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If they are on your land and he is encroaching then yes you can.
This is because if it is on your land when it should not be then you can ask him to move them at his expense.
If he refuses then you can either seek a Court injunction to make him remove and replace them or you can get a contractor yourself and then sue for the costs.
But if it is on your land when they should not be (ie he has moved the posts from where they were before) then you can take action
Can I clarify anything for you about this today please?
To be perfectly clear here:
1. As the fence is on my land and it should not be, I can ask my neighbour to remove it.
2. If he wishes to re-erect the fence as a boundary marker, then he may do so provided it and its supporting structure is wholly within the boundary of his own property.
3. If he refuses, then I am within my rights to either approach a Court for an injunction. Which Court? I have a friend who is a magistrate. Can I deal with this via the Magistrates Court?
3. Indeed. County Court
Its not a Magistrates Court decision but County Court
4. As an alternative, I can hire a contractor; then sue for the costs of removal of said fence. Presumably, I would need to return all fencing materials to my neighbour as these are clearly his property. Is this correct?
4. Yes but you need to give notice ie 14 days and allow him an opportunity to rectify
That's fine. I have drafted a letter giving him one month to remove the fence from my land. After that, if I need to engage a contractor to remove it, I will pursue a claim via the small claims process in the County Court.
Can I clarify anything else?
Thank you for your advice. I am happy to pay the fee for it.