to remove the fence without any legal repurcussions
Expert:  Jamie-Law replied 11 months ago.

You need to write and ask that the fence is removed or say you will seek further steps from a Solicitor.
If he refuses then you can get a local Solicitor to write and ask that it is removed or say you will go to Court.

If that does not work or you do not want to use a Solicitor you can seek a Court order that it is removed. You would need to use form N208:

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

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

If you are on low income or pension you may get fee remission for Court fees. The Court will list the matter for hearing and decide whether to make an order that he remove the fence.

If the Court does make the order and he refuses, this could be contempt of Court which he may be warned, fined or sent to prison.
Can I clarify anything for you about this today please?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you. The neighbour, I feel certain, is forcing me to incur legal fees. Frankly I want to get the small fence removed asap, as indicated, and get him (and his wife) out of my hair. I don't think he has any recourse legally, especially in light of the Surveyor's comprehensive report. is it worth risking?
Expert:  Jamie-Law replied 11 months ago.

Indeed. Maybe just a Solicitor letter will get that resolved for you?