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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our neighbour has paving which has encroached the boundary

Customer Question

Our neighbour has laid paving which has encroached the boundary between our properties what is our position
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, you will get an email when I reply.

Alex Watts :

Have you asked for it to be removed and if so what was the answer please?

JACUSTOMER-dw3k9v4j- :

I sent a registered letter dated 01/11/2013 requesting the removal but to date have not had any reply

Alex Watts :

You have 3 options:

Alex Watts :

1) Live with it and save any legal costs

Alex Watts :

2) Get a Solicitor to write a letter setting out the position and say unless he removes the offending items within 14 days you will go to Court and he will be liable for costs

Alex Watts :

3) Go to Court. You would need a declaration from the Court as to where the true boundary is and an order that he removes the offending items from your land.

Alex Watts :

As you can imagine you would need a Solicitor to draft proceedings and represent you in Court.

Alex Watts :

You may also need a surveyor report saying where the boundary is in the event of a dispute as to that.

Alex Watts :

All this evidence would go before a Judge who would decide whether or not to make an order.

Alex Watts :

You would have to pay for a Solicitor as this is unlikely to be covered by legal aid.

Alex Watts :

The cost if contested would easily be £5000 - £10,000 but if you win then costs can be awarded.

Alex Watts :

But those are your 3 options.

Alex Watts :

I realise this may necessarily not be the answer you want and certainly not the one I want to give you, but this is a civil dispute and I have a duty to be honest with you.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-dw3k9v4j- :

On purchasing the house my neighbour informed me that the boundary fence was hers. I asked her permission to enable me to renew the fence, at no cost to her at all, and showed her a brochure of fencing panels for her to consent to, when work commenced she changed her mind and said she did not want a new fence so I installed the new fence on my property roughly 6-8" in from the boundary fence . She has now removed the old boundary fence, has the beauty of the new one and has used the area and had it paved

Alex Watts :

Yes. But sadly you should follow the steps above and it may be getting a surveyor to do a report shows who the true owner is.

Alex Watts :

Does this help?