Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask if you have served any written notice on the individual regarding the issue to date please?
No this only occured this week
Thanks. Based on what you say the individuals actions amount to an unlawful trespass.
Is this a Police matter or are we takling about going to court
Accordingly the steps to consider in resolving the matter would typically be for you to serve a written notice of trespass upon him and requiring him to remove the trespass (the fence) within say 10 working days failing which you reserve your rights entirely, in particular including an application for an injunction at the county court.
If he ignores your notice you can if necessary consider a) removing the fence yourself - though this is potentially risky as although the structure is based on what you say unlawful, if you cause any damage to the same, he may have a claim agaisnt you including allegations of criminal damage. In these circumstances such disputes can escalate unduly and expose you to police visits. For this reason I typically do not suggest practical action. Rather you can give consideration to an application for an injunction to order him to remove the fence. This is a court order ordering its removal. Ignoring an injunction can amount to contempt of court and can ultimately lead to custody.
An application for an injunction can be made if necessary using form N16A
You would need to adduce evidence of ownership of the land (your title plan) and evidence of the trespass (a plan and photos perhaps).
Is there anything above I can clarify for you?
No that has been very helpful thank you
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me
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