Yes they have added a bamboo screen to our fence - raising the height of the fence to above 2m, and without our permission. I do need any answer ASAP. We do not have a good relationship with our neighbours.
I am sorry, but this is not an instant service because weare all solicitors in practice. We do not sit online 24/7. We all have clientsand court and other users on this site and travelling and weekends and eveningsetc. We are often on and offline all day every day. Sometimes therefore youwill get an answer in minutes and sometimes it is hours. The site does give theimpression that experts will answer in nanoseconds will unfortunately, the siteis hosted in San Francisco and we are all based in the UK and we have nocontrol over site content.
If itis your fence, and they have attached the bamboo to it, the screws are trespassand if they have done this maliciously, possibly criminal damage although don'texpect the police to be the least bit interested.
Youcan apply to court (a solicitors letter threatening the application) for aninjunction and costs to compel them to remove the attachment.
Youcan refer the matter to the planning department because they are not allowed tohave a fence over 2 m without planning consent.
If youcan simply unscrew the bamboo without damaging it, and without going over ontotheir land/their side of the fence (which seems unlikely) you can simplyunscrew it and give it back to them.
Atthis stage in time, because of the relationship with your neighbours, wouldprobably be better threatening an application to court for an injunction.
Ofcourse, there is nothing whatsoever to stop them sticking up a 2 m high fenceimmediately on their side of this fence.
Doesthat answer the question? Can I help further? Can I answer any specific points?
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Thanks for the response, yes the site is misleading and I will rate your response
It feels like they 'have us' and we can't do anything without incurring legal costs. However, we can't raise the height of our fence above 2mtrs with out planning permission?
I did speak to planning prior to us know we owned the boundary and subsequently to Citizen's advice who advise they couldn't apply for planning permission as its our boundary - ownership of the boundary seemed to overide them being able to apply for permission? However, your advice seems to suggest they could apply for planning permission?
The planningdepartment will not get involved with boundaries (unless there is a planning issue) nor will any other departmentin the council and nor will the police.
The land registrywill simply point to the deeds and say that is how it is, they will not makean interpretation.
I think it unlikelythat the planning department are going to get heavily involved over the factthat the fences over 2 m high but it depends if whoever it is in the planningdepartment decides to take it under their wing and go off on a bit of a missionwith this.
Ownership of aboundary is immaterial with regard to planning permission. Surprisingly mayseem I can apply for planning permission on a piece of land that I do not own.This happens with people who are buying property subject to planning permissionwhere they will not buy it if they do not get it.
Remember that theboundary is an imaginary line. If a fence post is on the boundary and is 100mm², then by offsetting another fence by 50 mm it comes entirely within thecurtilage of the person erecting it.
You do incur coststo get to court but provided you get the injunction, you can ask for costs tobe awarded against the neighbour.
If you send asolicitors letter (which will obviously cost you money) and the matter goes tocourt, you will get those costs back. If the neighbour capitulates withoutgoing to court, or without you issuing court proceedings, then you don't getthe costs back.
If you issueproceedings and then the neighbour capitulates you can then apply to court fora "wasted costs" order which are all the costumes incurred in seeing solicitorsand issuing the legal proceedings which you would not have had to have done ifthe neighbour had played ball in the first place.