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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9879
Experience:  I have been practising for 30 years.
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I have been in my property for 4 years, we replaced the old

Resolved Question:

Hi I have been in my property for 4 years, we replaced the old fence like for like. The neighbour has since passed away and the new owner states that the fence is on his land. I have checked the deeds and it does show that this may be the case in apprx 2ft. Can you advise where I stand with this. He wants it moved and I wonder what is a reasonable and lawful time I have to do this in? Or do I have to do this at all?
Submitted: 23 days ago.
Category: Law
Expert:  F E Smith replied 23 days ago.

Hello can you explain what you mean 'apprx 2ft'? thanks

Customer: replied 23 days ago.
The fence at the end of my garden just into his garden by approximately 12 inches
Expert:  F E Smith replied 23 days ago.

Unless the fence has been in its current situation for 10 years of the land is registered land registry, or 12 years if it’s not registered, then he can make you move it to the correct position. He cannot make you move it if it is too far into your land (you have lost a bit of land) but he can make you move it if it is on his land.

As it appears to have been moved over by 12 inches within the last four years, then you are faced with moving it back to where it should be.

However, if the previous fence was in this situation and you simply put the current fence in the same situation then the same 10/12 years applies because it doesn’t apply just to this fence all the fences in this location, concurrently.

So if the relevant period is longer than that for all the fences in this location, then you have the right to keep the fence where it is although if he takes issue over that and decides to take you to court, a tribunal claim for this could be very expensive for the loser and although based upon the facts here, I think his claim would fail, that is never guaranteed.

Check your house insurance to see if you have legal expenses cover that would pay for the legal costs of arguing this.

.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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Customer: replied 23 days ago.
HiThank you very much for the response, can I clarify in terms of the 12 years being concurrent if the fence was like for like which it was. would I need evidence of this? If so what evidence could be used?Kind Regards