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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Several years ago when replacing a section of fencing we had

Customer Question

Several years ago when replacing a section of fencing we had to box around a neighbours tree instead of keeping a straight line, the neighbour has now filled the area which was ours with junk?
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 : I assume you just want your land back?
JACUSTOMER-z94po3dz- :

Hi Alex,

JACUSTOMER-z94po3dz- :

Well when this neighbour moved in a few years back I did explain to him that the little section was ours, only due to the root of the tree we could not put a straight run down the boundary line.

Alex Watts : Ok and he refuses to give it back? Does he accept it is yours?
JACUSTOMER-z94po3dz- :

Now I have spoken to him today to ask him to move the pile of junk he has stored against the fence which along with the root has caused the concrete posts to push out and thus with the recent winds etc the panels have come out, yes he has just knocked and said i can have it back if i pay him for it!

Alex Watts : Does he accept it is your land?
JACUSTOMER-z94po3dz- :

no

JACUSTOMER-z94po3dz- :

I need to correct procedure to regain this plot

JACUSTOMER-z94po3dz- :

*know

Alex Watts : You need to write, or get a solicitor to write and ask that he hand back the plot otherwise you will issue proceedings.
Alex Watts : If refuses then you need to issue a claim using form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : You are asking the court for a declaration as to whether the land is yours.
Alex Watts : You have the evidence and the deeds etc to show that it is.
Alex Watts : The court is likely to appoint a survey expert to confirm the same.
Alex Watts : Once this is done the judge will make an order that the land is handed back.
Alex Watts : If not you can enforce the court order.
Alex Watts : But get a solicitor to draft a letter first and then issue proceedings using form N1
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-z94po3dz- :

So it does not matter about length of time the fence has been up??

Alex Watts : None whatsoever.