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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbour has erected a fence on my property by about 6

Customer Question

My neighbour has erected a fence on my property by about 6 inches can I make them move it onto the correct line.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here as you will get an email when I respond.
Alex Watts : Have you asked him to move it? If so what did he say? Do your deeds show that he is over the boundary line please?
JACUSTOMER-7xnwnayy- : It is a single lady and she has just said she can't afford to have it moved! Could I take it down and pile up in her garden
JACUSTOMER-7xnwnayy- : We have an existing fence post between 2sheds that is the line between the properties and this is shown on the deeds but she has just taken a line to my shed which is 6 inches over my side
Alex Watts : If it is wrong you can ask them to move it or say you will go to court. If they refuse then you could get a solicitor to write a letter and ask them to move it, this may get the result you want.
Alex Watts : If the neighbour refuses then you would have to go to court and seek a court declaration as to where the boundary line is and if in your favour that the fence be moved back.
Alex Watts : You would need a solicitor to help you draft proceedifngs and represent you in court, you would probably not get legal aid and have to pay for a solicitor.
Alex Watts : But if you won the. You
Alex Watts : But if you won then you could seek an order for costs back.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-7xnwnayy- : Is there a time limit on how long I leave it before I complain
JACUSTOMER-7xnwnayy- : Or get the solicitor to write
Alex Watts : You have 6 years to complain.

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